A federal judge has ordered the government to stop removing video and court records related to the events of January 6, 2021, following concerns that online databases were being scrubbed. This decision comes after attorneys representing a coalition of news organizations discovered that video exhibits and judicial records had disappeared from government websites.
The coalition, consisting of multiple major news outlets, filed legal motions seeking to ensure continued access to these records. The removal of videos and documents followed an executive order pardoning and dismissing charges for all individuals involved in the Capitol riot. In response, the judge issued a ruling requiring government officials to identify any records that had been removed and provide explanations for their disappearance. The government must present this information by February 26.
Over the past four years, courts have repeatedly instructed the government to make riot-related records publicly available through an electronic drop box on its online portal. However, within the past week, certain video exhibits related to a Capitol riot defendant’s sentencing were no longer accessible. Legal teams representing the press reached out to government officials to inquire about the missing materials, but no explanation was provided at the time of filing.
One specific case involved a defendant who pleaded guilty to disorderly and disruptive conduct in a restricted area. Prior to the removals, the defendant’s case folder contained multiple video files labeled as exhibits. Legal representatives for the news outlets stated that the folder is now empty. They contacted government officials on February 10 to request the restoration of the missing videos and records. The officials responded that they would review the request but had yet to take action.
Lawyers argued that the missing video exhibits are judicial records subject to public access under the First Amendment and common law. Judges have previously ruled that the public has a right to view these materials, and that right does not disappear even after defendants receive pardons. The argument emphasized that video footage is immutable and represents the truth, regardless of how individuals attempt to frame the events of that day.
The court has not received a response from the government regarding the judge’s request. The ongoing dispute over access to January 6-related records is part of a broader debate about the handling of historical documentation and public accountability. Critics claim that the removal of these materials aligns with efforts to obscure or revise the narrative of what occurred.
A federal watchdog group has also raised concerns about the Department of Justice’s handling of information related to the Capitol attack. The group recently sent a letter to government officials urging an investigation into the removal of prosecution records, arguing that such actions may violate federal law. The letter asserts that erasing or altering public records of these events is inconsistent with the principles of transparency and accountability.
As legal challenges unfold, the controversy highlights broader concerns about preserving historical records and ensuring public access to government proceedings. The court’s latest ruling reinforces the expectation that official records, particularly those related to significant national events, must remain available to the public.
