So we now know that Michael Sherwen, a Donald Trump Bill Barr holdover, maybe we should call him left over, went rogue when he gave that interview to 60 Minutes about the ongoing investigation into the attack at the US Capitol. And in the process, he violated bedrock Department of Justice rules.

Let's talk about that, because following DOJ rules in connection with what may be one of the most consequential criminal investigations of our time, the attempted violent overthrow of the government. Like justice. Matters. Hail Glenn Kershner here, so I did a video yesterday about the bizarre, inappropriate interview that Michael Sherwen gave to 60 Minutes, Michael Sherwen, who is now the departed, the former acting US attorney for the District of Columbia. He'd been involved in the investigation into the attack on the US Capitol.

And in yesterday's video, I raised the primary question of who in the world at the Department of Justice gave Michael Sherwen approval, gave him authority to make this public statement to 60 Minutes about an ongoing criminal investigation, because DOJ rules prohibit prosecutors from talking to the media about ongoing investigations unless there is specific advance approval given.

Well, now we have an answer to the question, who in the world at the Department of Justice approved this?

And the answer is. Nobody. Here is the reporting that came in late last night by Evan Perez, the CNN justice correspondent. The headline, Former Capital Riot Prosecutors Comments on Trump alarm new no drama. Justice Department.

And here is how that article reads in part, quote, Sherwen didn't get prior approval from his Justice Department bosses before the 60 Minutes interview.

So can we do a very quick recap of the rules, the bedrock principles that govern federal prosecutors, rules that Michael Sherwen violated, ignored and flouted by talking with 60 Minutes? So those rules come from the US Attorney's manual. That is the guide by which all federal prosecutors do their business.

And this is Section one, Dash seven point four zero zero. Disclosure of information concerning ongoing investigations. I'm going to start with subsection B because subsection B sets out the general rule.

DOJ generally will not confirm the existence of or otherwise comment about ongoing investigations. Now, let me jump up to Section A..

Any communication by Department of Justice personnel with a member of the media relating to a pending investigation or case must be approved in advance by the appropriate United States attorney or assistant attorney general, except in emergency circumstances? So Michael Sherwen went rogue and he went rogue in the worst possible criminal investigation. Because it may be one of the most consequential criminal investigations in recent times and maybe in our nation's history, an attempted overthrow of the federal government launched by the president of the United States himself.

And here's the thing, folks. It doesn't matter if Michael Sherwin was right or wrong regarding the factual representations he made in that 60 Minutes interview. So when he said, of course, we're investigating Donald Trump for his potential complicity in this, doesn't matter if that's right or wrong.

Sounds right.

We all saw the evidence of him encouraging his supporters, his mob, to go stop the steel. But that's beside the point.

And it doesn't matter if Michael Sherman was right. Michael Sherwen was right or wrong when he, for example, said the evidence that we've gathered up supports sedition charges. Again, sounds right based on what we've seen. But you don't predict as a federal prosecutor what charges might be brought in the future. When you're in the thick of a criminal investigation, you don't comment on who your future target may be, even if it is Donald Trump, even if it is supported by the evidence.

That's why we have rules that prohibit federal prosecutors from talking with the media about ongoing investigations.

So what Michael Sherwen did is absolutely actionable. What do I mean by that?

Well, he's probably already been referred to the Department of Justice Office of Professional Responsibility OPI are any time there is an allegation of federal prosecutor misconduct, it gets referred to OPR for investigation and if appropriate, sanctions. He should also be referred to his state bar council, whatever state he happens to be barred in, whatever state has admitted him to practice law in that state. He should be referred to that bar council for investigation and if appropriate, sanctions because he flat out violated in the worst way.

Prohibition federal prosecutors have against speaking about ongoing investigations and let me just finish on a personal note, folks.

For nearly a quarter of a century, the Department of Justice was my professional home, specifically the United States attorney's office for the District of Columbia, the office that is investigating the insurrection and what Bill Barr and Donald Trump did to the Department of Justice did to my friends, did to my former colleagues, and most importantly, did to the American people, that in a very real sense, we as federal prosecutors represent we work on behalf of every single day.

What Trump and Barr did to that organization and by extension to the American people breaks my heart and makes me sick to my stomach.

And, you know, whatever inspired Michael Sherwin, Donald Trump, Bill Bar left over that he is whatever inspired him to give that inappropriate, unethical statement interview to 60 Minutes, whether it was his ego, whether it was hubris, whether it was a desire to sell his story in the future.

I have no idea.

But whatever it was, there are really only three words now to describe what must happen to Michael Sherwin. Accountability, accountability and accountability. Let's throw in a little bit of justice while we're at it. Because justice. Matters. And folks, as always, thank you for tuning into these daily videos, if you would like to more formally support our all volunteer efforts here, you can go over to Patreon dot com. You can sign up to become a patron.

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