The development is a signal of the cautious approach of the Justice Department under now-Attorney General Merrick Garland, a former appellate judge, and how he may attempt to steer his agency away from bold political maneuvers that marked the Trump era.

It also sets an early tone in the Capitol riot cases and future media coverage, as a federal judge complained about Sherwin's interview and a New York Times story.

"Rules and procedures were not complied with" when Sherwin did the interview, said John Crabb Jr., a leading criminal prosecutor for the US Attorney's Office in DC.

In court on Tuesday, DC District Judge Amit Mehta strongly warned the Justice Department and defense attorneys for 10 defendants in the Oath Keepers conspiracy Capitol riot case not to talk to the media.