The Justice Department moved Tuesday to vacate the seditious conspiracy convictions of former Proud Boys leaders who led hundreds of supporters to the U.S. Capitol on Jan. 6.
In a consolidated appeal before the U.S. Court of Appeals for the D.C. Circuit, the DOJ asked judges to wipe out the convictions of former Proud Boys leaders Ethan Nordean, Joseph Biggs, Zachary Rehl and Dominic Pezzola and send the case back to the trial court so prosecutors can formally move to dismiss the indictment with prejudice. Federal prosecutors argued that vacating the convictions would allow the DOJ to exercise its discretion and end the case entirely under Rule 48(a) of the Federal Rules of Criminal Procedure.
They told the court that dismissal serves the interests of justice and aligns with the executive branch’s current position on the prosecutions. The filing comes after President Donald Trump commuted the defendants’ sentences on Jan. 20, 2025, reducing their punishment to time served but stopping short of issuing full pardons. That decision left their convictions intact even as it cleared the defendants from prison.
The DOJ is seeking to go a step further by eliminating the convictions themselves. Prosecutors told the court that the government no longer considers continued prosecution appropriate, citing a broader reassessment of similarly situated cases tied to the Jan. 6 Capitol attack.
The motion covers a group of defendants whose cases were previously among the most serious Jan. 6 prosecutions, including charges that alleged coordinated efforts to obstruct the transfer of presidential power. The government’s filing notes that defense attorneys and one self-represented defendant do not oppose the request.
Prosecutors also pointed to Supreme Court and appellate precedent that they say supports appellate courts vacating convictions when the government seeks dismissal in the interest of justice. They said the request is consistent with long-standing prosecutorial authority to determine whether continued litigation serves the public interest.
Following the Jan. 6 riot at the U.S. Capitol, the Proud Boys were officially designated as a terrorist organization by Canada after senior officials said the group posed a serious security threat. The designation allows Canadian authorities to freeze assets linked to the group, restrict financial services, and bar members from entering the country.
(Featured Image Media Credit: ajay_suresh/Creative Commons/Flickr)
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