Judicial Watch Sues for Biden Justice Department Last-Minute January 6 Targeting

(Washington, DC) – Judicial Watch announced today that it filed a Freedom of Information (FOIA) lawsuit against the U.S. Department of Justice for records on accelerated January 6 prosecutions after Donald Trump was elected president in November 2024 (Judicial Watch v. U.S. Department of Justice(No. 1:25-cv-02161)).  

The Biden administration, anticipating President-elect Donald Trump’s promise to issue pardons for January 6, 2021, defendants, is believed to have accelerated prosecutions in the final months of Biden’s term.

Judicial Watch filed suit in the U.S. District Court for the District of Columbia after the Justice Department failed to respond to a November 2024 FOIA request for the records of then-Attorney General Merrick Garland, then-Deputy Attorney General Lisa O. Monaco, then-Principal Deputy Associate Attorney General Benjamin C. Mizer, and then-Special Counsel Jack Smith “regarding a) pardons of any person(s) incarcerated due convictions in federal court in the District of Columbia related to crimes committed at the U.S. Capitol in Washington, D.C, on Wednesday, Jan. 6, 2021 b) directives or orders to focus on arresting additional suspects by type of offense allegedly committed. The timeframe of the request is from January – November 2024.”

On January 6, 2025, the Justice Department reportedly considered charging up to 200 additional people for their alleged involvement at the U.S. Capitol disturbance. About 1,583 people already had been facing federal charges. On January 17, 2025, it was reported that the FBI and federal prosecutors continued to make arrests and “pursue hefty sentences for those who breached the U.S. Capitol grounds.” Authorities made four arrests just days before Trump’s inauguration.

“The corrupt Biden Justice Department tried to undermine the Trump administration by maliciously prosecuting American citizens tied to January 6. Judicial Watch’s lawsuit aims to get to the truth about this last-minute abuse of power,” Judicial Watch President Tom Fitton said.

 Judicial Watch has several FOIA lawsuits dealing with the lawfare targeting Trump and his supporters.

In August 2025, Judicial Watch announced that the U.S. Air Force will finally provide full military funeral honors to Ashli Babbitt, the Air Force veteran who was shot and killed inside the U.S. Capitol by then-Capitol Police Lt. Michael Byrd on January 6, 2021. Babbitt was the only official January 6 homicide victim. The Biden administration had previously denied Babbitt and her family these honors in retaliation for being at the U.S. Capitol that day. This decision comes on the heels of a massive, nearly $5 million Trump administration settlement to her family for wrongful death and other claims against the U.S. Government.

Also in August, a Georgia state court issued an order in a Judicial Watch lawsuit for Georgia District Attorney Fani Willis to provide new information and potentially conduct a new search for Trump-related records because her affidavit to the court made no reference to whether any searches of the devices of former Fulton County Special Prosecutor Nathan Wade or those of Chief Investigator Michael L. Hill, who was involved gathering evidence and coordinating investigative efforts, and likely met with the January 6 Committee. 

In May 2025, Judicial Watch sued the U.S. Department of Defense for records regarding a reported 2021 meeting between then-Attorney General Merrick Garland and then-Chairman of the Joint Chiefs of Staff General Mark Milley during which they discussed President Trump. During the meeting, Milley is alleged to have pressured Garland to target “far-right” militia movements (Judicial Watch Inc. v. U.S. Department of Defense (No. 1:25-cv-01330)).

In April 2025, Judicial Watch filed a FOIA lawsuit against the Internal Revenue Service to obtain records related to possible improper targeting of January 6, 2021, Capitol protesters, their supporters, and related nonprofits (Judicial Watch v. Internal Revenue Service (No. 1:25-cv-01290)).

In February 2025, Judicial Watch sued the U.S. Department of Defense for information about two conference calls involving then-Chairman of the Joint Chief of Staff Mark Milley with the Departments of Justice, Interior and Homeland Security regarding coordination for the January 6, 2021, election certification (Judicial Watch v. U.S. Department of Defense (No. 1:25-cv-00439)).

In December 2024, Judicial Watch sued the Justice Department for details of a reported meeting between Attorney General Merrick Garland and. Milley in which they discussed President Trump and during which General Milley pressured Garland to target American “far right” militia movements (Judicial Watch Inc. v. U.S. Department of Justice (No. 1:24-cv-03380)).

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