Judge vacates convictions of 4 Proud Boys in Jan. 6 Capitol insurrection

U.S. District Judge Timothy Kelly agreed to dismiss the convictions of four members of the far-right Proud Boys for their actions during the Jan. 6, 2021, Capitol riot. The judge signed off on the Justice Department's request to vacate the convictions against Ethan Nordean, Joseph Biggs, Zachary Rehl, and Dominic Pezzola.

In his memorandum, Judge Kelly noted that President Trump's views on the prosecution of those involved in the Capitol attack are well-known and appear to be based on "fiction." He also cited the President's intention to extend clemency through an executive order as a factor in the government's decision. "There is little mystery about why the Government is moving to dismiss this case, or whether dismissal is in fact what the Executive seeks," Kelly wrote.

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There is little mystery about why the Government is moving to dismiss this case, or whether dismissal is in fact what the Executive seeks.

In 2023, Nordean, Biggs, and Rehl were convicted of seditious conspiracy and received lengthy prison sentences. Pezzola, who was notably seen smashing a Capitol window with a riot shield, was convicted of charges including assaulting officers and obstruction. The Justice Department had stated that Nordean and Pezzola participated in significant breaches, leading Proud Boys onto the Capitol grounds, resulting in dismantled barricades, the building's breach, assaults on police, and property destruction.

While Mr. Trump pardoned many individuals convicted for Jan. 6 actions after taking office in January 2024, he commuted the sentences of 14 people to time served but kept their convictions intact; Biggs, Rehl, Nordean, and Pezzola were among them. The Justice Department's move to vacate convictions against former members of the Proud Boys and Oath Keepers, many convicted of seditious conspiracy, occurred in April. Friday's ruling by Kelly was a procedural step following a U.S. Court of Appeals panel's approval of the conviction dismissals in May.

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President Trump's views about the prosecution of those who attacked the U.S. Capitol on January 6, whether those views are based on fact or fiction, are well known, as is his intention to extend clemency to them through the Executive Order.