The Justice Department on Tuesday filed motions with a federal court seeking to vacate convictions against 12 former members of the Proud Boys and Oath Keepers, many of whom had been sentenced for seditious conspiracy related to the January 6 Capitol attack. The move aims to dismiss some of the remaining high-profile charges from the investigation into the 2021 riot.
The group includes Stewart Rhodes, founder of the Oath Keepers, who was sentenced to 18 years in prison for leading efforts to oppose the lawful transfer of presidential power after the 2020 election. Prosecutors stated that Rhodes coordinated the group’s activities during the Capitol breach.
Among the former Proud Boys are Ethan Nordean, sentenced to 18 years, and Joseph Biggs and Zachary Rehl, all convicted of seditious conspiracy. Dominic Pezzola, also included in the Justice Department’s filing, was convicted of multiple charges, including assault and property destruction, notably after video footage showed him breaking a Capitol window with a riot shield.
The department emphasized that Nordean and Pezzola participated in key breaches of the Capitol that involved dismantling barricades, entering the building unlawfully, assaulting police officers, and causing property damage.
These motions seek to vacate lower court judgments with prejudice in three appeal cases involving the defendants, effectively barring retrial. The U.S. Attorney’s Office in the District of Columbia, led by Jeanine Pirro, stated that continuing prosecutors of these cases is not in the interests of justice and noted no opposition from defense attorneys to the dismissal requests.
Why it matters
This development represents a significant shift in the aftermath of the largest investigation in the Justice Department’s history, involving over 1,500 arrests linked to the Capitol riot. While many defendants have already served sentences or had their punishment commuted, these motions seek to erase some of the most consequential convictions still active, highlighting ongoing political and legal debates surrounding accountability for January 6.
Background
President Donald Trump pardoned most individuals convicted in connection with the January 6 riot soon after returning to office, but some including the 12 cited in the current filings only had their sentences commuted, leaving their convictions intact. Thomas Caldwell, who assisted the Oath Keepers and was acquitted of seditious conspiracy but convicted of other charges, received a full pardon in March 2025.
Legal efforts to secure full pardons for remaining defendants have continued, with lawyers linked to Trump requesting clemency for those not originally pardoned. The January 6 investigation led to numerous convictions ranging from trespassing to violent crimes against law enforcement, marking an unprecedented federal judicial response to a domestic insurrection.
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