Constitutional Law ยท Ethics ยท Justice ยท Government ยท Media LiteracyยทMay 23, 2026
DOJ deletes 1,600-defendant Jan. 6 database, calling prosecutions propaganda
On May 23, 2026, the Trump Justice Department removed hundreds of press releases documenting charges, convictions, and sentences against roughly 1,600 January 6 Capitol riot defendants from its official website. Acting Attorney General
Todd Blanche had overseen the department since April 2026, and his office defended the deletion by calling the records "partisan propaganda" from what it described as the Biden administration's "weaponized" DOJ. The department had maintained what it called the largest prosecution database in its history, covering every defendant charged by the U.S. Attorney's Office for the District of Columbia since January 6, 2021.
The deletion arrived on the same day the DC Circuit Court vacated the seditious conspiracy convictions of top Oath Keepers members, and just days after
Blanche told Congress that Jan. 6 defendants could be eligible for the DOJ's new $1.776 billion Anti-Weaponization Fund. Citizens for Responsibility and Ethics in Washington said the removal likely violated 44 U.S.C. ยง 3106, the ๐Federal Records Act provision requiring agencies to notify the National Archives before deleting federal records. U.S. District Judge Paul Friedman had already anticipated this kind of erasure: in a February 2025 ruling, he embedded a copy of the full defendant database into his public court opinion, where it remains accessible through federal court systems.
Key facts
On May 23, 2026, the Trump Justice Department removed from its website hundreds of press releases documenting every charge, conviction, and sentence in what prosecutors had called the largest criminal prosecution in American history. The database covered roughly 1,600 defendants charged by the U.S. Attorney's Office for the District of Columbia following the January 6, 2021 attack on the Capitol. Monthly prosecution updates had tracked each case from arrest through sentencing since 2021.
A Washington Post reporter noticed the deletions first and published the finding. The DOJ's Rapid Response account on X responded within hours, writing there was 'nothing quiet about it' and declaring the department was 'proud to reverse the DOJ's weaponization under the Biden administration.' The statement framed five years of criminal prosecution records as 'partisan propaganda.'
Acting Attorney General
Todd Blanche has led the Justice Department since April 2026, when President Trump fired Attorney General Pam Bondi.
Blanche was previously Trump's personal defense attorney during his two federal criminal trials before the cases were dismissed in 2025. He told a Senate appropriations subcommittee on May 19, 2026, that 'anybody in this country can apply' to the new $1.776 billion Anti-Weaponization Fund, and Jan. 6 defendants convicted of assaulting police officers from receiving payments.
The fund originated from a settlement in a lawsuit Trump filed against his own executive branch, alleging the IRS illegally leaked his tax returns. A commission appointed by the attorney general will decide eligibility. Two Capitol Police officers who defended the building on January 6 โ retired officer Harry Dunn and Metropolitan Police Department officer Daniel Hodges โ on May 20, 2026.
The deleted press releases weren't just DOJ public relations. They were the government's own documentation of what it charged, what evidence it presented, and what judges imposed as punishment. For journalists tracking cases, the database was a single searchable source. For researchers studying patterns in how the justice system responds to political violence, it was the primary dataset. For victims and Capitol Police officers, it was the public acknowledgment that the attacks happened and were prosecuted.
ProPublica noted that the in individual federal courthouses, but assembling a complete picture now requires the kind of resources most individuals and small news organizations don't have. By removing the consolidated database, DOJ shifted the burden of documentation from the government to the public.
Citizens for Responsibility and Ethics in Washington sent a letter to the Archivist of the United States and the DOJ Inspector General on the day of the deletion, arguing it . That statute requires agency heads to notify the archivist when federal records face removal or destruction and to initiate recovery action. The law gives the archivist the authority to request the Attorney General act if the agency head doesn't.
The National Archives opened an unauthorized-disposition inquiry in March 2025 after an earlier CREW complaint about the initial database removal following Trump's January 2025 pardons. Archives officials noted then that agencies can remove content from public websites while preserving records internally. CREW argues the May 23 deletion went further, removing documentation that served an ongoing public accountability function.
President Trump issued clemency to roughly 1,500 January 6 defendants on his first day in office, January 20, 2025. Most received full pardons; 14 Oath Keepers and Proud Boys leaders received sentence commutations. That mass pardon ended the criminal legal process but didn't erase the underlying prosecution record โ the documentation of what each defendant was charged with, what evidence supported the charges, and what sentences were imposed remained on the DOJ website until May 23, 2026.
A pardon restores legal status. It doesn't reclassify the underlying conduct or expunge the public record of what a court found. The DOJ's May 23 action went beyond the pardon: it removed the government's own account of what the pardoned individuals did. In the department's telling on X, the pardoned defendants weren't just relieved of punishment โ the prosecution itself was retroactively reframed as political persecution.
The DC Circuit Court vacated the seditious conspiracy convictions of Oath Keepers leader Stewart Rhodes and associates Kelly Meggs, Kenneth Harrelson, and Jessica Watkins on or around May 23, 2026. The DOJ had , asking the appeals court to throw out what the Biden-era DOJ had called its most significant Jan. 6 prosecutions. The court granted the motion and remanded for dismissal of the indictments.
The Proud Boys members facing seditious conspiracy charges โ including Ethan Nordean, Joseph Biggs, and Zachary Rehl โ faced the same process. The DOJ vacated the convictions and removed the prosecution records in the same week, erasing both the legal findings and the documentary record.
Among the deleted press releases was one documenting the case of Andrew Taake, a Houston man who was sentenced to more than six months in prison for attacking Capitol Police officers with bear spray and a metal whip. The DOJ's press release on Taake had also noted he had an active child solicitation case pending at the time of sentencing. Trump pardoned Taake in January 2025. In February 2025, Texas authorities arrested Taake on a 2016 felony charge of online solicitation of a minor.
When Washington Post reporter Meryl Kornfield flagged that Taake's press release was among those deleted, the DOJ's Rapid Response account even after the active criminal case was pointed out. His case made concrete what the database deletion meant in practice: the public record connecting a pardoned defendant's Capitol attack conviction to his active criminal conduct was gone.
U.S. District Judge Paul Friedman, a senior judge on the D.C. District Court appointed by President Clinton, had written about the prosecution database in a February 1, 2025 ruling that rejected Trump's claim that the prosecutions constituted a 'national injustice.' Friedman embedded a copy of the full defendant database directly into his published court opinion, which remains publicly accessible through the federal court system's PACER records.
The version of the database preserved in his ruling mirrors what the DOJ removed from its own website. For researchers and journalists, it now serves as the most accessible surviving copy of what the government documented about the 1,600 defendants. A federal judge had to preserve it in a court ruling because the executive branch was willing to delete it.
The $1.776 billion Anti-Weaponization Fund was announced by DOJ on May 16, 2026, structured as a settlement resolving Trump's personal lawsuit against the IRS over his tax return leak. The fund's five-member commission, to be appointed by the attorney general, will decide who receives monetary compensation or formal apologies. Two Capitol Police officers who fought off the mob on January 6 filed a federal lawsuit on May 20, 2026, calling the fund illegal and arguing it 'directly finances the violent operations of rioters, paramilitaries, and their supporters.'
Deleting prosecution records while creating a compensation mechanism for defendants gives the administration two tools. The database deletion removes the public documentation of what defendants did. The fund creates a pathway for those same defendants to receive taxpayer compensation framed as vindication. Neither requires legislative approval; both operate through executive-branch discretion.
The ๐Federal Records Act, codified at 44 U.S.C. Chapter 31, gives the Archivist of the United States authority over federal record preservation but limited enforcement teeth when the agency head and the president are aligned. The archivist can request the attorney general initiate recovery action โ but when the attorney general is the one who ordered the deletion, that referral pathway is inert. Congress can demand records and compel testimony through oversight, but the House Judiciary Committee is currently under Republican leadership that has supported the administration's Jan. 6 reframing.
The Society of American Archivists issued a statement after the May 23 deletion expressing alarm at what it called a direct threat to federal records integrity. Academic historians and journalists noted that the Wayback Machine at archive.org had captured many of the deleted pages before their removal, preserving a partial record outside the government's control. A nonprofit internet archive now holds documentation the Justice Department deleted.
On May 20, 2026, U.S. District Judge John D. Bates ordered the White House Office, the National Security Council, the Council of Economic Advisers, the U.S. Secret Service, and senior aides including Chief of Staff Susie Wiles and Deputy Chief of Staff Stephen Miller to comply with the Presidential Records Act โ the 1978 law that established public ownership of all records created in the course of a president's official duties. The 54-page ruling, which takes effect May 26, came in direct response to a DOJ Office of Legal Counsel memo dated April 1, 2026, in which Assistant Attorney General T. Elliot Gaiser declared the PRA unconstitutional and wrote that Trump "need not further comply" with it. Judge Bates โ appointed by President George W. Bush and confirmed 97-0 by the Senate in 2001 โ found the law "likely constitutional" under the Property Clause of Article IV, which grants Congress power to designate federal property and regulate its management. He wrote that "it is not for this Court, the Office of Legal Counsel, or the White House to second-guess Congress's lawful determination โ made pursuant to at least two different enumerated powers โ that citizens ought eventually to have access to these records." The lawsuit was filed April 7, 2026, by the American Historical Association and the watchdog group American Oversight. Bates stopped short of ordering President Trump or Vice President JD Vance directly โ citing the long-standing principle from Franklin v. Massachusetts that courts generally cannot enjoin the president in the performance of official duties. But he required all named Executive Office offices and aides to file a notice with the court by June 2, 2026, confirming steps taken to comply.
On May 18, 2026, the Trump administration's Department of Justice announced a $1.776 billion "Anti-Weaponization Fund." The dollar figure deliberately echoes the year 1776 as a political signal to Trump's MAGA base. The fund was created as part of a settlement in President Donald J. Trump v. Internal Revenue Service, in which Trump, Donald Trump Jr., Eric Trump, and the Trump Organization dropped their $10 billion lawsuit against the IRS with prejudice. They also withdrew two administrative claims: one over the 2022 FBI raid of Mar-a-Lago and one over what the DOJ called the "Russia-collusion hoax." In exchange, the plaintiffs received a formal government apology but no monetary payment. The fund draws from the Judgment Fund, a permanent, indefinite Treasury appropriation under 31 U.S.C. ยง 1304 that Congress created to pay final judgments and compromise settlements without requiring annual appropriations. A five-member commission appointed by Acting Attorney General Todd Blanche will process claims through December 15, 2028. The president can remove any member. One seat is chosen in consultation with congressional leadership. Any money left when the fund closes reverts to the federal government. Critics including Rep. Jamie Raskin (D-MD) challenged the fund's legality: "Only Congress has the power to appropriate money, and Congress never voted on creating this $1.7 billion political slush fund." Ninety-three House Democrats filed an amicus brief in federal court arguing the arrangement raises "the specter of corruption unparalleled in American history" and violates the Appropriations Clause (Article I, Section 9, Clause 7), the Domestic Emoluments Clause, and separation of powers principles. The DOJ cited the Obama-era Keepseagle settlement, a $760 million Judgment Fund payout for Native American farmers who alleged USDA discrimination, as legal precedent.
Acting Attorney General Todd Blanche's Justice Department filed a federal lawsuit on May 13, 2026, against the D.C. Office of Disciplinary Counsel, the Board on Professional Responsibility, and the D.C. Court of Appeals. The suit seeks to nullify disciplinary proceedings against two Trump administration attorneys: Jeffrey Clark, a former assistant attorney general whom the Board recommended for disbarment in July 2025 over his efforts to overturn the 2020 election, and Ed Martin, the current DOJ pardon attorney facing ethics charges for threatening Georgetown University Law Center over its DEI policies. The DOJ invokes the Supreme Court's 2024 presidential immunity decision in Trump v. United States, arguing that government lawyers who advise the president can't face bar discipline for conduct during official duties. The case landed on the docket of Senior U.S. District Judge Richard Leon, a George W. Bush appointee. Critics including the Brennan Center for Justice and the Georgia Supreme Court say the lawsuit, combined with a March 2026 proposed rule giving the attorney general "right of first review" over ethics complaints against DOJ lawyers, would eliminate the last independent check on federal prosecutor misconduct.
In March 2026, Attorney General Pam Bondi suspended the Justice Department's longstanding requirement that newly hired federal prosecutors have at least one year of prior legal experience. The March 13 memo, citing an "exigent hiring need," eliminated a floor that had protected prosecutorial competence for decades and reflected pressure from widespread departures across the department. The Justice Department has lost approximately 5,500 employees since Trump's second term began in January 2025, including over 250 career attorneys from the Civil Rights Division alone. Multiple districts including Minnesota and Southern Florida began posting prosecutor positions with only a law degree and bar admission as requirements. The suspension is set to expire February 28, 2027, but signals how institutional crises can force rapid abandonment of standards designed to protect public confidence in federal law enforcement.
Hours after being sworn in as attorney general, Pam Bondi signed a February 5, 2025 memorandum creating the Weaponization Working Group โ a DOJ unit tasked with reviewing what the administration called "politicized prosecutions" from the Biden era. The working group operated out of the U.S. Attorney's Office for the District of Columbia, then led by Ed Martin, a Missouri Republican who had spoken at "Stop the Steal" rallies, represented January 6 Capitol riot defendants in court, and later hired a January 6 convict to advise him at DOJ. Under Martin's leadership, the working group used DOJ's investigative power against Trump's political opponents: it investigated former FBI Director James Comey, New York Attorney General Letitia James, and Senator Adam Schiff. Martin held press conferences to publicly name and shame targets even when charges could not be brought. Senate Republicans blocked Martin's permanent appointment as D.C. U.S. Attorney in May 2025, with Senator Thom Tillis opposing him due to his support for January 6 rioters. Trump then formally made Martin the director of the Weaponization Working Group. The legal results were poor. A federal judge dismissed both the Comey indictment and the James indictment in November 2025, ruling that interim U.S. Attorney Lindsey Halligan โ who secured both indictments โ had not been lawfully appointed under the Constitution's Appointments Clause. Grand juries subsequently declined to re-indict either target. The Schiff investigation stalled without charges. Deputy AG Todd Blanche removed Martin from leading the group in December 2025. House Judiciary Democrats accused Martin of conducting official DOJ business through encrypted personal devices using disappearing messages, in apparent violation of federal records laws.
A federal grand jury indicted Carmen Lineberger, a former senior prosecutor in the Southern District of Florida, on Tuesday, May 19, 2026, on four felony counts tied to a sealed government report. The Justice Department says Lineberger downloaded Volume II of Special Counsel Jack Smith's report on the classified documents investigation into President Trump, saved it under the file name "Bundt_Cake_Recipe.pdf," and emailed it from her DOJ account to her personal Gmail on Dec. 1, 2025. A federal judge had ordered Volume II to stay under seal and barred its release outside the department. Lineberger pleaded not guilty on May 20, 2026, in West Palm Beach. To avoid a conflict of interest, the case was handed to prosecutors in a different DOJ office. The case turns on how the Justice Department investigates its own former lawyers, why courts seal sensitive records, and how a politically charged document gets handled when the people who control it have a stake in the outcome.
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