A federal judge appointed by Trump has dismissed the January 6 charges against four members of the Proud Boys. U.S. District Judge Timothy Kelly explained that he didn’t have the authority to reject the Justice Department’s request to drop the cases.
Judge Kelly agreed to the Justice Department’s motion for dismissal regarding Ethan Nordean, Joseph Biggs, Zachary Lehr, and Dominic Pezzola, following a prior federal appeals court decision that overturned their convictions.
In his ruling, Kelly noted that established principles of separation of powers mean the executive branch, which oversees prosecutions, decided to abandon the charges. He emphasized that it’s the government’s decision to drop cases they no longer want to pursue.
Pezzola had been found guilty of several serious offenses, including assaulting police and stealing a police shield, which he then used to break windows at the Capitol—actions prosecutors argued allowed many rioters to breach the building. He was acquitted of seditious conspiracy, though he faced convictions on other counts.
Nordean, Biggs, and Lehr were convicted of seditious conspiracy and additional felonies tied to the January 6 attempt to disrupt the Congressional certification of the 2020 election.
The Justice Department initially sought to vacate the convictions back in April, claiming it was “in the interest of justice.” This decision came after Trump’s executive order, which granted commutations and pardons to a range of defendants involved in the January 6 incidents. The appellate court had already overturned the men’s convictions when the case was redirected back to Kelly’s court for further consideration.
Kelly made it clear that the motivations behind the government’s dismissal requests weren’t a mystery. Trump has made his stance on the prosecution of January 6 participants quite apparent, openly advocating for leniency—whether based on facts or not.
He reiterated that the authority to pursue prosecutions lies strictly within the executive branch and judges can’t challenge that simply because they disagree with the government’s rationale.
Moreover, Kelly pointed out that denying the motion wouldn’t reinstate convictions already vacated by the appellate court. He also stated that courts lack the power to compel prosecutors to pursue cases against their will, especially if directed otherwise by executive orders.
Despite the dismissal, Judge Kelly strongly condemned the events of January 6, referring to it as an attack on democracy and the vital processes that support peaceful power transitions.
If the U.S. is to continue thriving, Kelly asserted, it’s crucial for individuals, regardless of political affiliation, to unite in protection of democratic principles as dictated by the Constitution.
In a turn of events, Mr. Tarrio, also pardoned for his crimes linked to the riot, expressed his pleasure over the dismissal on social media, proclaiming it a victory for the Proud Boys and thanking Trump for his support.
