Trump Orders DOJ To Purge Press Releases Of J-6 Offenders

Donald Trump’s decision to remove Department of Justice (DOJ) press releases for individuals convicted in the January 6, 2021, Capitol riot has sparked a broader conversation about the lasting impact of publicizing criminal convictions. Critics argue that deleting these press releases is an attempt to rewrite history, but it also highlights the challenges faced by all returning citizens in overcoming the stigma of their past convictions.

For many individuals who have served their sentences in federal prison, reentry into society is an uphill battle. Employers and landlords often rely on background checks that reveal felony convictions, making it difficult for former prisoners to secure jobs or housing. Adding to this challenge is the lasting presence of DOJ press releases, which frequently appear at the top of search engine results. These announcements, often written with harsh language, can overshadow the steps individuals have taken to rehabilitate and reintegrate into society.

The DOJ’s practice of publicizing convictions is not new. Press releases detailing arrests, plea deals, and sentencing outcomes often circulate widely, providing fodder for news outlets. Local newspapers, operating with limited resources, frequently republish these releases without independent investigation. These stories remain online indefinitely, even in cases where convictions are overturned or sentences are commuted, as was seen with David Blaszczak and others whose insider trading convictions were ultimately vacated. The DOJ press release from 2018 detailing their charges remains online, unamended, perpetuating misinformation about their cases.

Both presidents Donald Trump and Joe Biden have commuted the sentences or pardoned nearly 5,000 individuals in the past month, the most in our country’s history over such a short period of time. Biden’s commutation of 1,500 CARES Act prisoners who were serving their terms on home confinement and another 1,500 for various drug offenders marked two of the largest groups of commutations since the Jimmy Carter pardoned nearly 200,000 people who refused to join the military draft during the Vietnam War. Trump drew criticism for his pardon of over 1,000 prisoners and former prisoners who were part of the January 6, 2021 riots associated with his failed presidential run in 2020. Putting politics aside, these actions, while welcome for those who received them, are only part of the story.

Trump’s move to erase press releases for January 6 participants is not entirely unprecedented. In 2021, The Boston Globe launched its “Fresh Start” initiative, allowing individuals to request updates or anonymization of past crime coverage to reduce its lasting impact. Similarly, Massachusetts is exploring legislation, “Clean Slate Massachusetts,” to automate the sealing of criminal records for eligible individuals. These initiatives acknowledge the harm caused by publicizing past convictions indefinitely and aim to promote second chances.

I spoke with a few of the people who received a commutation from Biden under the CARES Act and they still face many obstacles including completing their term of supervised release post prison and making restitution payments. However, a common challenge is overcoming the stories written about them, particularly those press releases from DOJ. Sam (name withheld) was convicted of a white-collar crime involving securities fraud and told me that when he Googles his name that the first story about his past is a DOJ press release. “I get that I made a mistake,” Sam told me in an interview, “but I also went to prison and paid fines and a significant amount of restitution.” Sam’s DOJ press release about his case is over 15 years old.

Sam believes that he has paid a price for his mistakes and the continued public shaming does nothing more than seek to embarrass him and any employer that is willing to overlook his criminal record. He added that the Securities and Exchange Commission inquired of him recently to seek a voluntary lifetime ban from being in any security-related business. At first he refused based on the fact that nobody would hire him anyway and he had no interest in reentering the industry. Upon refusal, an old press release by the SEC about his case was once again at the top of the search when he Googled his name. “Do I think it was a coincidence,” Sam said, “no I don’t.”

Using media to further the DOJ’s cases is not new. Starting in April 2013, stories about the investigation into famed-gambler and entrepreneur Billy Walters began appearing in The Wall Street Journal and The New York Times
NYT
, with confidential grand jury information attributed to “people briefed on the probe.’’ Walters, who was convicted of insider trading and spent time in federal prison before Trump commuted his sentence filed a lawsuit claiming the illegal leaks were intended to “tickle the wire” by enticing targets of their investigation to implicate themselves on wiretaps. While Walters’ case against the Southern District of New York was eventually dismissed, the US Attorneys Office admitted that a rogue FBI Agent had leaked information to the press that was used to create stories about Walters.

Critics of the DOJ’s practices argue that the agency should adopt measures to limit the lasting harm caused by its press releases. The ongoing use of these announcements years after sentences are served does little more than perpetuate public shaming and deter employers from offering opportunities to rehabilitated individuals. Trump’s actions, while controversial, could serve as a blueprint for broader reform, benefitting a wide range of returning citizens beyond the January 6 participants.