A federal prosecutor told a judge on Tuesday that the Justice Department was investigating Michael Sherwin, the former U.S. prosecutor in Washington, DC, for comments he made during a “60-minute” interview on the Capitol riot polls.
In an interview broadcast Sunday, Sherwin said he believed the evidence “tended to” meet the standard of laying sedition charges against some of the rioters. “I think the facts support these accusations,” he said and also made other comments on individual defendants.
His statements seemed inappropriate to some former prosecutors, and DOJ officials notably declined on Monday to say whether Sherwin had sought approval before accepting the interview.
In a Tuesday hearing involving four people accused of being members of the Oath Keepers, U.S. District Court Judge Amit Mehta for the District of Columbia said he was “surprised, and I’m restrained in my use of the terminology. Surprised to say the least to see Mr. Sherwin seated for an interview on a pending case in an ongoing criminal investigation.
“I really don’t have to say whether his interview violated Justice Department policy, but I hope the Department of Justice is looking into this matter. “
John Crabb, director of the criminal division of the U.S. Attorney’s Office in Washington, told the judge Sherwin’s decision was under investigation.
Sherwin resigned as a US attorney on Friday to return to the US attorney’s office in Miami.
Michael Kosnar contributed.