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Judge Dismisses Seditious Conspiracy Convictions Against Proud Boys Leaders; Oath Keepers Cases Remain Under Review

The Justice Department's similar request to dismiss convictions against Oath Keepers leaders remains pending before a separate judge.

Tommy FlynnTommy Flynn
A black wooden gavel rests on its block atop a judge’s bench in an empty courtroom.
A black wooden gavel rests on its block atop a judge’s bench in an empty courtroom. Credit: Photo: Shopify Partners / Burst

U.S. District Judge Timothy Kelly agreed Friday to dismiss the seditious conspiracy convictions of four Proud Boys leaders tied to the January 6, 2021, Capitol events, granting the Justice Department's motion with prejudice. The ruling ends the cases against Ethan Nordean, Joseph Biggs, Zachary Rehl, and Dominic Pezzola, preventing any future prosecution on those charges. Kelly, who oversaw their six-month trial that resulted in 2023 convictions, emphasized separation of powers principles in his decision, stating that the court must grant the motion in full without implying agreement with the underlying prosecutorial choices.

The Justice Department had requested the dismissals in April, asking the U.S. Court of Appeals for the D.C. Circuit to vacate the convictions. An appeals court panel approved the move in May before returning the matter to the district court. Kelly's order aligns with the department's position that the charges should not stand. The four men had faced significant prison sentences following their convictions for seditious conspiracy and related offenses, including allegations of planning and coordinating actions during the Capitol breach. Pezzola was specifically convicted of assaulting an officer and breaking a Capitol window, which prosecutors described as creating an initial entry point for others.

This development follows President Donald Trump's commutation of sentences for more than 1,500 individuals charged in connection with January 6, including Proud Boys and Oath Keepers leaders. The Justice Department's action goes further than commutations by seeking to erase the convictions entirely. Supporters of the dismissals have framed them as a necessary correction to what they describe as overzealous or politically motivated prosecutions from prior administrations. The cases involved complex evidence of group coordination, with prosecutors arguing the defendants sought to oppose the lawful transfer of presidential power through force.

In contrast, the Justice Department's similar request to dismiss seditious conspiracy convictions against Oath Keepers leaders remains pending before a separate judge. That group, led by Stewart Rhodes, also faced high-profile trials and convictions for alleged roles in the January 6 events. The differing timelines reflect distinct judicial assignments and ongoing review processes in the two matters. Rhodes and other Oath Keepers members had received lengthy sentences based on findings of conspiracy to use force against government functions.

The Proud Boys dismissals mark a significant step in the reevaluation of January 6-related cases under the current Justice Department leadership. With prejudice attached to the dismissals, the charges cannot be refiled by future administrations. The ruling underscores the executive branch's broad discretion in pursuing or abandoning prosecutions, a principle Kelly cited as binding on the court despite his noted reservations about the events of January 6. The department has not publicly detailed the full rationale for targeting these specific convictions for dismissal beyond the broader policy shift.

Critics of the moves have expressed concern that vacating the convictions undermines accountability for actions that disrupted congressional proceedings and endangered public officials. However, the Justice Department's position prioritizes a reassessment of the legal theories applied in these cases, particularly seditious conspiracy charges that carried substantial penalties. The Proud Boys leaders, who celebrated the outcome as full vindication, had long maintained their innocence and argued the prosecutions were selective.

As the Oath Keepers cases continue under separate consideration, further developments could clarify the scope of dismissals across January 6 matters. The actions represent a departure from earlier prosecutorial approaches and align with efforts to address what the current administration views as imbalances in the handling of these events. Judge Kelly's order closes one chapter in the Proud Boys litigation while leaving parallel questions open in the Oath Keepers proceedings.

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