The US Department of Justice is seeking to overturn some of the most serious convictions tied to the 6 January Capitol attack, raising fresh questions about whether certain rioters could ultimately have their criminal records cleared. The move focuses on individuals previously found guilty of seditious conspiracy, one of the most severe charges brought after the 2021 assault on Congress.
Court filings show Trump-appointed District of Columbia attorney Jeanine Pirro has asked an appeals court to set aside convictions for members of far-right groups including the Proud Boys and Oath Keepers. If approved, the decision would go beyond earlier sentence reductions and could erase those convictions entirely, according to a report by The Guardian.
Pirro said on Tuesday in court filings, 'The United States has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice.'
Biggs' attorney, Norm Pattis, said that the ruling has been delayed for some time, saying, 'This decision is long overdue. This prosecution should never have been lodged.'
What the DOJ Is Trying to Do
The request centres on overturning guilty verdicts against several high-profile defendants, including group leaders who had been given lengthy prison terms. These include Ethan Nordean and Joseph Biggs, leaders of Proud Boys, and former attorney Stewart Rhodes, founder of Oath Keepers.
Prosecutors have argued that dismissing the cases would be in the 'interests of justice,' though detailed reasoning has not been publicly outlined. Pirro has requested the Court of Appeals for the convictions of defendants who currently have pending appeals.
The defendants, apart from BIggs, Nordean, and Rhodes, are: Zachary Rehl, Dominic Pezzola, Roberto Minuta, Eduardo Vallejo, Joseph Hackett, David Moerschel, Kenneth Harrelson and Jessica Watkins, per The Washington Post.
According to The Guardian, the latest filings mark another step by the Trump administration to clear the defendants, many of whom were supporters who stormed the US Capitol in an effort to block Joe Biden's 2020 election win.
The far-right group members involved in the attack were later convicted and jailed for attempting to disrupt the transfer of power, with Proud Boys leader Enrique Tarrio, who was discharged from prison in January 2025, receiving the longest sentence of 22 years.
How This Differs From Earlier Pardons
The latest action builds on earlier steps taken after US President Donald Trump returned to office. On his first day back in power, Trump granted clemency to more than 1,500 individuals linked to the Capitol riot, wiping out many convictions or reducing sentences.
However, a small group, including those convicted of seditious conspiracy, initially had their sentences shortened but their convictions left intact. The DOJ's new filings now seek to remove those remaining convictions altogether, which would fully clear their records if approved by the courts.
The request is still subject to court approval, meaning that the convictions remain in place for now. If judges agree to the Justice Department's filings, the affected cases could be formally dismissed, potentially wiping out some of the most serious 6 January-related convictions.
The move adds a new layer of legal uncertainty to the aftermath of the Capitol attack, where prosecutions, pardons, and appeals have continued to reshape the consequences of the events of 6 January.
