DOJ seeks to throw out convictions against Oath Keepers and Proud Boys
DOJ seeks to throw out convictions against Oath Keepers and Proud Boys
Fernando Cervantes Jr., USA TODAYWed, April 15, 2026 at 1:26 AM UTC
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The Justice Department asked a federal appeals court on April 14 to throw out seditious conspiracy convictions given to leaders of the Proud Boys and Oath Keepers for their involvement during the Jan. 6, 2021, Capitol riots.
Although President Donald Trump already commutes the prison sentences of some leaders of the Proud Boys and Oath Keepers back in January 2025, the filing on Tuesday would go a step further.
Prosecutors, in a filing signed by the U.S. Attorney Jeanine Pirro, asked the U.S. Court of Appeals for the District of Columbia Circuit to vacate the convictions to enable the government to permanently dismiss the indictments against the leaders.
“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 said in court records obtained by USA TODAY.
Pro-Trump protesters gather in front of the U.S. Capitol Building on January 6, 2021 in Washington, DC.
More: Jan. 6 anniversary showcases fight over narrative around Capitol riot
According to the filing, prosecutors asked to erase the convictions of Oath Keepers members Stewart Rhodes, Kelly Meggs, Kenneth Harrelson and Jessica Watkins, as well as Proud Boys members Ethan Nordean, Joseph Biggs, Zachary Rehl and Dominic Pezzola.
In a statement to the , Nordean’s attorney, Nicholas Smith, praised the move from the Justice Department, saying it was a wise move to seek to dismiss the convictions.
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“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,” Smith said.
Smith did not immediately respond to USA TODAY’s request for comment.
The move from the Justice Department follows the Trump administration's moves to pardon people involved in the Capitol riots on Jan. 6 2021. In one of the first moves of his second term, Trump pardoned more than 1,500 people involved in the riots.
"These are the hostages, approximately 1,500, for a pardon. Full pardon," Trump said in the Oval Office at the time. "This is a big one. We hope they come out tonight.”
Trump's proclamation provided a "full, complete and unconditional pardon to all other individuals convicted of offenses related to events that occurred at or near the United States Capitol" on Jan. 6.
Fernando Cervantes Jr. is a trending news reporter for USA TODAY. Reach him at fernando.cervantes@usatodayco.com and follow him on X @fern_cerv_.
This article originally appeared on USA TODAY: Department of Justice looks to throw out convictions related to Jan. 6
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