A federal judge nominated by Donald Trump reluctantly granted the Department of Justice's motion on Friday to dismiss seditious conspiracy convictions against leaders of the Proud Boys who were convicted by a jury for their roles in the January 6, 2021 attack on the US Capitol.
Judge's Reluctant Decision
US District Judge Timothy Kelly noted in a seven-page memorandum that the Proud Boy leaders Ethan Nordean, Joseph Biggs, and Zachary Rehl were all convicted of multiple crimes, including seditious conspiracy. A fourth member, Dominic Pezzola, was convicted of assaulting an officer and breaking a Capitol window, which created the first entry point for hundreds of rioters. Pezzola's destruction was recorded in a social media video that became an iconic image of the day.
Nordean, Biggs, and Rehl were sentenced to long prison terms in 2023. Upon returning to office in 2025, Trump commuted their sentences as part of a sweeping clemency order covering about 1,500 people charged or convicted for participating in the Capitol attack, but their convictions remained. In April, the DOJ requested an appeals court overturn the convictions, which was approved in May, sending the ruling back to Kelly.
Judge's Observations
Kelly stated he granted the motion because it is hard to see any other course making practical sense, as denying the motion would not revive the vacated convictions. He noted that the request was based not on facts or the law but on Trump's desire to excuse the violence of his supporters. Kelly wrote: 'There is little mystery about why the Government is moving to dismiss this case, or whether dismissal is in fact what the Executive seeks. President Trump’s views about the prosecution of those who attacked the US 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.'
Kelly also noted the case was initiated while President Trump was still in power in the days after the attack. He described the Capitol attack as a perilous event, an attack on people including police officers, on Congress, and on the Constitution's mechanism for peaceful transfer of power.
Implications
The dismissal marks a significant legal outcome for the January 6 prosecutions, with the judge expressing concern about the broader implications for the nation's constitutional framework. Kelly concluded: 'Moving forward, if this Nation’s experiment in self-government is to last another 250 years, the American people – no matter their partisan preferences – will have to act together to preserve, protect and defend that miracle through our constitutional framework.'
