WASHINGTON (CN) — A federal judge in Washington, D.C., ordered a response from the Justice Department on whether they considered Infowars host Owen Shroyer a member of the news media when prosecuting him for participating in the Jan. 6 Capitol riot.
Magistrate Judge Zia M. Faruqui said that when questioned by the court, prosecutors stated that they followed their own guidelines, which require approval from the attorney general if charging a member of the news media with a crime.
But the department would neither disclose if they designated Shroyer as a member of the media nor state the reasons underlying their determination.
“The events of January 6th were an attack on the foundation of our democracy,” Tuesday’s order read. “But this does not relieve the Department of Justice from following its own guidelines, written to preserve the very same democracy.”
Shroyer marched to the Capitol with “PRESS” written on the front and back of his black tactical vest and helmet. He carried a long black pole with what appeared to be a recording device at the end of it. But Shroyer hosts a talk show on the right-wing website Infowars, which is operated by conspiracy theorist Alex Jones and banned from major social media platforms for promoting lies and conspiracies.
The Infowars host was seen in footage marching to the Capitol, leading a group of people in a “1776!” chant and entering the restricted area of the Capitol, according to court documents. The day before, on Jan. 5, Shroyer urged rally attendees to stop the certification of President Joe Biden’s electoral victory.
“We are the new revolution!” Shroyer yelled to the crowd. “We are going to restore and we are going to save the republic!”
Not only did Shroyer get charged with trespassing and disorderly conduct, he also violated an agreement to not engage in disruptive behavior on Capitol grounds after he was arrested for shouting during a House Judiciary Committee impeachment hearing in December 2019.
Faruqui said that even if Shroyer were a member of the news media, there would be probable cause to believe he committed a crime. But, he wanted to make sure that the Justice Department followed protocol.
“The Department of Justice appears to believe that it is the sole enforcer of its regulations,” Faruqui wrote. “That leaves the court to wonder who watches the watchmen.”
In a letter responding to the court’s addendum order, John Crabb, head of the criminal division of the U.S. Attorney’s Office, said that protocols were “scrupulously followed” but called the court requirement inappropriate.
“While we appreciate the issues animating the court’s inquiry, we do not believe that it is appropriate for the court to inquire as to how the government implements its internal policies,” Crabb wrote. “Particularly when dealing with actions of the executive branch, separation of powers principles constrain the courts’ inherent and supervisory authority.”
Faruqui replied that the Justice Department has volunteered information in the past without harm to its own deliberative process, and its “newfound silence” is concerning.
“Moreover, the central question was not how they complied with the regulations, but if they did,” Faruqui wrote, noting that he thought Crabb’s letter “missed the mark.”
Shroyer is the second person who works for Infowars to be arrested for participating in the riot. Samuel Montoya, an Infowars video editor, was arrested in April.
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