DOJ seeks to vacate Jan 6 convictions in sweeping move tied to Trump order

The Department of Justice on Tuesday filed motions to vacate the convictions of several high-profile defendants involved in the Jan. 6 Capitol breach.

The filings, submitted to the Court of Appeals by the United States, specifically seek to vacate criminal judgments against identified members of the Oath Keepers and Proud Boys organizations, most of whom were convicted of seditious conspiracy.

“In the Executive Branch’s view, it is not in the interests of justice to continue to prosecute this case or the cases of other, similarly situated defendants,” federal prosecutors in the U.S. Attorney’s Office for the District of Columbia wrote in one filing.

The move follows a presidential proclamation on Jan. 20, 2025, when President Donald Trump commuted the prison sentences of the defendants to “time served,” allowing them to be released without serving additional time.  

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Protesters loyal to Trump climb the west wall of the U.S. Capitol in Washington, Jan. 6, 2021. (AP Photo/Jose Luis Magana, File)

Tuesday’s filings — which mark an attempt to clear some of the final charges still standing in the probe — also asked to dismiss the indictments “with prejudice,” meaning the charges would be permanently dismissed and could not be brought again by the government. 

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At least eight primary defendants were named in two similar appeals filed Tuesday.  

A major high-profile defendant referenced in the filings is Oath Keepers founder Stewart Rhodes, whom prosecutors previously said plotted to “oppose by force the lawful transfer of presidential power” when Trump lost the 2020 election. Rhodes was sentenced to 18 years in prison for seditious conspiracy and other charges.

Stewart Rhodes, founder of the Oath Keepers, speaks during a rally outside the White House in Washington, June 25, 2017. (AP Photo/Susan Walsh, File)

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Other mentioned Oath Keepers members include Kelly Meggs, the leader of the Florida chapter of the organization, as well as Kenneth Harrelson and Jessica Watkins.

Among the Proud Boys members mentioned, Ethan Nordean, one of the group’s leaders, was sentenced to 18 years in prison after being convicted of seditious conspiracy alongside Joseph Biggs and Zachary Rehl, who are also named.

The Justice Department is also seeking to vacate the conviction of Proud Boys member Dominic Pezzola, who was caught on camera smashing a Capitol window with a riot shield. He was sentenced to 10 years in prison.

From left to right are Stewart Rhodes, former Proud Boys leader Enrique Tarrio, Joseph Biggs and Zachary Rehl at the U.S. Capitol in Washington, Friday, Feb. 21, 2025. (Sarah L. Voisin/The Washington Post via Getty Images)

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Officials noted that they are also filing similar motions for other related defendants in related cases.

Hours after returning to office in January, Trump either pardoned or commuted the sentences of nearly all individuals convicted in connection with the Jan. 6, 2021, Capitol breach. More than 1,500 people were arrested in connection with the protest.