Summary of "Lawfare Daily: Evaluating January 6 Prosecutions with Greg Rosen"

Episode Details:

• Podcast: The Lawfare Podcast
• Host: James Pierce
• Guest: Greg Rosenberg, former Chief of the Capitol Siege Section at the D.C. U.S. Attorney's Office
• Release Date: June 17, 2025

1. Introduction to Greg Rosenberg

The episode features Greg Rosenberg, an experienced prosecutor with a background spanning both state and federal levels. Rosenberg shares his journey from interning at the Loudoun County Commonwealth Attorney's Office in Virginia to his significant role in the D.C. U.S. Attorney's Office, where he eventually became the chief of the newly formed Capitol Siege Section.

2. Greg Rosenberg’s Path to Prosecution

Rosenberg discusses his early motivations for becoming a prosecutor, influenced by his father’s career in law enforcement and his mother’s role as a nurse practitioner. His commitment to public service led him to law school and ultimately to roles handling a wide spectrum of cases, from minor offenses like speeding tickets to serious crimes such as murder.

• Notable Quote:

  "I always wanted to be a prosecutor. So my father was in law enforcement, my mother was a nurse and then a nurse practitioner. So I sort of felt the call of public service and, you know, helping people." ([03:13])

3. Transition to the Federal Level

In 2015, Rosenberg transitioned to the D.C. U.S. Attorney's Office, focusing on violent crimes and narcotics trafficking. He highlights the challenges of working in a federal jurisdiction, emphasizing the need for meticulous case investigations and the high-pressure environment of the D.C. Superior Court.

• Notable Quote:

  "The investigation was like building the plane while it was flying. We were trying to figure out how to do this logistically and make sure it was done wisely and with efficient resources." ([24:08])

4. Investigating the January 6 Attack

Rosenberg provides an in-depth look into the government's response to the January 6, 2021, Capitol attack. He outlines the immediate steps taken to coordinate a robust prosecutorial response, ensuring a fair and thorough investigation. The creation of the Capital Siege Section underscores the unprecedented nature of the event and the necessity for specialized focus.

• Notable Quote:

  "Nobody watched what happened at the US Capitol, just ignoring individual defendants... The question was, how are we going to investigate this and do so in a fair and thorough manner?" ([01:28])

5. Handling Massive Influx of Cases

The January 6 attack resulted in thousands of prosecutions, overwhelming existing resources. Rosenberg describes the "all hands on deck" approach initially taken, followed by the solicitation of deputies from across the nation to assist. This collaborative effort was critical in managing the extensive caseload without compromising other ongoing prosecutions.

• Notable Quote:

  "It was like building the plane while it was flying. We were trying to figure out how to do this logistically and make sure it was done wisely and with efficient resources." ([24:08])

6. Evidence Management and Discovery

A significant challenge was managing the vast amounts of video and digital evidence. Rosenberg emphasizes the importance of accurate identification amidst crowded and masked crowds, ensuring that prosecutions were based on incontrovertible evidence. The office implemented an intricate discovery process to make evidence accessible to defense attorneys nationwide, maintaining transparency and adherence to legal standards.

• Notable Quote:

  "The quantum of evidence that we saw in the aftermath of... January 6th... The actual evidence just wasn't the same." ([14:44])

7. Legal and Statutory Challenges

Rosenberg addresses the complexities of applying existing statutes to the unprecedented events of January 6. He discusses the prosecution of defendants under 18 U.S. Code § 1512 and the subsequent Supreme Court decision in Fisher v. United States, which narrowed the statute's application. Despite the setback, Rosenberg defends the prosecution's efforts, emphasizing adherence to the rule of law and the integrity of the legal process.

• Notable Quote:

  "We wanted to make sure we got it right. We wanted to use it carefully. For those detractors who said this is a novel use of the statute, I think that would be largely fair to say." ([41:29])

8. Leadership and Institutional Response

The episode touches on the leadership transitions within the D.C. U.S. Attorney's Office, highlighting the challenges and expectations placed on new leaders like Jeanine Pirro. Rosenberg praises the office's commitment to impartiality and the safety of the community, regardless of political pressures.

• Notable Quote:

  "There is nothing that I can say that Ed Martin has not already publicly shouted from the rooftops that people can judge his leadership on." ([54:32])

9. Personal Reflections and Notable Cases

Rosenberg shares poignant memories from January 6, including the traumatic experiences of law enforcement officers and the chaos within the Capitol. He underscores the human cost of the event and the lasting emotional impact on those involved.

• Notable Quote:

  "I won't get out of my head the Officer Fanon, being dragged out and tased... It's still very chilling." ([46:50])

10. Future Directions and Career Transition

Concluding the episode, Rosenberg discusses his recent transition from public service to becoming a shareholder at Rogers Joseph O'Donnell, a boutique litigation firm. He expresses optimism about applying his prosecutorial experience to white-collar defense and government contract cases.

• Notable Quote:

  "I'm really looking forward to the next steps." ([56:09])

Conclusion

This episode of The Lawfare Podcast offers a comprehensive examination of the prosecutorial response to the January 6 Capitol attack through the lens of Greg Rosenberg's experiences. It delves into the complexities of handling unprecedented legal challenges, managing vast evidence, and maintaining integrity within the justice system. Rosenberg's insights provide valuable lessons on crisis management, legal rigor, and the enduring commitment to upholding the rule of law.