DOJ places 2 federal prosecutors on leave for labeling January 6 crowd as 'mob of rioters'

WASHINGTON, DC: The Justice Department has placed two federal prosecutors on administrative leave after they referred to the defendants pardoned by President Donald Trump for the January 6, 2021, Capitol attack as a "mob of rioters."

The two federal prosecutors, Carlos Valdivia and Samuel White, were placed on leave after the phrase appeared in a sentencing memo filed on Tuesday, October 28, in the case of Taylor Taranto, one of the about 1,500 defendants pardoned by Trump. 

The decision to place the prosecutors on leave came shortly after the memo was filed. 

The Justice Department has not yet publicly explained its action.

Trump-pardoned rioter convicted of new crimes

Taylor Taranto, 39, was charged for his role in the January 6 attack on the US Capitol, where prosecutors said that he took part in a “scuffle” with police officers.

Though Trump’s pardon covered his involvement in the Capitol riot, it did not extend to later charges, reportedly stemming from a 2023 bomb hoax and his appearance near former President Barack Obama’s home with weapons and ammunition in his van.

He was convicted in May on charges of illegally carrying firearms without a license, unlawful possession of ammunition, and false information and hoaxes.

Prosecutors had recommended a 27-month sentence, although Taranto is expected to be released after serving the time.

Prosecutors’ memo described the January 6 attack 

In their filing, Valdivia and White wrote that “thousands of people comprising a mob of rioters attacked the US Capitol while a joint session of Congress met to certify the results of the 2020 presidential election.” 

The memo also said that Taranto had promoted conspiracy theories about January 6 and referenced how, in June 2023, Trump posted what he claimed was Obama’s address online just before Taranto showed up in the area, saying he would “stop at nothing to get the shot.”

Jeanine Pirro, the US Attorney for the District of Columbia, declined to comment on personnel decisions but emphasized the department’s commitment to prosecuting threats and violence.

“We take violence and threats of violence against law enforcement, current or former government officials extremely seriously,” Pirro said. 

She also added that they "will continue to vigorously pursue justice against those who commit or threaten violence, without regard to the political party of the offender or the target."

Pattern among pardoned rioters

Taranto was first identified by online “sedition hunters” who aided the FBI in identifying hundreds of January 6 participants.

Of the Trump-pardoned rioters, several have reportedly since faced new criminal charges unrelated to that day, including one earlier this month accused of threatening House Minority Leader Hakeem Jeffries.

The Justice Department has not yet announced who will handle Taranto’s sentencing hearing, which is scheduled for Thursday.