The United States Department of Justice has officially requested that a federal appeals court throw out the seditious conspiracy convictions of 12 individuals linked to the 6 January 2021 riots at the Capitol, the BBC reported. This move represents a significant shift in how the government is handling the legal fallout from those events. By asking the U.S. Court of Appeals for the District of Columbia Circuit to vacate these convictions, the administration is effectively seeking to permanently dismiss the indictments against these specific leaders of the Proud Boys and Oath Keepers.
This latest development follows a series of actions taken by President Donald Trump regarding those involved in the riot. Back in January 2025, during the very first days of his second term, the President issued pardons or commutations for more than 1,500 people.
At the time, he spoke about these individuals from the Oval Office, stating, “These are the hostages, approximately 1,500, for a pardon. Full pardon. This is a big one. We hope they come out tonight.” While some of these individuals had their prison sentences commuted, their convictions remained on their records.
This new filing is intended to go a step further by wiping those records clean entirely
The specific individuals named in the filing include Oath Keepers members Stewart Rhodes, Kelly Meggs, Kenneth Harrelson, and Jessica Watkins. It also covers Proud Boys members Ethan Nordean, Joseph Biggs, Zachary Rehl, and Dominic Pezzola. The filing was signed by U.S. Attorney Jeanine Pirro and argues that this request aligns with standard legal procedures.
In court records, prosecutors noted, “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.”
The legal team representing some of those involved has expressed support for this direction. Nicholas Smith, who serves as the attorney for Ethan Nordean, issued a statement regarding the news. “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.
For those keeping track of the details, it is worth noting that Stewart Rhodes, the founder of the Oath Keepers, was sentenced in 2023 to 18 years in prison. As a former U.S. Army paratrooper and a lawyer who attended Yale, his role was highly scrutinized during the trial. Although he did not personally enter the Capitol building during the riot, he was found guilty of seditious conspiracy for directing his militia members from outside while they had weapons stashed in a hotel room across the Potomac River in Virginia. He is among the group currently seeking to have his record expunged.
Another notable figure in these proceedings is former Proud Boys leader Henry “Enrique” Tarrio. He was previously sentenced to 22 years in prison for his role in the seditious conspiracy, but he has already received a pardon from the President. By moving to vacate these convictions now, the Trump administration’s Justice Department is essentially sparing itself from having to argue against these individuals in the appeals process. The department has explicitly stated in its filing that the dismissal of this criminal case is in the interests of justice.
The broader context here is the pledge that Donald Trump made during his presidential campaign. He consistently promised to free those who were charged or convicted for participating in the riot, which occurred as protesters attempted to stop Congress from certifying that he lost the 2020 election to former President Joe Biden. With this new filing, the administration is moving aggressively to fulfill those campaign promises.
If the court grants the request, it will cement a symbolic victory for the President, as it officially removes the stain of these convictions from the records of those involved. The shift is certainly a major turning point for the legal status of the individuals who were at the center of the 6 January events.
Published: Apr 16, 2026 04:45 pm