Justice Department Moves to Vacate Jan. 6 Convictions of Proud Boys and Oath Keepers

The Justice Department on Tuesday filed motions to vacate the convictions of a dozen former members of the Proud Boys and Oath Keepers related to the January 6, 2021, attack on the U.S. Capitol. The defendants, most of whom were convicted of seditious conspiracy, include high-profile figures such as Stewart Rhodes, founder of the Oath Keepers, and Proud Boys leaders Ethan Nordean, Joseph Biggs, Zachary Rehl, and Dominic Pezzola.

The filings, submitted by the U.S. Attorney’s Office for the District of Columbia and signed by U.S. Attorney Jeanine Pirro, ask federal appeals courts to vacate the convictions with prejudice, meaning the cases cannot be retried. Prosecutors stated that continuing to prosecute these cases is “not in the interests of justice” and noted that the defendants’ attorneys did not oppose the motions.

Rhodes was sentenced to 18 years in prison for seditious conspiracy and other charges, with prosecutors describing how he and other Oath Keepers “began plotting to oppose by force the lawful transfer of presidential power” after the 2020 election. On January 6, Rhodes coordinated activities as Oath Keepers marched on the Capitol.

Among the Proud Boys, Nordean received an 18-year sentence, Biggs 17 years, Rehl 15 years, and Pezzola 10 years. Prosecutors said Nordean “played a central role in unleashing the violence and destruction at the U.S. Capitol,” while Biggs “served as an instigator and leader.” Pezzola became widely known after video showed him smashing a Capitol window with a riot shield. Rehl was seen on video spraying officers with pepper spray during the riot.

While former President Donald Trump issued pardons for nearly all Jan. 6 defendants shortly after returning to office in January 2025, 14 individuals—including the 12 referenced in Tuesday’s filings—had their sentences commuted to time served rather than receiving full pardons. The Justice Department’s move aims to erase these remaining convictions.

Trump-allied lawyer Peter Ticktin, who has represented several of the defendants, praised the decision, stating, “I applaud the decision by Jeanine Pirro to move to dismiss these actions which should have never been pursued in the first place. Donald Trump knows that those who were pardoned for their involvement in the protests of January 6, 2021, were patriots.”

The filings also come amid criticism. Greg Rosen, former chief of the department’s Capitol Siege Section, called the move “a reminder of what drove the pardons in the first place — that political violence is acceptable as long as your politics align,” adding it reflects “a continuing and sad commentary on the current state of the Department.”

The Justice Department’s motions also seek to vacate convictions of other Oath Keepers members, though some defendants like Thomas Caldwell and Jeremy Bertino were not included in Tuesday’s filings. Caldwell was acquitted of seditious conspiracy but convicted on other counts and was separately pardoned by Trump in March 2025.

The January 6 investigation remains the largest in the department’s history, with over 1,500 arrests and convictions or guilty pleas on charges ranging from trespassing to assaulting police officers. More than 700 defendants have completed sentences or avoided incarceration, while over 170 were accused of using weapons against law enforcement.

Some defendants whose convictions were vacated or pardoned have since faced unrelated criminal charges. For example, Daniel Tocci was sentenced to four years for possessing child pornography, and Andrew Paul Johnson received a life sentence for child molestation. David Daniel, who admitted to assaulting law enforcement on January 6, is set to plead guilty to child exploitation charges.

The vacating of convictions carries practical implications. Alexis Loeb, a former deputy in the now-disbanded Capitol Siege Section, noted that without felony convictions, defendants would avoid collateral consequences such as firearm ownership prohibitions.

Following the Justice Department’s filing, Zachary Rehl expressed relief on social media, writing, “After all the fighting, it appears this chapter is finally over. Persistently fighting for truth and justice pays off! Thank you for everyone who supported us in this fight! Love you all!” Proud Boys leader Enrique Tarrio, who was pardoned last year, called the move “my happiest day since the pardon that released us from the jaws of injustice!”