conspiracy

Justice Department moves to toss seditious conspiracy convictions of Oath Keepers and Proud Boys

The Justice Department on Tuesday asked a federal appeals court to throw out the seditious conspiracy convictions of Proud Boys and Oath Keepers leaders who were sentenced to prison terms for leading members of the far-right extremist groups in attacking the U.S. Capitol to keep President Trump in the White House more than five years ago.

Trump commuted the prison sentences of several Proud Boys and Oath Keepers leaders in January 2025 in a sweeping act of clemency for all 1,500-plus defendants charged in the Jan. 6, 2021, attack.

The request by the Justice Department would go a step further and erase the convictions for the extremist group leaders, including Oath Keepers founder Stewart Rhodes.

In court filings, prosecutors asked the U.S. Court of Appeals for the District of Columbia Circuit to vacate the convictions so that the government can permanently dismiss the indictments.

“The government’s motion to vacate in this case is consistent with its practice of moving the Supreme Court to vacate convictions in cases where the government has decided in its prosecutorial discretion that dismissal of a criminal case is in the interests of justice — motions that the Supreme Court routinely grants,” prosecutors wrote in a court filing signed by U.S. Atty. Jeanine Pirro.

Juries in Washington convicted the Proud Boys and Oath Keepers leaders of orchestrating violent plots to stop the peaceful transfer of power after Trump’s 2020 election loss to Democratic President Biden.

Kunzelman and Richer write for the Associated Press.

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Justice Department subpoenas Comey in Trump conspiracy probe

The Justice Department sent a subpoena to former FBI Director James Comey as part of an investigation into whether former law enforcement and intelligence officials waged a years-long conspiracy against President Trump, according to people familiar with the matter.

The grand jury subpoena was issued last week by the U.S. attorney’s office for the Southern District of Florida, according to the people, who asked not to be identified speaking about an ongoing investigation.

The subpoena seeks information about Comey’s role in putting together an intelligence assessment about Russia’s interference in the 2016 presidential election, according to the people.

The U.S. attorney’s office has previously sent subpoenas to other former U.S. officials. The office is conducting a sweeping investigation into whether former U.S. officials allegedly took actions to sabotage Trump starting in 2016 through his indictment over the handling of classified documents in 2023.

The new subpoena, reported earlier by Axios, marks an escalation of Justice Department efforts targeting Comey in particular, who Trump has repeatedly said should be investigated.

Comey was previously indicted by a grand jury at the request of the U.S. attorney for the Eastern District of Virginia for allegedly lying to senators during a congressional hearing — a claim that Comey has denied. The indictment was dismissed after a federal judge ruled that the U.S. attorney was unlawfully appointed. The Justice Department is appealing the ruling.

A lawyer for Comey declined to comment Thursday. The U.S. attorney’s office in Miami didn’t immediately respond to a request for comment.

Trump and Comey have had a contentious relationship. Trump fired Comey as FBI director in 2017 during his first term as president. Since then, Comey and Trump have publicly criticized each other.

Strohm writes for Bloomberg News.

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