Justice Department Seeks to Overturn Proud Boys Convictions Linked to Capitol Riot

The US Justice Department has asked a federal appeals court to dismiss convictions against 12 former members of the far-right groups Proud Boys and Oath Keepers for their roles in the January 6 United States Capitol attack, including several who had been found guilty of seditious conspiracy.

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The request, filed on Tuesday, targets some of the last remaining criminal cases tied to the assault on the US Capitol in 2021. If granted, the move would erase convictions that had remained in place even after clemency actions taken by President Donald Trump.

Shortly after returning to office last year, Trump issued pardons for most people convicted in connection with the riot. However, 14 individuals had their prison sentences commuted rather than fully pardoned, allowing them to leave prison while leaving their convictions intact. Twelve of those individuals are included in the Justice Department’s latest filings.

High-profile defendants among those affected

Among those whose convictions prosecutors are seeking to vacate is Stewart Rhodes, the founder of the Oath Keepers and one of the most prominent defendants linked to the attack.

Rhodes was sentenced to 18 years in prison after being convicted of seditious conspiracy and related offences. Prosecutors previously argued that Rhodes and other members of the group began planning to oppose by force the transfer of presidential power after Trump lost the 2020 election.

On the day of the riot, the Justice Department said Rhodes coordinated activities while a group of Oath Keepers moved toward the Capitol building.

Also included in the filings are four members of the Proud Boys who had been convicted for their involvement in the attack. They include Ethan Nordean, a leader within the group who was sentenced to 18 years in prison after being found guilty of seditious conspiracy alongside Joseph Biggs and Zachary Rehl.

Another Proud Boys member, Dominic Pezzola, was also named in the motion. Video footage from the day showed Pezzola smashing a Capitol window with a riot shield, making him one of the more widely recognised participants in the breach.

Pezzola had been convicted of multiple offences including assaulting or resisting police officers, robbery involving government property and obstruction of an official proceeding.

Prosecutors cite “interests of justice”

The Justice Department submitted the requests in three separate appeals cases, asking the courts to vacate the lower court rulings with prejudice, meaning the charges could not be brought again.

In court filings, federal prosecutors from the United States Department of Justice said continuing the cases was no longer considered appropriate.

“In the Executive Branch’s view, it is not in the interests of justice to continue to prosecute this case or the cases of other, similarly situated defendants,” prosecutors wrote in one motion.

The filing was signed by Jeanine Pirro, the US Attorney for the District of Columbia. Her office declined to comment on the motions, and the Justice Department did not immediately respond to requests for further explanation.

Some cases not included

Two individuals connected to earlier prosecutions were not part of Tuesday’s filings.

Thomas Caldwell, who was accused of assisting the Oath Keepers but acquitted of seditious conspiracy, had been convicted on other charges and was later pardoned by Trump in March 2025.

Another former Proud Boys leader, Jeremy Bertino, pleaded guilty to seditious conspiracy in 2022 and was not included in the Justice Department’s request.

The latest motions follow lobbying efforts by Trump-allied lawyer Peter Ticktin, who last year urged senior officials to grant full pardons to the remaining defendants whose sentences had only been commuted.

Closing stages of a historic investigation

The filings represent an effort to dismantle some of the final elements of the Justice Department’s investigation into the Capitol attack, which became the largest criminal inquiry in the department’s history.

More than 1,500 people were arrested in connection with the riot. Many faced charges ranging from trespassing to assaulting police officers.

Over 700 defendants either completed their sentences or did not receive prison terms. Prosecutors also accused more than 170 people of using dangerous weapons against officers, including items such as fire extinguishers and bear spray.

Trump has repeatedly criticised the prosecutions, describing those charged in the attack as “hostages” and arguing they were treated unfairly while in custody. He has also characterised the events of 6 January as largely peaceful and linked them to his claims of election fraud following the 2020 vote.

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Adapted by ASEAN Now. Source 15 April 2026