convictions

April 14 (UPI) — The Justice Department on Tuesday asked a federal court to dismiss the convictions of Proud Boys and Oath Keepers members who were found guilty of leading and organizing the Jan. 6, 2021, riot and attack on the U.S. Capitol.

The request includes 12 former members of the groups, all of whom prosecutors said were ringleaders of the attack. After his return to office in 2025, President Donald Trump pardoned most of those who were convicted for their parts in the riot, a move affecting more than 1,000 people. However, the sentences of some, including these 12, were commuted to time served instead, freeing them from prison though the convictions remained.

The group involved in the Justice Department request on Tuesday includes Stewart Rhodes, a leader of the Oath Keepers who was sentenced to 18 years in prison for seditious conspiracy and other charges. Prosecutors said Rhodes and other Oath Keepers “began plotting to oppose by force the lawful transfer of presidential power” after the 2020 election, CBS News reported.

Others whose sentences were commuted are Proud Boys leaders Ethan Nordean, Zachary Rehl, Dominic Pezzola and Joseph Biggs, who were also convicted of seditious conspiracy for their role.

Appeals involving this group have continued, and the Justice Department requested Tuesday that federal appeals panels vacate the earlier convictions and drop the cases in whole.

“The United States has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice,” wrote Assistant U.S. Attorney Daniel Lenerz in the filing, Politico reported.

Greg Rosen, former chief of the Justice Department’s Capitol Siege Section, criticized the move, CBS News reported.

“It’s a reminder of what drove the pardons in the first place-the political violence is acceptable as long as your politics align,” he told CBS News. “And it’s a continuing and sad commentary on the current state of the department.”

WASHINGTON — 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.