Justice Department Moves to Vacate Seditious Conspiracy Convictions for January 6 Defendants

The U.S. Department of Justice has filed court motions to vacate the seditious conspiracy convictions of members of the Proud Boys and Oath Keepers groups related to the January 6, 2021, attack on the U.S. Capitol. The defendants had previously received commutations from former President Donald Trump, which led to their release from prison, but their felony convictions remained on their records. If approved by federal courts, the action would erase those convictions and restore the defendants' right to own firearms.

The Legal Action

The Department of Justice filed the motions in federal court, stating the decision was made "in the interests of justice."

The motions target convictions secured during the Biden administration. Prosecutors at that time used the rarely charged crime of seditious conspiracy, arguing the Capitol attack represented a historic threat to democracy. Judges and juries in those trials largely agreed with the prosecution's characterization of the defendants' actions.

Background on the Convictions

The convictions stem from the defendants' roles in the January 6, 2021, breach of the U.S. Capitol. An estimated 140 police officers were injured during the attack.

High-profile defendants included Oath Keepers founder Stewart Rhodes, who was sentenced to 18 years in prison. During sentencing, the judge described Rhodes as "an ongoing threat and peril to this country."

After returning to office, President Trump granted commutations to about a dozen of these defendants, leading to their release, though their convictions remained.

Statements and Reactions

From Administration Officials:

Acting Attorney General Todd Blanche has previously described the mass pardons of January 6 defendants as one of the administration's achievements.

U.S. Pardon Attorney Ed Martin called the move to vacate convictions a triumph on social media, writing that affected individuals "feel respected even loved" but "deserve more." Martin has previously called for former defendants to receive financial restitution.

From a Former Prosecutor:

Greg Rosen, former head of the "Capitol Siege" prosecution unit, criticized the move. He stated, "This isn't about fairness or justice. It's about overriding the considered will and judgments of judges and juries and rewarding individuals solely because of their political alignments with an administration."

From Defendants:

Zachary Rehl, a Proud Boy member previously sentenced to 15 years, wrote on social media, "I am beyond thrilled right now."

From Former President Trump:

Donald Trump has previously referred to January 6 as a "day of love" and described some participants as "great people." He has stated, "I pardoned people that were assaulted themselves. They were assaulted by our government. They didn't assault. They were assaulted."

Additional Context

• Dozens of individuals who received pardons or commutations for January 6-related offenses have since been charged with or convicted of other, unrelated crimes.
• On the same day the motions to vacate the seditious conspiracy convictions were filed, the Justice Department also filed documents in a separate, ongoing case against David Daniel. Daniel was convicted for assaulting police on January 6 and faces separate allegations of child sexual abuse.