tosses

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.

Attorneys for musician Chuck Redd say a D.C. Superior Court judge dismissed a breach of contract lawsuit filed against the artist after he canceled a Christmas Eve performance at the Kennedy Center in protest of President Trump’s influence over the venue.

The dismissal was granted Friday under Washington’s Anti-SLAPP laws, which are designed to prevent meritless lawsuits intended to silence opposing points of view on matters of public interest.

Redd, a drummer and vibraphone player who has toured with Dizzy Gillespie, Ray Brown and others, had presided over holiday “Jazz Jams” at the Kennedy Center since 2006. He called off last year’s performance shortly after Trump’s handpicked board for the Kennedy Center voted to add the president’s name to the venue, which Congress named for President Kennedy after his assassination.

“The Center sued Mr. Redd because he publicly and rightly objected to adding Donald Trump’s name to the Kennedy Center, a living memorial to former President John F. Kennedy,” Lisa J. Banks, one of Redd’s lawyers, said in a statement. “The lawsuit against Mr. Redd was political retribution, pure and simple, by the Trump Kennedy Center, and the Court correctly saw it as such in dismissing the case with prejudice.”

Redd told the Associated Press in an email Saturday that he is “very pleased with the judge’s ruling.”

The motion to dismiss, filed in March, argued that Redd wasn’t contractually obligated to perform. It included the contract provided by the Kennedy Center, which the artist never signed.

Representatives for the Kennedy Center did not immediately respond to a request for comment on the suit’s dismissal.

Goldin writes for the Associated Press.