Justice Department Moves to Dismiss Capitol Riot Convictions
The US Department of Justice has petitioned a federal appeals court to overturn the convictions of 12 individuals found guilty of seditious conspiracy related to the January 6, 2021, Capitol riots.
While former President Donald Trump issued over 1,000 pardons for those convicted for their involvement in the Capitol events, he chose to commute the sentences of a dozen members of the Proud Boys and Oath Keepers. This action allowed their release from prison but left their convictions intact on their records.
"The United States has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice,"the US Attorney's Office in Washington, DC, stated in a filing on Tuesday.
Approval of the request by the court to erase these convictions would represent a symbolic victory for Trump. During his presidential campaign, he pledged to free those charged or convicted for their participation in the riot, where protesters attempted to prevent Congress from certifying his 2020 election loss to President Joe Biden. On his first day back in office, Trump issued pardons or commutations for more than 1,500 individuals.
Details on Oath Keepers and Proud Boys Members
Among those whose sentences were commuted was Stewart Rhodes, founder of the Oath Keepers. Rhodes, a former US Army paratrooper and Yale-educated lawyer, led a group of militia members to Washington. They concealed weapons in a hotel room across the Potomac River in Virginia during the events.
Although Rhodes did not enter the Capitol building, he directed his members from outside. In 2023, he was sentenced to 18 years in prison after being convicted of seditious conspiracy, which involves attempting to overthrow the government.
Rhodes is among those seeking to have their records expunged in the US Court of Appeals for the District of Columbia. The court has set a deadline of April 17 to file such requests.
If the court agrees to dismiss the convictions, the Justice Department under the Trump administration will not need to defend the convictions in this appellate process.
Former Proud Boys leader Henry "Enrique" Tarrio was also convicted of seditious conspiracy related to the riot but was pardoned by Trump. Prior to his pardon, Tarrio had been sentenced to 22 years in prison.
