Justice Department’s Actions Raise Eyebrows: Did Trump’s Name Disappear from Court Records?

DOJ removed Trump/Jan 6 mentions from a court record, sidelining prosecutors in a pardoned rioter’s case.
Crowd of Trump supporters with flags gathered near the U.S. Capitol building's exterior with smoke visible. Crowd of Trump supporters with flags gathered near the U.S. Capitol building's exterior with smoke visible.
Protesters and Trump supporters gathered outside the U.S. Capitol on January 6, 2021. By Philip Yabut / Shutterstock.com.

The Justice Department has drawn sharp criticism from current and former career prosecutors after it removed mentions of Donald Trump and the January 6 Capitol attack from court records, subsequently sidelining two US attorneys involved in the sentencing of a pardoned rioter. These actions, described as an “alarming whitewashing of history,” centered on the case of Taylor Taranto, who was convicted of gun crimes after making threats related to a social media post by President Trump concerning former President Barack Obama.

Taylor Taranto was arrested in June 2023 near former President Obama’s Washington, D.C., residence, following online threats of violence toward the federal government. He had live-streamed his activities after President Trump published what was purported to be Obama’s address on a social media platform. Taranto was later found guilty in May of gun-related charges and making a false threat to use a car bomb against a federal building.

The original sentencing memo, filed on Tuesday by prosecutors Carlos Valdivia and Samuel White, detailed that Taranto had reposted President Trump’s social media entry before driving to Obama’s neighborhood. It also noted Taranto’s participation in the January 6 Capitol riot, where he was accused of entering the U.S. Capitol Building. Although charged with related crimes, Taranto was never convicted for his role in January 6 as he received a pardon from President Trump before trial.

Within 24 hours of the original memo being highlighted by a reporter, the court filing was removed from the record, and prosecutors Valdivia and White were suspended from their positions. A new, amended version of the sentencing memo was then filed, which conspicuously scrubbed all references to President Trump’s social media post and Taranto’s involvement in the January 6 events.

Reactions to the Department’s Actions

The Justice Department’s decisions have prompted widespread concern among its employees and alumni, with one source calling the sentencing memo change “Orwellian.” Stacey Young, a former Justice Department attorney and founder of Justice Connection, stated that it was “shocking that prosecutors could be put on leave for accurately stating the court record.” Young emphasized that the prosecutors “upheld their duty of candor by informing the court of clearly established facts relevant to their case.”

US Attorney Jeanine Pirro in Washington, D.C., declined to comment on the suspensions and filing changes during a news conference, stating, “I think the papers speak for themselves, and what goes on in this office is not something that I’m going to comment on.” A Justice Department spokesperson also declined to comment on personnel decisions but affirmed the department’s commitment to vigorously pursuing justice against those who commit or threaten violence, without clarifying if these comments pertained to Taranto’s actions or the January 6 riot.

Taranto’s Sentencing and Judicial Commentary

At a hearing on Thursday, Judge Carl Nichols, a 2019 Trump appointee, sentenced Taranto to 21 months in prison, a term largely covered by time already served. The Department of Justice had sought a 27-month sentence, while Taranto’s defense attorney, Carmen Hernandez, requested time served, citing Taranto’s past military service and a post-traumatic stress disorder diagnosis.

Judge Nichols noted that Taranto “made troubling statements” online but also highlighted his lack of prior criminal history, deeming his conduct “far from egregious.” Significantly, the judge praised the two suspended prosecutors, stating that they “upheld the highest standard” and did a “commendable and exceptional job” throughout the case. Taranto, speaking briefly at the hearing, did not apologize but encouraged an open mind regarding the 2020 election results.

The Justice Department’s decision to alter court records and suspend prosecutors has ignited a debate over the integrity of judicial proceedings and the potential for political influence within federal agencies. The incident has left many within the legal community questioning the transparency and objectivity of the department’s actions, particularly in cases involving politically sensitive figures and events.

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