Biden DOJ prosecutors discussed targeting nuns from Jan. 6 rally in texts. Senate Judiciary probes alleged bias against religious groups.
Newsroom (05/05/2026 Gaudium Press ) Text messages released by the Senate Judiciary Committee have brought renewed scrutiny to the Justice Department under former President Joe Biden‘s administration, revealing that two federal prosecutors discussed desires to prosecute Catholic nuns who attended the January 6, 2021, rally preceding the Capitol attack.
The communications, exchanged between prosecutors Joseph Cooney and Molly Gaston on government-issued devices, show discussions about targeting women wearing traditional religious habits at the “Stop the Steal” rally on the National Mall. Both prosecutors played significant roles in the Trump prosecution during the Biden administration and have since been dismissed following Trump’s return to the presidency.
The text exchange, first reported by The Daily Wire and subsequently provided to the Senate Judiciary Committee, demonstrates a tone of levity regarding the potential prosecution of women who, according to photographs published by The New York Times, were standing near the stage for the rally without appearing to breach restricted areas or enter the Capitol building.
The Text Exchange
Gaston, who served as a lead prosecutor in special counsel Jack Smith’s investigation into alleged efforts to overturn the 2020 election, initially noticed a photograph published by The New York Times from Trump’s rally. In her message, Gaston wrote: “I just noticed for the first time the nuns near the oathkeepers in one of the NYT photographs.”
Cooney, who worked in the Justice Department’s Public Integrity Section, responded affirmatively to Gaston’s subsequent statement that she would “like to take a special assignment of finding and prosecuting them.” Cooney replied, “I’m with you” and added a personal comment about prosecuting “any nun who still wears the head habit.”
The exchange concluded with Gaston’s response of “hahaha,” suggesting an informal, joking tone to the discussion. The photographs cited in the messages depict three women wearing traditional religious habits standing on the National Mall but do not show any attempt to breach restricted areas or enter the Capitol building.
Religious Context and Freedom of Conscience
The discussion of prosecuting women for wearing traditional habits has particular significance given the religious and symbolic meaning of such attire within Catholic communities. Many Catholic orders maintain that the religious habit serves as a powerful spiritual symbol beyond its practical function.
The Carmelite Sisters of the Most Sacred Heart of Los Angeles describe the habit as “economical, simple, modest, and above all a sign, a symbol, of God and his love for each of us.” The sisters’ website further explains that the visible habit “says, ‘Look up; for greater things you were born,'” and serves as “a symbol, a reminder, of God’s presence in our world.”
Similarly, the Dominican Sisters of Mary Immaculate Province describe their habit as “a sign of our consecration to God and witness to poverty,” with specific symbolic meaning in each component of their dress. The visible nature of the habit makes these women identifiable in crowds, but the women photographed at the rally were not engaged in illegal activity at the time they were documented.
While nearly all Catholic sisters and nuns wore habits prior to the Second Vatican Council, the practice varies among religious communities today, often depending on individual choice or community tradition.
Congressional Response
Senate Judiciary Committee Chair Chuck Grassley, R-Iowa, expressed strong opposition to the prosecutors’ communications. In a statement provided to EWTN News, Grassley stated: “Freedom of religion is a cherished First Amendment right enshrined in our Constitution by the Founding Fathers.”
“I was appalled, but sadly not surprised, to discover evidence of Biden DOJ prosecutors threatening to use the power of the federal justice system to target people of faith,” Grassley continued. “Time and again, my oversight has shown the Biden Justice Department, including these prosecutors who went on to advance Jack Smith’s Arctic Frost investigation, showed total disdain for equal justice.”
The messages were provided to Grassley’s office by the Justice Department in connection with a broader Senate Judiciary Committee investigation into federal prosecution efforts against President Trump during Biden’s presidency.
Broader Context of Jan. 6 Prosecutions
Nearly 1,600 individuals have been prosecuted in cases related to the January 6 Capitol breach, facing charges ranging from unlawful entry and assault to property destruction, obstruction of an official proceeding, and conspiracy. President Trump has since granted clemency to approximately 1,500 of those convicted.
Despite the prosecutors’ expressed interest in targeting the nuns, there is no evidence that the women photographed at the rally faced prosecution. The women appear to be associated with a convent that is not in communion with the Roman Catholic Church and does not have canonical standing with the Diocese of Lansing, Michigan, where they are located.
Other Relevant Discussions in Messages
The released text exchanges also reveal other religious discussions between the prosecutors. Gaston referenced concerns about calls for priests to deny Communion to President Biden, characterizing such appeals as evidence that “people are insane.” The two also discussed COVID-era restrictions on Mass attendance, with Gaston noting she had been “really bad about [tuning into] video Mass” and Cooney agreeing that “video Mass is really hard.”
Religious Liberty Concerns
The text messages come amid broader concerns about religious liberty protections during the Biden administration. In April 2025, the Trump administration’s Department of Justice released a comprehensive report on alleged anti-Christian bias within the federal government during Biden’s presidency.
The report, titled “Eradicating Anti-Christian Bias within the Federal Government,” was issued by the Task Force to Eradicate Anti-Christian Bias, which President Trump established in February 2025. The document outlines various Biden-era regulations and policies that the Trump administration contends limited religious freedom protections, particularly regarding abortion, contraception, gender identity policies, and other matters of conscience.
The report details instances where religious institutions faced federal requirements that conflicted with their faith-based teachings. One notable example involved the University of Vermont Medical Center, which the report indicates “coerced a Christian nurse into participating in an abortion despite her religious objections.” Another example cited the Biden administration’s interpretation of the Pregnant Workers Fairness Act to force employers to accommodate an employee’s abortion “regardless of whether doing so would conflict with an employer’s religious rights.”
Precedent: Religious Groups Facing Federal Challenges
The attempted targeting of the nuns is not the first instance of religious groups facing federal encroachment in recent years. The Little Sisters of the Poor secured a significant victory at the U.S. Supreme Court in 2020 following a nine-year legal battle against federal mandates requiring contraception coverage in their insurance plans under the Affordable Care Act. However, the sisters continue to fight federal contraception rules in court.
Similarly, the Dominican Sisters of Hawthorne in New York, who provide care to terminally ill individuals, faced a warning from the state Department of Health for “refusing to assign a room to a resident other than in accordance with the resident’s gender identity.” The sisters are also pursuing litigation against these requirements.
Professional Background of Prosecutors
Cooney and Gaston are career prosecutors rather than political appointees, having served in the Justice Department before their dismissal following Trump’s inauguration in January 2025. Cooney is currently running for Congress in Virginia, while both prosecutors are now legal partners at Gaston & Cooney PLLC.
Conclusion
The released text messages provide a rare glimpse into informal communications among prosecutors during the Biden administration’s investigation into the January 6 Capitol breach. The casual discussion of prosecuting women for wearing religious habits raises questions about potential bias against people of faith within the federal prosecutorial system and adds to broader concerns about religious liberty protections that the Trump administration has pledged to address.
The incident underscores ongoing tensions between federal enforcement authority and First Amendment protections for religious expression and conscience, particularly as religious liberty debates continue to shape policy discussions across multiple government agencies.
- Raju Hasmukh with files from EWTN News, The Daily Wire, and The New York Times. Senate Judiciary Committee materials provided by the office of Senator Chuck Grassley (R-Iowa).
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