On January 20, 2025, the Justice Department's “shock and awe” campaign ended when President Donald Trump pardoned 1,500 of the January 6 defendants.
Four years ago, the Justice Department set out to send a chilling message to the nation. in interview A year later, Justice Department official Michael Sherwin told CBS News that he wanted to send a message about the harsh treatment of defendants.
Mr. Sherwin explained: “Our office wanted to make sure there was a shock-and-awe effect…through media posts that made people afraid to return to D.C. because, 'I went there, I'll come again.' It worked because I knew it was working.” You will be charged. …We wanted to get rid of people who were essentially blaming the public for their actions. ”
The awe has faded, but shock remains at the Justice Department.
If Sherwin and his colleagues were hoping to “Trump-proof” the country, they failed spectacularly.
Although the criminal charges were well-founded, the excessive treatment of some of the defendants on January 6 undermined the credibility of the charges for many.
It's not easy.
Most of us condemned the riots of January 6th. Desecration of our constitutional process.
Those involved in riots and, most importantly, violence needed to be punished.
But the ensuing situation left many of us increasingly anxious.
Although the Justice Department has arrested hundreds of people, most of whom were charged with relatively minor offenses such as trespassing and trespassing, the Justice Department has opposed the release of many and sought unreasonably long sentences. did.
In my recent book, “essential rights” describes these cases and their problematic elements.
A good example is the handling of the most well-known case of the so-called QAnon shaman.
Jake Angeli Chansley, shirtless and wearing an animal headdress, horns and red, white and blue face paint, became an iconic figure of the riot.
In an effort to make an example of these defendants, the Department of Justice took special steps to discipline Chansley. He was held in solitary confinement and bail was denied.
Chansley was treated even more harshly because of his high profile. It appears that it was his clothing, not his actions, that led to the verdict.
At the hearing, Judge Royce Lamberth said: For better or worse, he made himself the very image of this entire event. ”
Lamberth sentenced Chansley to 41 months in prison for “obstructing a federal proceeding.”
But long-unreleased footage recently showed Chansley (like hundreds of others that day) walking past Capitol Police security guards into the Capitol building and being escorted by officers. It was revealed that the train passed through the National Diet Building.
At one point, two police officers not only direct him to the floor, but actually appear to be trying to open a locked door for him.
Chansley is pictured walking unimpeded through a crowd of armed officers, holding a spear and a horned Viking helmet, carrying a 4-foot flag on his way to the Senate chamber.
So does that make Chansley's actions acceptable, let alone admirable?
Of course not.
He deserved to be arrested and punished.
But what many saw was a troubled individual being made an example for others.
In my book, I discuss how throughout history “rhetoric of anger” has been allowed to become “national anger.”
This is another example.
Trump ran on a promise to pardon these defendants, securing not only the White House but also the popular vote.
The public was not alone in rejecting the narrative of January 6th as a “riot.”
In the recent Supreme Court decision in Fisher v. United States on January 6th to dismiss hundreds of lawsuits for obstruction of legal process, the court left most lawsuits as mere mass trespass and trespass. did.
The shock may be over for these defendants, but for the Justice Department and FBI, it may be just the beginning.
During Hillary Clinton's campaign secretly funded When we launched the Russia conspiracy investigation into the infamous Steele dossier, a willing and enthusiastic partner was the Justice Department.
The “insurance policy,” as former FBI official Peter Strzok described it, was redeemed by the investigation that derailed much of President Trump's first term.
Then it was once again the Justice Department that did everything possible to convict Trump before the election.
The Justice Department is the most difficult silo in Washington to reform.
Unlike most departments, this department is largely homogeneous, with thousands of lawyers who share professional and cultural ties.
It is a division made up of litigators by its very definition.
Many people may have been shocked by this turn of events.
The feeling of being a predator becoming prey is inevitable.
President Trump has insisted on selecting Pam Bondi, who has no past ties or status to the Justice Department, as his nominee for attorney general.
For the Ministry of Justice, it must feel like the Visigoths arriving at the gates of Rome. . . Only residents can enter.
According to votethe public ultimately felt that the “barbarians” were less of a threat than those who claimed Rome would fall.
While this will certainly come as a shock to many in Washington, the judge's record showed how terrible the fear can be when officials feel the wrath of the state.
Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and the author of .An essential right: freedom of speech in a time of anger”
