Justice Department Moves to Vacate Jan. 6 Seditious Conspiracy Convictions
The U.S. Justice Department has requested that a federal court vacate the January 6 convictions of 12 former members of the right-wing groups Proud Boys and Oath Keepers. This legal move targets some of the most significant charges remaining from the Capitol riot, specifically those involving seditious conspiracy.
The Scope of the DOJ’s Request
On Tuesday, the Department of Justice asked a federal appeals court to throw out convictions for a dozen individuals. While President Trump issued pardons for nearly everyone convicted in connection with the January 6 riot shortly after returning to office last year, 14 people had their sentences commuted to time served instead. This allowed them to depart prison while their convictions remained on their records. The DOJ is now seeking to wipe away those remaining convictions for 12 of those individuals.
Key Figures Involved
The group of 12 includes several high-profile figures from the far-right movements:
- Stewart Rhodes: The founder of the Oath Keepers. Prosecutors previously stated that Rhodes and his group plotted to oppose the lawful transfer of presidential power by force. He had been sentenced to 18 years in prison for seditious conspiracy and other charges.
- Ethan Nordean: A leader of the Proud Boys who received an 18-year prison sentence following his conviction for seditious conspiracy.
- Joseph Biggs and Zachary Rehl: Proud Boys members convicted alongside Nordean for seditious conspiracy.
- Dominic Pezzola: A Proud Boy convicted of obstruction, robbery involving government property, and assaulting or resisting officers. He gained notoriety after video showed him smashing a Capitol window with a riot shield.
Understanding Seditious Conspiracy
Seditious conspiracy is a serious federal charge. In the cases of the Proud Boys and Oath Keepers, prosecutors argued that these groups acted as “Donald Trump’s army” on January 6, utilizing violent force in a coordinated plot to prevent the peaceful transfer of power after the 2020 election.
- The DOJ is seeking to vacate convictions for 12 individuals from the Proud Boys and Oath Keepers.
- Most of these individuals were convicted of seditious conspiracy.
- These individuals had previously received sentence commutations to time served, but their convictions remained.
- High-profile defendants like Stewart Rhodes and Ethan Nordean are among those included in the request.
What Happens Next?
The request has been filed with a federal appeals court. If granted, the court will vacate the convictions, effectively erasing the legal record of these crimes for the named individuals. This move represents one of the final steps in addressing the standing charges related to the January 6 Capitol riot.
Frequently Asked Questions
What is the difference between a pardon and a commutation?
A pardon generally wipes away a conviction entirely. A commutation, as seen with these 14 individuals, reduces the sentence (in this case, to time served) but leaves the conviction on the person’s record. The DOJ is now asking the court to vacate those remaining convictions.
Who are the Oath Keepers and Proud Boys?
Both are right-wing groups. The Justice Department described the Oath Keepers as plotting to oppose the transfer of presidential power by force, and described the Proud Boys as acting as an “army” during the January 6 attack.
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