Justice Department plans to overturn January 6-related convictions

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On April 14, the Justice Department asked a federal appeals court to overturn the seditious conspiracy convictions of Proud Boys and Oath Keepers leaders for their involvement in the January 6, 2021 Capitol riot.

President Donald Trump has already commuted the sentences of some Proud Boys and Oath Keepers leaders in January 2025, but Tuesday’s filing would take it a step further.

In a filing signed by U.S. Attorney Jeanine Pirro, prosecutors asked the District of Columbia Circuit Court of Appeals to vacate the convictions so the government can permanently dismiss charges against the leaders.

“The government’s motion to vacate this case is consistent with the practice of forwarding convictions to the Supreme Court to vacate convictions in cases where the government determines, in the prosecutor’s discretion, that the interests of justice are served by dismissing the criminal case, which the Supreme Court routinely grants,” prosecutors said in court records obtained by USA TODAY.

Prosecutors asked to vacate the convictions of Oath Keepers members Stewart Rhodes, Kelly Meggs, Kenneth Harrelson and Jessica Watkins, and Proud Boys members Ethan Nordean, Joseph Biggs, Zachary Lehr and Dominic Pezzola, according to the filing.

In a statement to The Associated Press, Nordean’s attorney, Nicholas Smith, praised the Justice Department’s move, saying it was a wise move to seek the dismissal of the conviction.

“We don’t want to set a precedent that any physical confrontation between protesters and law enforcement constitutes a crime bordering on treason, such as seditious conspiracy,” Smith said.

Smith did not immediately respond to USA TODAY’s request for comment.

The Justice Department’s move follows the Trump administration’s move to pardon those involved in the January 6, 2021, Capitol riot. In one of the first moves of his second term, President Trump pardoned more than 1,500 people involved in the riot.

“These are about 1,500 hostages for a pardon. It’s a complete pardon,” President Trump said from the Oval Office at the time. “This is a big deal. I hope they come out tonight.”

President Trump’s proclamation granted “full, complete and unconditional pardon to all other individuals convicted of crimes related to events that occurred on or near the United States Capitol” on January 6.

Fernando Cervantes Jr. is a trending news reporter for USA TODAY. Contact us at fernando.cervantes@usatodayco.com and follow us at X @fern_cerv_.

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