Washington D.C.'s top prosecutor to probe alleged media leaks on Jan 6 cases, email says

By Sarah N. Lynch

WASHINGTON (Reuters) -Washington, D.C.'s top federal prosecutor announced on Friday that he is launching investigations into whether people improperly leaked information about the prosecutions of President Donald Trump's supporters who stormed the U.S. Capitol on January 6, 2021.

Interim U.S. Attorney Ed Martin said in an email seen by Reuters that the alleged leaks to the media about evidence in the criminal cases "damaged the parties, witnesses, and LEOs," referring to law enforcement officers.

"All of this was used by the media and partisans as misinformation," Martin added. "It was bad all around."

A spokesperson for Martin's office declined comment, and Martin's email did not provide any examples or evidence of any specific leaks.

Martin, a key Trump ally who repeated the president's false claims of election fraud in 2020, has admitted to being on Capitol grounds on the day of the riots.

The office he now leads prosecuted some 1,600 of Trump's supporters who stormed the building in a failed bid to block Congress from certifying President Joe Biden's election victory. Trump granted clemency to all of them on his first day in office.

Martin has moved to align his office with the White House in ways that are unusual for U.S. attorneys, who traditionally work with some degree of independence.

He has used his personal X account to make statements about criminal investigations and to promise that his office would investigate “targeting” of people working for Elon Musk in overhauling the federal government.

He has also directly reached out to members of Congress, such as Senate Minority Leader Chuck Schumer, in violation of Justice Department rules, in an effort to investigate them over political speech he perceives as threats of violence.

Martin, who previously represented several January 6 defendants, also is overseeing a review into the Justice Department's use of a felony obstruction statute to prosecute some of the rioters, after the Supreme Court ruled that it was used improperly in certain instances.

In his Friday email to staff, Martin said his office has contacted "lawyers, staff and judges" to solicit their feedback on the use of the obstruction charge, as part of an expansion in the scope of the review.

In the U.S. District Court for the District of Columbia, all but one judge agreed with the Justice Department's use of the obstruction statute in January 6 cases.

In his email, Martin claimed that one person with whom he spoke about the use of the statute called it the "greatest failure of legal judgment" since the Franklin D. Roosevelt administration when Japanese Americans were held in internment camps during World War Two.

"I agree," Martin added.

Trump has since nominated Martin to serve as U.S. Attorney.

The U.S. Senate needs to act on his nomination by May 20, after which his appointment is due to expire. If the Senate does not act in time, then his interim appointment would need to be re-authorized by the federal district court in Washington.

Democratic Senator Adam Schiff has since placed a hold on Martin's nomination.

Although the Senate Judiciary Committee typically does not hold confirmation hearings for U.S. Attorney nominees, the panel's Democrats have called on the Republican majority to make an exception for Martin, who is facing numerous complaints over his conduct.

(Reporting by Sarah N. Lynch; Editing by Mark Porter and Marguerita Choy)