Justice Department Moves to Vacate Seditious Conspiracy Convictions for Proud Boys and Oath Keepers Leaders
The U.S. Department of Justice has filed motions in federal court seeking to vacate the seditious conspiracy convictions of leaders from the Proud Boys and Oath Keepers groups for their roles in the January 6, 2021, attack on the U.S. Capitol. The legal action follows previous commutations and pardons issued by President Donald Trump.
Department of Justice Action
On Tuesday, the Justice Department filed a motion with the U.S. Court of Appeals for the District of Columbia Circuit requesting that the court vacate the seditious conspiracy convictions, which would allow the government to permanently dismiss the indictments.
In the filing, prosecutors stated the motion is "consistent with its practice" of seeking to vacate convictions when the government decides that dismissal is "in the interests of justice."
The filing was signed by U.S. Attorney Jeanine Pirro.
Individuals Affected
The motion applies to convictions for the following individuals who did not receive pardons:
Oath Keepers
- Stewart Rhodes (founder, sentenced to 18 years in prison)
- Kelly Meggs
- Kenneth Harrelson
- Jessica Watkins
Proud Boys
- Ethan Nordean
- Joseph Biggs
- Zachary Rehl
- Dominic Pezzola
Other individuals, including former Proud Boys national chairman Enrique Tarrio and other group members, received pardons from President Trump on January 20, 2025.
Background on Convictions
Juries in Washington, D.C., convicted the defendants of orchestrating plots to stop the transfer of presidential power following the 2020 election. During the Biden administration, prosecutors secured convictions on the rarely used seditious conspiracy charge.
Prosecutors stated during trial that Rhodes and followers stockpiled guns at a Virginia hotel for potential use by "quick reaction force" teams, but noted the weapons were not deployed.
An estimated 140 police officers were injured during the January 6 attack. More than 1,500 individuals were charged in connection with the events.
Prior Clemency Actions
In January 2024, former President Donald Trump commuted the prison sentences of several Proud Boys and Oath Keepers leaders. Following his return to office, Trump granted commutations to about a dozen defendants, releasing them from prison while their felony convictions remained on record.
The current motion to vacate would erase those convictions and restore the defendants' right to own firearms.
Reactions and Statements
From the Administration
- Acting Attorney General Todd Blanche has 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 and wrote that defendants "feel respected even loved." Martin has previously called for former defendants to receive financial restitution.
From Defendants
- Zachary Rehl, a Proud Boy previously sentenced to 15 years, wrote on social media that he is "beyond thrilled."
From Former Prosecutors
- Greg Rosen, former head of the "Capitol Siege" prosecution unit, criticized the move, stating it "overrides the considered will and judgments of judges and juries and rewards individuals solely because of their political alignments with an administration."
From Defense Attorneys
- Nicholas Smith, attorney for Ethan Nordean, stated they are grateful for what he called a "wise decision" by the Justice Department, adding that they do not want a "precedent that says that any physical confrontation between protesters and law enforcement means a crime akin to treason, such as seditious conspiracy."
From Law Enforcement
- Former Metropolitan Police Officer Michael Fanone, who was injured during the January 6 attack, stated:
"I would remind Americans that these were traitors to this country. They planned, incited and carried out an insurrection."
Additional Context
Since receiving presidential pardons or commutations, dozens of former January 6 defendants have been charged with or convicted of additional crimes unrelated to the Capitol attack.
On the same day the motions to vacate the seditious conspiracy cases were filed, the Justice Department also filed documents in a separate ongoing case against David Daniel, who is accused of assaulting police on January 6 and faces separate charges of child sexual abuse.
Separately, the Justice Department under President Trump has removed news releases detailing January 6 prosecutions from its website, including information about defendants convicted of assaulting police officers. The department stated it is reversing what it calls the "weaponization" of the department under the previous administration and removing what it describes as "partisan propaganda."