Ex-U.S. Attorney Michael Sherwin referred to the DOJ's Office of Professional Responsibility

[Nevilledog]

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Adam Klasfeld
@KlasfeldReports
·
Mar 23, 2021
Ex-U.S. Attorney Michael Sherwin, a Trump appointee, referred to the DOJ's Office of Professional Responsibility to look into his '60 Minutes' interview, a government lawyer said.

Adam Klasfeld
@KlasfeldReports
Replying to @KlasfeldReports
The judge said that the interview appeared not to comply with DOJ protocols.

"Those rules and procedures have not been complied with," a government attorney says, saying that the matter has been referred to the Office of Professional Responsibility.

Adam Klasfeld
@KlasfeldReports
Sherwin was appointed by Bill Barr under the Trump administration.

Story ahead, via @Aaron_Keller_
2:00 PM · Mar 23, 2021

[soothsayer]

1. I love to see it

[malaise]

2. Good

Lock them all up

[Deacon Blue]

3. Sabotaging the Prosecution of Insurrectionists?

As a former prosecutor, this lawyer would have been well aware of DOJ rules against press contact about a pending case, and how the defense counsel would howl (zealously, within the bounds of the law) about the prejudice to their clients making the case unprosecutable.

No way Sherwin could not have known this. Helping to get the Fix in. POS. Disbarment should follow, as well as investigation of his communications with other conspirators...

[crickets]

4. Wow. Direct link to article:

https://lawandcrime.com/u-s-capitol-siege/federal-judge-to-probe-former-top-d-c-prosecutors-60-minutes-interview-in-oath-keepers-case-proud-boy-also-demands-review/

Sherwin was tapped by former President Donald Trump to run the D.C. prosecutor’s office. The Joe Biden administration ended up installing Channing Phillips as acting U.S. Attorney in Washington; as of last week, Sherwin moved back to Miami to fill an Assistant U.S. Attorney role.

The timing of Sherwin’s tenure with the D.C. office is important. Under legal ethics rules, attorneys are generally discouraged from talking to reporters about cases they have handled or currently are handling. However, the rules still allow plenty of wiggle room for attorneys to discuss matters with the press. [snip]

Sherwin’s reference to the “public record” is legally critical. Under most ethics guidelines, attorneys are free to talk to the press about information already contained on the public docket. D.C.’s rule is even more wide open than the American Bar Association’s model rule in this area.

Pelley referred to Sherwin as “an eyewitness” to the president’s rally which preceded the U.S. Capitol Breach. [snip]

Generally speaking, attorneys cannot appear in matters where they or members of their law firm are witnesses. The relevant D.C. version of the rule, however, explicitly contains an exemption for government attorneys. [more]

From reading the article, it appears Sherwin may have tried to thread the needle that he was exempt from any rule against discussing the case. His sense of ethics stinks; it's obvious he should have kept his mouth shut.