The Justice Department on Tuesday asked a federal appeals court to throw out the seditious conspiracy convictions of Proud Boys and Oath Keepers leaders who were sentenced to prison terms for leading members of the far-right extremist groups in attacking the U.S. Capitol to keep President Donald Trump in the White House over five years ago.
Trump commuted the prison sentences of several Proud Boys and Oath Keepers leaders last January in a sweeping act of clemency for all 1,500-plus defendants charged in the Jan. 6, 2021, attack.
The request by the Justice Department would go a step further and erase the convictions for the extremist group leaders, including Oath Keepers founder Stewart Rhodes.
In court filings, prosecutors asked the U.S. Court of Appeals for the District of Columbia Circuit to vacate the convictions so that the government can permanently dismiss the indictments.
“The government’s motion to vacate in this case is consistent with its practice of moving the Supreme Court to vacate convictions in cases where the government has decided in its prosecutorial discretion that dismissal of a criminal case is in the interests of justice — motions that the Supreme Court routinely grants,” prosecutors wrote in a court filing signed by U.S. Attorney Jeanine Pirro.
Juries in Washington, D.C., convicted the Proud Boys and Oath Keepers leaders of orchestrating violent plots to stop the peaceful transfer of power after Trump's 2020 election loss to Democratic President Joe Biden.
