On Tuesday, the Justice Department asked a federal appeals court to vacate convictions tied to the Jan. 6, 2021, Capitol attack for a group of roughly a dozen former Proud Boys and Oath Keepers, most of whom had been found guilty of seditious conspiracy. The filings seek to erase some of the remaining convictions stemming from the largest investigation in Justice Department history into the Capitol breach.
The moves follow a series of executive clemency actions after President Trump returned to office last year. While the president issued pardons to many defendants, 14 individuals — including the 12 referenced in the Justice Department filings — had their sentences commuted to time served, allowing their release while leaving convictions on the books.
Among those named in the recent filings is Stewart Rhodes, the Oath Keepers founder who prosecutors said helped plan to obstruct the lawful transfer of presidential power after the 2020 election and organized a march on the Capitol. Rhodes had been sentenced to 18 years after his conviction on seditious conspiracy and related counts.
The group named also includes four Proud Boys leaders. Ethan Nordean, convicted of seditious conspiracy alongside Joseph Biggs and Zachary Rehl, received an 18-year sentence. Dominic Pezzola, convicted on assault and obstruction charges after video showed him using a riot shield to smash a Capitol window, was also among the group. Prosecutors had alleged Nordean and Pezzola took part in multiple key breaches, dismantling barricades, assaulting officers and entering the building.
In three separate appeals brought by the defendants, Justice Department lawyers asked federal panels to vacate the underlying convictions with prejudice, which would bar the government from retrying the cases. A filing signed by U.S. Attorney Jeanine Pirro said the Executive Branch concluded it was “not in the interests of justice to continue to prosecute” these matters or other similarly situated defendants. The filings noted the defendants’ attorneys did not oppose the motions.
Two figures tied to earlier cases were not included in these initial motions. Thomas Caldwell, who prosecutors said assisted the Oath Keepers and was acquitted of seditious conspiracy but convicted on other counts, was separately pardoned in March 2025. Jeremy Bertino, a former Proud Boy leader, had pleaded guilty to seditious conspiracy in 2022 and was not part of the latest filings.
The Justice Department’s action drew immediate criticism from former Capitol Siege Section chief Greg Rosen, who warned the decision implies political violence may be treated as acceptable when aligned with certain politics. By contrast, attorney Peter Ticktin, who has sought clemency for several Jan. 6 defendants, praised the filings and called the men involved “patriots.”
About 1,500 people have been arrested in connection with the Jan. 6 attack, with convictions or guilty pleas covering a wide spectrum of conduct from trespassing to assaulting officers. More than 700 defendants have completed sentences or were not incarcerated; over 170 were accused of using a dangerous or deadly weapon against police, including items such as fire extinguishers or bear spray.
Former President Trump has long criticized the prosecutions, describing defendants as “hostages,” arguing many were treated harshly in prison, and at times characterizing Jan. 6 as a benign event tied to his unproven claims of election fraud.