A U.S. magistrate judge castigated federal prosecutors on Tuesday for providing an “unsatisfactory” response to the judge’s questions on whether a right-wing internet host charged in the Jan. 6 Capitol riot was a member of the news media.

Judge Zia Faruqui said in an order that officials in the U.S. Attorney’s Office for the District of Columbia had refused to state in their pleadings or put on the record how they determined Owen Shroyer, an online host for the Infowars website, was not acting as a reporter on Jan. 6.