A federal judge has granted the Department of Justice's request to vacate the seditious conspiracy convictions of Proud Boys members, resulting in the dismissal of serious criminal charges related to the January 6, 2021, Capitol riot. U.S. District Judge Timothy Kelly dismissed the indictment against former Proud Boys Ethan Nordean, Joseph Biggs, Zachary Rehl, and Dominic Pezzola, effectively closing a case that had produced significant convictions from the Capitol riot.
The ruling follows actions by the Trump administration, including the commutation of sentences for Nordean, Biggs, Rehl, and Pezzola, and a full pardon for former Proud Boys chairman Enrique Tarrio. In April, the Justice Department requested the U.S. Court of Appeals for the District of Columbia to vacate the convictions and remand the case for dismissal, which the appeals court approved in May.
In his opinion, Judge Kelly stated that the executive branch holds broad constitutional authority over charging decisions, necessitating the court's approval of the government's unopposed motion. The dismissal with prejudice prevents the federal government from bringing the same charges against the defendants in the future.
Kelly clarified that the court's decision should not be interpreted as an endorsement of the administration's approach to the January 6 prosecutions. He noted that the reasons behind the government's motion to dismiss the case are well understood, referencing President Trump's known views on the prosecution of individuals involved in the Capitol attack. Additionally, Kelly emphasized the seriousness of the January 6 events, describing them as an attack on the constitutional process of transferring power between presidents.
Nordean, Biggs, and Rehl were convicted in 2023 of seditious conspiracy and other felonies related to the attack, while Pezzola was acquitted of seditious conspiracy but convicted of other felonies, including assaulting police officers and damaging government property.