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The Justice Department placed two federal prosecutors on administrative leave this week after they described the Jan. 6, 2021, Capitol attack as a “riot” carried out by a “mob” in a sentencing memorandum — language that diverged sharply from President Donald Trump’s characterization of the day’s events, according to three sources familiar with the matter.
The original filing, submitted Tuesday in the case of Taylor Taranto, sought a 27-month prison sentence for the Washington-area man who was pardoned by Trump on Capitol riot charges earlier this year but later convicted of livestreaming a bomb threat. Prosecutors said Taranto had driven around former President Barack Obama’s neighborhood while armed and recording himself, just hours after Trump posted Obama’s purported address on Truth Social.
In the filing, prosecutors wrote that “thousands of people comprising a mob of rioters attacked the U.S. Capitol,” an unflinching description that underscored the violent nature of the insurrection. The memo’s phrasing — particularly its reference to a “mob” — stood out, given Trump’s repeated insistence that Jan. 6 was “a beautiful day” and that participants were “hostages,” not criminals.
Hours after the filing appeared in the court docket, two prosecutors whose names were listed on the memo were placed on leave, multiple officials confirmed to CBS News.
Later that day, a revised version of the sentencing memorandum was uploaded to the federal court database. The new document removed references to Trump’s social media post and any mention of a “mob” or “riot.” It was signed by two different prosecutors — though still included U.S. Attorney Jeanine Pirro, a former Fox News host and longtime Trump ally, as a supervising attorney.
Pirro said in a statement, “While we don’t comment on personnel decisions, we want to make very clear that we take violence and threats of violence against law enforcement, current or former government officials, extremely seriously.”
“We have and 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,” Pirro added.
Fallout from Jan. 6 pardons
Trump’s decision earlier this year to grant clemency to more than 1,500 Capitol rioters has continued to reverberate through the federal justice system. The near-blanket pardons prompted outrage from Democratic lawmakers and federal judges, some of whom accused Trump of promoting a “revisionist myth” that downplays the deadly attack.
Taranto is among several pardon recipients to face new federal charges unrelated to Jan. 6. Earlier this month, another pardoned rioter was arrested for allegedly threatening House Minority Leader Hakeem Jeffries, while others have been accused of burglary and brandishing firearms at police.
Taranto’s sentencing hearing is scheduled for Thursday before U.S. District Judge Tanya Chutkan, according to court records.
