seditious

WASHINGTON — A federal judge has dismissed the remnants of the government’s landmark case against far-right Proud Boys members who were convicted of seditious conspiracy for plotting to attack the Capitol to keep President Trump in the White House after he lost his reelection bid more than five years ago.

The case’s dismissal late Friday became a foregone conclusion when Trump last year used his pardon powers to erase every case that the government prosecuted after a mob of his supporters stormed the building on Jan. 6, 2021. The judge who presided over the Proud Boys leaders’ trial saw no basis to preserve the convictions after Trump’s sweeping act of clemency last year.

U.S. District Judge Timothy Kelly, whom Trump nominated during his first term, said there is “little mystery” about why the second Trump administration decided to abandon this case and every other Jan. 6 riot case.

“President Trump’s views about the prosecution of those who attacked the U.S. Capitol on January 6 — whether those views are based on fact or fiction — are well known, as is his intention to extend clemency to them,” Kelly wrote.

The judge stressed that his order should not be mistaken as an endorsement of the Department of Justice’s decision to abandon the case. He referred to the Capitol riot as “a perilous event” and an assault on the constitutional imperative for a peaceful transfer of power between presidents.

“Moving forward, if this Nation’s experiment in self-government is to last another 250 years, the American people — no matter their partisan preferences — will have to act together to preserve, protect and defend that miracle through our constitutional framework,” Kelly wrote.

Juries in the nation’s capital separately convicted leaders of the Proud Boys and another extremist group, the antigovernment Oath Keepers, of orchestrating violent plots to keep Trump in power after he lost the 2020 presidential election to Democrat Joe Biden.

A different judge has not ruled yet on the Justice Department’s related request to throw out Oath Keepers’ seditious conspiracy convictions.

Friday’s ruling applied to four of five Proud Boys members who were convicted after a jury trial: Ethan Nordean, Joseph Biggs, Zachary Rehl and Dominic Pezzola. Trump commuted their prison sentences, but they were not covered by the president’s mass pardons.

Former Proud Boys national chairman Enrique Tarrio was convicted at the same trial but received a pardon from Trump. Kelly had sentenced Tarrio to 22 years, the longest prison term in any Capitol riot case.

Kunzelman and Durkin Richer write for the Associated Press.

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.