Two Republican congressmen fear "hyper-politicization" will mean unfair treatment for some of the suspects in the Jan. 6 riot at the U.S. Capitol.
Rep. Thomas Massie, the Republican congressman who represents Northern Kentucky, and Rep. Chip Roy, a Texas Republican, outlined their concerns in a May 13 letter to Attorney General Merrick Garland.
"Those that damaged property and assaulted police officers on January 6th should rightfully face justice," Massie and Roy wrote in the joint letter. "However, the public outcry and hyper-politicization of the events on January 6th may incentivize prosecutors to use overly aggressive tactics, overcharge, and abuse the power of the federal government in order to satisfy favored political groups."
On the day of the riot, the threat posed by the crowd concerned Massie enough he grabbed his gun and barricaded himself and a few staffers in his office in the Capitol complex.
Now he's concerned about prosecutorial overreach.
More than 400 people across the country face federal charges for the attack on the Capitol following a pro-Trump rally on Jan. 6.
In the letter, Massie and Roy claimed they had "reports" federal prosecutors can't make plea deals without permission from "political appointees" at the Department of Justice. The letter doesn't cite the reports or name the political appointees.
The Enquirer reached out to Roy, Massie and the DOJ seeking clarification.
“Mr. Roy’s office has spoken with attorneys handling these cases and we can’t comment any further than that,” said John Kennedy, Massie's spokesman, in a statement.
Messages to Roy and the DOJ on Monday weren't immediately returned Monday morning.
So far, federal prosecutors have reached one plea deal. Jon Ryan Schaffer, of Indiana, pleaded guilty to felony counts of obstruction of an official proceeding, and entering and remaining in a restricted building or grounds with a deadly or dangerous weapon. Schaffer is a member of the Oath Keepers, which the FBI described as a paramilitary organization.
Prosecutors say Schaffer, armed with bear spray and wearing a tactical vest, put himself at the front of a crowd that pushed past four Capitol Police officers into the building.
Prosecutors have offered plea deals to more defendants, the New York Times, Associated Press and other agencies have reported.
Massie and Roy also questioned some of the tactics of federal agents in the arrests and raids of suspects related to the Jan. 6 riots.
"There are disturbing reports or heavily armed teams of federal agents bursting into family homes to arrest individuals with no history or likelihood of violence, and even one report of federal agents raiding the wrong home," Massie and Roy wrote.
Massie and Roy didn't cite any more examples. The one incident related to raiding the wrong home might refer to a raid on the home of a woman in Homer, Alaska. FBI briefly handcuffed the woman and told them they were looking for Nancy Pelosi's laptop, the Associated Press reported. The woman claimed they had the wrong house and person. News reports have been unable to confirm whether authorities targeted the right person.
Massie and Roy asked for a Garland to brief Congress by May 30 on the approval of plea agreements and use of force in raids surrounding the Jan. 6 riot.
"Please give this matter your immediate attention," they wrote. "We look forward to hearing from you."
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