The U.S. Justice Department issued a directive on Thursday requesting federal prosecutors to submit examples of recent criminal cases involving defendants who wore face masks while committing crimes inside federal buildings. The request, outlined in an email obtained by Reuters, did not provide an explanation for the need for this information.
According to the email, sent by Norman Wong, the principal deputy director for the Executive Office for United States Attorneys, the department is seeking examples of cases from the last four fiscal years in which individuals were charged for crimes committed within federal buildings while wearing masks. Notably, the face mask did not need to be a central element of the offense.
The Justice Department has yet to respond to requests for further comment on the matter.
The use of face masks became widespread starting in 2020 when many state and local governments imposed mask mandates to curb the spread of COVID-19. Resistance to these mandates, especially among supporters of then-President Donald Trump, sparked debate.
In 2023, during intense protests on college campuses over the Gaza conflict, some lawmakers accused pro-Palestinian demonstrators of using masks to conceal their identities and engage in violent acts. This led to some local governments revisiting laws that criminalized mask-wearing or implementing new legislation to prohibit masks at protests.
Masks also played a prominent role in protests for racial justice in Portland, Oregon, in 2020. In some states, wearing a mask during the commission of a crime is illegal, as highlighted by the International Center for Not-For-Profit Law’s review of anti-mask statutes.
The Justice Department’s actions come as masks were worn by some of the rioters who stormed the U.S. Capitol on January 6, 2021, in an attempt to disrupt Congress’ certification of President Joe Biden’s election victory over Trump. The department prosecuted approximately 1,600 individuals involved in the Capitol attack, though former President Trump granted clemency to all of them on his first day in office.
Many Trump supporters have criticized the prosecutions as excessive, drawing comparisons to the treatment of protesters in Portland. Although the Justice Department filed charges against some Portland protesters, many cases were later dismissed.
Additionally, Attorney General Pam Bondi announced the formation of a new “weaponization working group” aimed at reviewing accusations of “improper investigative tactics and unethical prosecutions” related to the January 6 events.
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