DOJ Moves to Vacate Seditious Conspiracy Convictions for Jan. 6 Defendants

The Justice Department has filed motions to vacate seditious conspiracy convictions for leaders of the Proud Boys and Oath Keepers involved in the January 6 Capitol riot, according to multiple reports. The request affects a dozen defendants whose prison sentences were commuted by President Trump last year but retained their convictions.

The DOJ filed motions on Tuesday asking federal appeals panels to vacate lower court judgments with prejudice, meaning these cases could not be brought again. Among those affected are Stewart Rhodes, founder of the Oath Keepers, and Ethan Nordean, a leader of the Proud Boys. The filings were signed by U.S. Attorney Jeanine Pirro.

The move represents a significant reversal from the Biden administration's stance on Jan. 6 prosecutions. President Trump commuted the prison sentences of these defendants to 'time served' last January, allowing them to be released without serving additional time. The DOJ is also seeking to vacate the conviction of Proud Boys member Dominic Pezzola.

The defendants celebrated the news, with Zachary Rehl posting on X that 'this chapter is finally over.' Kelly Meggs expressed 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.

The Trump administration described the decision in court filings as 'in the interests of justice.' Ed Martin, who has held multiple roles in the Trump Justice Department and currently serves as the U.S. Pardon Attorney, cast the move as a triumph and called for further action. The decision illustrates both the dramatic extent of changes at the Department of Justice in Trump's second term as well as the stunning reversal of fortunes for the Jan. 6 defendants convicted of some of the most serious crimes that day.

For people who defended the U.S. Capitol from a mob of Donald Trump’s supporters on Jan. 6, 2021, the Justice Department’s attempt to wipe away convictions for Oath Keepers and Proud Boys is seen as a damning indictment of institutional decline. Former U.S. Capitol Police Officer Harry Dunn called it 'bullshit,' while former Sergeant Aquilino Gonell criticized Trump's continued assault on the truth.

Julie Farnam, who served as assistant director of intelligence for the U.S. Capitol Police during Jan. 6, warned that this move could lead to an erosion of laws and encourage politically motivated violence. She noted a significant increase in threats against Congress members and the Capitol building, with numbers rising from roughly 9,400 in 2024 to nearly 15,000 in 2025.

The Justice Department's actions come just before scheduled court hearings where the Proud Boys were set to appeal their charges. The DOJ's decision allows them to avoid addressing these appeals, which some critics argue is a way for the department to 'save face' and avoid potentially lying under oath about Donald Trump.