DOJ Moves to Toss Seditious Conspiracy Convictions of Jan. 6 Defendants

The Justice Department on Tuesday asked federal courts to vacate convictions against a dozen former members of the right-wing Proud Boys and Oath Keepers, most of whom were convicted of seditious conspiracy for their roles in the Jan. 6 Capitol riot.

According to multiple reports, these individuals had their prison sentences commuted by President Trump last year but retained their convictions. The DOJ's move aims to wipe away some of the final standing charges from the Capitol riot. Among those affected are Stewart Rhodes, founder of the Oath Keepers, and Ethan Nordean, a leader of the Proud Boys.

The DOJ filed motions in three separate cases where the defendants had appealed their convictions, asking federal appeals panels to vacate lower court judgments with prejudice. This means the cases could not be brought again. The filings were signed by U.S. Attorney Jeanine Pirro and argue that continuing these prosecutions is not in the interests of justice.

The move represents a significant reversal from the Biden administration, which previously hailed the guilty verdicts as crucial victories in holding accountable those responsible for what prosecutors described as an attack on American democracy. The DOJ's request includes convictions of Oath Keepers members Kelly Meggs, Kenneth Harrelson, and Jessica Watkins, as well as Proud Boys members Joseph Biggs, Zachary Rehl, and Dominic Pezzola.

The filings follow a presidential proclamation on Jan. 20, 2025, when President Donald Trump commuted the prison sentences of the defendants to 'time served,' allowing them to be released without serving additional time. The DOJ is also seeking to vacate the conviction of Proud Boys member Dominic Pezzola, who was caught on camera smashing a Capitol window with a riot shield and sentenced to 10 years in prison.

The move represents the latest effort by the Trump administration to absolve January 6 rioters. The filing would erase the convictions from their records, marking a stark contrast to the Biden administration's previous stance on these cases. Over 100 law enforcement officers were injured during the attack, and four officers who responded later died by suicide.

The defendants celebrated the news, with Zachary Rehl posting on X that 'this chapter is finally over' and Kelly Meggs expressing relief that their nightmare may be coming to an end. Nordean's attorney, Nicholas Smith, said they are grateful to the Justice Department for its 'wise decision' in seeking dismissal of the convictions.