The Justice Department is pursuing the dismissal of seditious conspiracy convictions against 12 leaders and associates of the Oath Keepers and Proud Boys stemming from the January 6, 2021, Capitol events.
President Trump has criticized these prosecutions as unfair to his supporters, calling jailed individuals ‘hostages.’ On his first day in office, he issued pardons to over 1,000 defendants involved in the riot, sparing only 14. One of those received a pardon in March 2025, leaving 12 others—eight Oath Keepers members and associates, plus four Proud Boys—whose convictions now face dismissal.
Federal Court Filing Details
Federal prosecutors filed a motion with the US Court of Appeals for the District of Columbia Circuit, requesting the court vacate the convictions to allow permanent dismissal of the indictments. ‘The United States has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice,’ the filing states, signed by US Attorney Jeanine Pirro.
The document adds, ‘In the Executive Branch’s view, it is not in the interests of justice to continue to prosecute this case or the cases of the other, similarly situated defendants.’ Prosecutors seek vacatur with prejudice, preventing refiling. The decision references prior commutations by President Trump, including a similar action in the case of Steve Bannon for defying a January 6 committee subpoena.
The motion precedes key appeal deadlines for Oath Keepers founder Stewart Rhodes and Proud Boys leaders Ethan Nordean, Joseph Biggs, and Zachary Rehl. Defendants’ attorneys do not oppose the request.
Original Convictions and Sentences
These convictions marked significant outcomes in one of the largest federal investigations in US history, which charged over 1,500 individuals and resulted in about 1,270 convictions. Prosecutors alleged Rhodes and Oath Keepers members plotted to oppose the 2020 election certification by force, using encrypted apps for weeks. On January 6, Rhodes coordinated as Oath Keepers advanced on the Capitol, preparing weapons at a Virginia hotel for potential ‘quick reaction force’ teams, though unused. Rhodes received an 18-year sentence.
Nordean and Proud Boys member Dominic Pezzola led breaches, dismantling barricades, entering the building, assaulting officers, and damaging property. Pezzola smashed a Capitol window with a riot shield. Rehl deployed pepper spray against officers and called for ‘firing squads’ against election ‘traitors.’ Sentences included 18 years for Nordean, 17 for Biggs, 15 for Rehl, and 10 for Pezzola. All were released last year following commutations.
Defendants’ Responses
After the filing became public, freed defendants expressed relief. Zachary Rehl posted on X: ‘After all this fighting, it appears this chapter is finally over. Persistently fighting for truth and justice pays off! I am beyond thrilled right now, I can’t even begin to describe my feelings right now.’
Oath Keepers leader Kelly Meggs stated, ‘Since we were all innocent, this nightmare may finally be coming to an end.’ Nordean’s attorney, Nicholas Smith, welcomed the ‘wise decision,’ adding, ‘We don’t want a precedent that says that any physical confrontation between protesters and law enforcement means a crime akin to treason, such as seditious conspiracy.’
Ongoing Legal Actions
The filing aligns with lawsuits by Proud Boys members and others against the federal government, alleging excessive force by law enforcement. The administration supports these claims via a White House website highlighting officer actions in ‘deliberately escalating tensions.’
It has settled with the family of Ashli Babbitt, fatally shot by a Capitol officer during an attempt to enter the House chamber. Efforts continue to identify FBI agents from the investigations and remove riot-related evidence and statements from government sites, alongside scrutiny of January 6 prosecutors.
