DOJ moves to dismiss Jan. 6 convictions against former Proud Boys and Oath Keepers, including seditious conspiracy charges
The Justice Department on Tuesday asked a federal appeals court to throw out the convictions of several Jan. 6 defendants, including members of the Oath Keepers and Proud Boys, most of whom had been found guilty of seditious conspiracy. Prosecutors said continuing to pursue these cases is not in the interests of justice.
The move goes beyond the Jan. 20, 2025 proclamation by President Trump, which commuted the defendants’ sentences to time served and led to their release but left their convictions in place. By seeking to vacate those convictions, the government is asking the court to set aside the guilty verdicts entirely. It also asked to dismiss the indictments with prejudice, meaning the charges could not be brought again.
At least eight primary defendants were named in two similar filings. Among them is Oath Keepers founder Stewart Rhodes, who was sentenced to 18 years for plotting to oppose by force the transfer of presidential power after the 2020 election, along with Kelly Meggs, Kenneth Harrelson, and Jessica Watkins.
Also named are Proud Boys members Ethan Nordean, who received 18 years, along with Joseph Biggs and Zachary Rehl. The department is also seeking to vacate the conviction of Dominic Pezzola, who was sentenced to 10 years after being filmed smashing a Capitol window with a riot shield, and said similar motions are being filed in related cases.
If granted, the requests would not only keep the defendants out of prison but also erase the legal findings of guilt and permanently close the cases. More than 1,500 people were arrested in connection with the Jan. 6, 2021 breach.
