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Justice Department moves to dismiss sedition convictions
The US Department of Justice has requested a federal appeals court to vacate the seditious conspiracy convictions of 12 individuals linked to the 6 January 2021 Capitol attack, citing the interests of justice.
Background on commutations and pardons
Former President Donald Trump commuted the sentences of these defendants-members of the Proud Boys and Oath Keepers-during his presidency, allowing their release from prison while leaving their convictions intact. Trump issued over 1,000 pardons or commutations related to the Capitol riot, fulfilling a campaign promise to free those charged or convicted for their roles in the event.
Legal filing details
The US Attorney's Office for the District of Columbia stated in a Tuesday filing that dismissing the case aligns with prosecutorial discretion. If approved, the move would erase the convictions, marking a symbolic victory for Trump, who has consistently framed the rioters as political prisoners.
Key figures involved
Among those seeking to overturn their convictions is Stewart Rhodes, founder of the Oath Keepers. A former US Army paratrooper and Yale-educated lawyer, Rhodes was sentenced to 18 years in prison in 2023 for seditious conspiracy. While he did not enter the Capitol, prosecutors argued he directed members from outside, including those who stashed weapons in a Virginia hotel room.
Henry "Enrique" Tarrio, former leader of the Proud Boys, was also convicted of seditious conspiracy but received a full pardon. Before his pardon, Tarrio was sentenced to 22 years in prison.
Next steps in the legal process
The US Court of Appeals for the District of Columbia has set a 17 April deadline for filing these requests. If the court grants the motion, the Justice Department under Trump's administration would avoid defending the convictions in further proceedings.
"The United States has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice."
US Attorney's Office, Washington, DC
