DOJ seeks to vacate Jan 6 convictions in sweeping move tied to Trump order

The Justice Department took significant action on Tuesday by filing motions aimed at overturning the convictions of several prominent individuals connected to the January 6 Capitol incident.

These legal requests, directed to the Court of Appeals, focus on nullifying criminal verdicts against certain members of the Oath Keepers and Proud Boys groups. Many of these individuals faced charges of seditious conspiracy.

Federal prosecutors from the U.S. Attorney’s Office in Washington, D.C., explained in one of their submissions that, in their view, continuing the prosecution of these cases does not serve the interests of justice.

This development comes in the wake of a presidential announcement on January 20, 2025. On that date, President Donald Trump commuted the sentences of these individuals to “time served,” effectively freeing them without additional incarceration.

people climb capitol wall

Supporters of Trump scale the western facade of the U.S. Capitol in Washington on January 6, 2021. (AP Photo/Jose Luis Magana, File)

The filings from Tuesday also include a request to dismiss the indictments “with prejudice.” If granted, this would mean the charges are permanently dropped, preventing the government from pursuing them again.

At least eight primary defendants were named in two similar appeals filed Tuesday.  

A major high-profile defendant referenced in the filings is Oath Keepers founder Stewart Rhodes, whom prosecutors previously said plotted to “oppose by force the lawful transfer of presidential power” when Trump lost the 2020 election. Rhodes was sentenced to 18 years in prison for seditious conspiracy and other charges.

Stewart Rhodes outside White House

Stewart Rhodes, founder of the Oath Keepers, speaks during a rally outside the White House in Washington, June 25, 2017. (AP Photo/Susan Walsh, File)

Other mentioned Oath Keepers members include Kelly Meggs, the leader of the Florida chapter of the organization, as well as Kenneth Harrelson and Jessica Watkins.

Among the Proud Boys members mentioned, Ethan Nordean, one of the group’s leaders, was sentenced to 18 years in prison after being convicted of seditious conspiracy alongside Joseph Biggs and Zachary Rehl, who are also named.

The Justice Department 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. He was sentenced to 10 years in prison.

Tarrio, Rhodes, Biggs and Rehl at the U.S. Capitol in February

From left to right are Stewart Rhodes, former Proud Boys leader Enrique Tarrio, Joseph Biggs and Zachary Rehl at the U.S. Capitol in Washington, Friday, Feb. 21, 2025. (Sarah L. Voisin/The Washington Post via Getty Images)

Officials noted that they are also filing similar motions for other related defendants in related cases.

Hours after returning to office in January, Trump either pardoned or commuted the sentences of nearly all individuals convicted in connection with the Jan. 6, 2021, Capitol breach. More than 1,500 people were arrested in connection with the protest. 

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