Key Concepts
- January 6th Attack on the Capitol: The event of January 6, 2021, where a mob of supporters of then-President Donald Trump attacked the United States Capitol Building.
- Sentencing Memo: A legal document filed by prosecutors recommending a sentence for a defendant.
- Pardoned Rioter: An individual convicted of crimes related to the January 6th attack who received a presidential pardon.
- Administrative Leave: A temporary suspension from work, often paid, pending an investigation or other action.
- Furlough: A temporary layoff, typically due to a lack of funds or government shutdown.
- Department of Justice (DOJ): The federal department responsible for enforcing the law and administering justice.
Suspension of Prosecutors Over January 6th Language
Sources have informed ABC News that the Department of Justice (DOJ) is suspending two prosecutors, Carlos Valdivia and Samuel White, for their description of the January 6th attack on the Capitol as "a mob of rioters."
Case Details and Sentencing Memo
The suspension follows the filing of a sentencing memo for a pardoned rioter in a separate case. This individual was arrested in June 2023 near the home of former President Barack Obama and was found in possession of two guns, hundreds of rounds of ammunition, and a machete.
The prosecutors, Valdivia and White, referred to the January 6th attack in their sentencing memo because the individual they were recommending a sentence for was one of those pardoned by President Trump for their involvement in the January 6th events.
Description of January 6th and DOJ's Message
In the sentencing memo, the prosecutors described the January 6th attack on the Capitol as being carried out by "thousands of people comprising a mob of rioters." This language has reportedly sent a message across the government that the DOJ does not consider the attack on the Capitol to have been a riot and that it was not a mob. The implication is that future descriptions of the event may need to avoid such terminology.
Procedural Aspects of the Suspension
- Notification: Valdivia and White were informed they would be placed on administrative leave on Wednesday.
- Immediate Actions: They were locked out of their devices and instructed to leave the office if they arrived.
- Impact of Government Shutdown: Technically, they have not yet been placed on administrative leave due to the ongoing government shutdown. They have been furloughed, and the administrative leave will commence once the government reopens.
- Intention to Fire: The DOJ's intention is to ultimately fire both prosecutors solely because of the language used to describe January 6th in the memorandum.
Broader Implications and Future Actions
The situation is described as "remarkable" given that two prosecutors were facing administrative leave and potential termination for their choice of words. It is anticipated that future sentencing memos will omit language referring to January 6th as a riot or mob and will instead focus on the individual's past crimes.
Conclusion
The suspension and impending termination of Carlos Valdivia and Samuel White highlight a strict stance by the Department of Justice regarding the official characterization of the January 6th attack on the Capitol. The use of terms like "mob of rioters" in legal filings has been deemed unacceptable, signaling a directive to adhere to a specific narrative when discussing the event. The government shutdown has temporarily delayed the formal administrative leave, but the intent to dismiss the prosecutors remains clear.
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