The Justice Department submitted a motion on Tuesday aimed at overturning the convictions of several notable defendants involved in the January 6 Capitol breach.
Specifically, this petition, filed with the Court of Appeals, seeks to vacate criminal convictions against members of the Oath Keepers and Proud Boys, many of whom were found guilty of seditious conspiracy.
In the filing, the prosecutors from the U.S. Attorney’s Office for the District of Columbia expressed that “continuing to prosecute this case or those against similar defendants is not in the interest of justice.”
This action comes after President Donald Trump’s January 20, 2025, executive order that commuted the prison sentences of these defendants to “time served,” which effectively allows for their release without needing to serve additional time.
Tuesday’s filing is an effort to resolve some of the remaining charges still under investigation, and it requests that these charges be dismissed “with prejudgment,” meaning they cannot be reinstated in the future.
At least eight major defendants were identified in two similar appeals filed on the same day.
The primary defendant noted is Stewart Rhodes, the Oath Keepers founder who, according to prosecutors, intended to “use force to oppose the lawful transfer of presidential power” had Trump lost the 2020 election. Rhodes received an 18-year prison sentence on seditious conspiracy charges.
Other members of the Oath Keepers mentioned include Kelly Meggs, Kenneth Harrelson, and Jessica Watkins, who lead the organization’s chapter in Florida.
Ethan Nordeen, another leader in this group, was sentenced to 18 years in prison for similar charges, alongside Joseph Biggs and Zachary Rehl of the Proud Boys.
The Justice Department is also seeking to vacate the conviction of Dominic Pezzola, a Proud Boys member known for smashing a Capitol window with a riot shield, resulting in a 10-year sentence.
Officials noted that similar motions have been filed against other defendants in related cases.
Shortly after returning to office in January, President Trump pardoned or commuted the sentences of nearly all individuals convicted related to the January 6, 2021, Capitol events. Over 1,500 people were arrested during the protests.
