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Sedition CasesPolicy ReversalAug 5, 2026, 1:27 AM· 8 min read· #2 of 4 in news politics

Federal Judges Grant DOJ Motions to Dismiss Seditious Conspiracy Convictions for Oath Keepers and Proud Boys

U.S. District Judges Amit Mehta and Timothy Kelly have formally dismissed the landmark seditious conspiracy convictions against leaders of the Oath Keepers and Proud Boys at the request of the Justice Department. The rulings effectively erase the most serious criminal charges stemming from the January 6 Capitol attack, drawing sharp rebukes from the presiding judges.

By Mariana Costa

Department of Justice 30%Presiding Judiciary 30%Government Watchdogs 25%Pardoned Defendants 15%
Department of Justice
Argues that dismissing the cases and vacating the convictions is a valid exercise of prosecutorial discretion in the interests of justice.
Presiding Judiciary
Concedes they must grant the DOJ's motions but strongly condemns the decision as an affront to the rule of law and the peaceful transfer of power.
Government Watchdogs
Views the dismissals, record purges, and compensation funds as a corrupt misuse of taxpayer money and a dangerous precedent for democratic institutions.
Pardoned Defendants
Maintains their prosecutions were politically motivated and intends to seek financial restitution for their time in prison.

Why this matters

The dismissal of these landmark convictions fundamentally rewrites the legal and historical record of the January 6 Capitol attack. By erasing the seditious conspiracy charges and establishing a compensation fund for the defendants, the federal government has officially reversed its stance on the most severe domestic extremism cases in modern American history.

Key points

  • Federal judges have formally dismissed the seditious conspiracy convictions of Oath Keepers and Proud Boys leaders at the DOJ's request.
  • Judge Amit Mehta granted the final dismissal for the Oath Keepers on August 4, 2026, following a similar ruling for the Proud Boys in July.
  • Both presiding judges issued scathing written opinions condemning the Justice Department's decision, though they conceded they lacked the authority to block it.
  • The DOJ is concurrently purging online records of the prosecutions and has established a compensation fund for the defendants.
14
Sentences commuted prior to dismissal
18 years
Stewart Rhodes' original sentence
22 years
Enrique Tarrio's original sentence

Federal judges in Washington, D.C., have officially granted the Justice Department’s unprecedented requests to dismiss the seditious conspiracy convictions of the leaders of the Oath Keepers and Proud Boys. The rulings mark the definitive legal conclusion of the government's landmark prosecutions regarding the January 6, 2021, attack on the U.S. Capitol, effectively erasing the most serious criminal charges ever brought in connection with the riot. By vacating these convictions, the federal judiciary has formalized the current administration's sweeping reversal of its predecessor's domestic extremism policies.[1][2]

The final order in this legal unwinding was issued on August 4, 2026, by U.S. District Judge Amit Mehta. His ruling officially wiped away the convictions of Oath Keepers founder Stewart Rhodes and several other high-ranking members of the anti-government militia. These defendants had previously been convicted by a federal jury of plotting to oppose by force the lawful transfer of presidential power following the 2020 election. Rhodes had originally been sentenced to 18 years in federal prison for his role in coordinating the group's armed presence and tactical movements around the Capitol grounds.[1][3]

While Judge Mehta ultimately granted the Justice Department's motion to dismiss the case, his ruling was accompanied by a scathing judicial rebuke of the government's decision. In a sharply worded written opinion, Mehta stated that the Justice Department's maneuver 'diminishes the gravity of that day, denigrates the work of the prosecutors and law enforcement officers who secured these convictions, and excuses criminal acts.' The judge made it clear that the court viewed the underlying conduct as a direct assault on a centuries-long pillar of American democracy.[1][6]

Despite his fierce criticism of the government's reversal, Judge Mehta conceded that his hands were tied by the executive branch's broad prosecutorial discretion. 'The court cannot write a different ending,' Mehta concluded in his order, acknowledging a fundamental reality of the American legal system: the judiciary cannot force the Justice Department to maintain a prosecution it has affirmatively chosen to abandon. The ruling highlights the immense power of the executive branch to unilaterally dismantle established legal victories if it determines that pursuing them no longer aligns with its policy objectives.[1][6]

Timeline of the landmark seditious conspiracy prosecutions and their subsequent dismissal.
Timeline of the landmark seditious conspiracy prosecutions and their subsequent dismissal.

Mehta’s ruling follows a parallel and equally reluctant decision issued on July 11, 2026, by U.S. District Judge Timothy Kelly. Judge Kelly formally dismissed the remaining seditious conspiracy convictions against four prominent leaders of the far-right Proud Boys organization: Ethan Nordean, Joseph Biggs, Zachary Rehl, and Dominic Pezzola. Like the Oath Keepers, these men had been found guilty by a jury of orchestrating violent plots to keep the former president in power, representing the vanguard of the mob that breached the Capitol's defenses.[2][5]

Like Mehta, Judge Kelly—who was notably appointed to the federal bench during President Donald Trump's first term—went out of his way to distance himself from the Justice Department's actions. Kelly wrote in his dismissal order that there was 'little mystery' as to why the current administration decided to abandon the landmark cases, but he explicitly stressed that his required compliance should not be mistaken as an endorsement of the government's decision to drop the charges. He emphasized that the court's role is to apply the law regarding prosecutorial discretion, not to validate the political or policy rationales driving the Justice Department's sudden reversal.[2][5]

In his July ruling, Judge Kelly referred to the Capitol riot as 'a perilous event' and a direct assault on the constitutional imperative for a peaceful transfer of power between presidents. He warned that preserving the nation's democratic framework requires vigilance from all citizens. 'Moving forward, if this Nation's experiment in self-government is to last another 250 years, the American people—no matter their partisan preferences—will have to act together to preserve, protect and defend that miracle,' Kelly wrote, underscoring the severe historical stakes of the January 6 attack.[2]

He warned that preserving the nation's democratic framework requires vigilance from all citizens.

The legal unwinding of these high-profile cases began in earnest in April 2026, when the Justice Department, operating under Attorney General Jeanine Pirro, filed unprecedented motions with the U.S. Court of Appeals for the D.C. Circuit. The DOJ formally asked the appellate court to vacate the seditious conspiracy convictions so that the government could permanently dismiss the underlying indictments at the district court level. This aggressive legal strategy was designed to completely erase the criminal records of the defendants, going far beyond the standard practice of simply dropping ongoing appeals.[3][5]

In its official court filings, the Justice Department defended its actions by arguing that the motion to vacate was a standard exercise of its authority. Prosecutors wrote that the request was '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.' This framing asserts that the original prosecutions were inherently flawed or no longer served the public interest, a position that directly contradicts the DOJ's own arguments made during the trials just a few years prior.[5][7]

Under Attorney General Jeanine Pirro, the Justice Department argued that dismissing the cases was in the 'interests of justice.'
Under Attorney General Jeanine Pirro, the Justice Department argued that dismissing the cases was in the 'interests of justice.'

The judicial dismissals represent the final administrative step in a broader executive clemency campaign that has redefined the aftermath of the Capitol attack. In early 2025, President Trump commuted the prison sentences of 14 high-profile Jan. 6 defendants, including Stewart Rhodes and the four Proud Boys leaders. Those commutations immediately freed the men from federal prison, but because they were not full pardons, their felony convictions for seditious conspiracy initially remained intact on their criminal records. The DOJ's recent motions were specifically engineered to clear those remaining legal blemishes.[3][5]

Notably absent from the recent dismissal motions was former Proud Boys national chairman Enrique Tarrio. Tarrio, who had been sentenced to 22 years in prison—the longest term handed down in any Capitol riot case—was not included in the Justice Department's appellate filings because he had already received a full, unconditional pardon from the president. Because a presidential pardon completely erases a federal conviction on its own, the DOJ did not need to petition the courts to vacate Tarrio's record, leaving his case fully resolved through direct executive action.[2]

Beyond the courtroom maneuvering, the Justice Department has initiated a systematic effort to erase the institutional memory of the January 6 prosecutions from the public record. According to recent reports, the DOJ has begun quietly purging press releases, trial summaries, and online archives documenting the convictions of Capitol riot defendants from its official website. This digital scrubbing effectively removes the government's own historical documentation of the massive law enforcement effort that resulted in over a thousand convictions following the attack.[4]

The formal erasure of the seditious conspiracy convictions also opens the door for the defendants to seek substantial financial restitution from the federal government. The Justice Department has recently established a highly controversial compensation fund specifically designed for Jan. 6 defendants who claim they were unfairly targeted or maliciously prosecuted by the previous administration. With their convictions now legally vacated, the leaders of the Oath Keepers and Proud Boys are uniquely positioned to file claims against this newly created taxpayer-funded pool.[4][8]

Original sentences for seditious conspiracy that have now been vacated or pardoned.
Original sentences for seditious conspiracy that have now been vacated or pardoned.

The creation of the compensation fund has been met with intense enthusiasm from the pardoned and cleared defendants. Enrique Tarrio recently stated in an interview that the establishment of the fund points in 'a good direction,' signaling a massive shift in the defendants' fortunes. Multiple individuals whose convictions were just vacated have publicly indicated that they intend to seek substantial payouts to cover their legal fees, lost wages, and the time they spent in federal custody during their trials and subsequent incarcerations.[4]

Ethics watchdogs and legal critics have fiercely condemned the financial restitution program, warning that it sets a catastrophic precedent. Donald K. Sherman, president of Citizens for Responsibility and Ethics in Washington (CREW), described the DOJ's compensation fund as 'one of the single most corrupt acts in American history.' Critics argue that the fund represents a gross misuse of taxpayer money, effectively forcing the public to financially reward individuals who were convicted by juries of seditious conspiracy and violent insurrection.[4][8]

While the criminal convictions have now been legally erased, significant uncertainty remains regarding the civil liability of the extremist group leaders. It is not yet clear whether the vacated criminal convictions will shield the leaders of the Oath Keepers and Proud Boys from ongoing civil lawsuits filed by injured Capitol Police officers and lawmakers. Because civil trials operate on a lower burden of proof than criminal trials, the defendants could still potentially face massive financial penalties for their roles in organizing the violence, though the erasure of their criminal records removes a key piece of evidence for the plaintiffs.[1][6]

The successful dismissal of these landmark charges marks a profound and permanent shift in the federal government's official historical record. By vacating the convictions of those who orchestrated the breach of the Capitol, the Justice Department has effectively nullified the most severe domestic extremism prosecutions secured by the previous administration. The rulings ensure that, in the eyes of the federal criminal justice system, the organized plots to violently disrupt the peaceful transfer of power on January 6, 2021, no longer exist.[1][2][5]

How we got here

  1. Jan 2021

    Members of the Oath Keepers and Proud Boys breach the U.S. Capitol to disrupt the certification of the 2020 election.

  2. 2022-2023

    Juries convict leaders of both extremist groups, including Stewart Rhodes and Enrique Tarrio, of seditious conspiracy.

  3. Jan 2025

    President Trump commutes the sentences of 14 high-profile Jan. 6 defendants, freeing them from prison.

  4. Apr 2026

    The Justice Department files motions to vacate the convictions and permanently dismiss the indictments.

  5. Jul-Aug 2026

    Federal judges formally grant the DOJ's motions, officially erasing the seditious conspiracy convictions.

Viewpoints in depth

The Justice Department's Rationale

The DOJ argues that vacating the convictions aligns with its prosecutorial discretion and serves the interests of justice.

Under Attorney General Jeanine Pirro, the Justice Department has taken the position that the original prosecutions of the Oath Keepers and Proud Boys were flawed or politically motivated. In their appellate filings, prosecutors asserted that moving to vacate convictions is a standard practice when the government determines that maintaining a case no longer serves the 'interests of justice.' This legal maneuvering effectively allows the executive branch to unilaterally dismantle the trial victories secured by the previous administration.

The Judicial Resistance

The federal judges presiding over the cases condemned the dismissals but acknowledged their lack of authority to stop them.

Both Judge Amit Mehta and Judge Timothy Kelly used their final dismissal orders to issue stark warnings about the precedent being set. Mehta explicitly accused the DOJ of denigrating the work of law enforcement and excusing criminal acts that caused a 'pillar of our democracy... to buckle.' Kelly, a Trump appointee, similarly emphasized that his required compliance with the DOJ's motion was not an endorsement, reiterating that January 6 was a 'perilous event' that threatened the peaceful transfer of power.

Ethics and Accountability Advocates

Watchdog groups warn that the dismissals and subsequent compensation funds represent a dangerous corruption of the justice system.

Organizations like Citizens for Responsibility and Ethics in Washington (CREW) view the erasure of the seditious conspiracy convictions as only one part of a broader, alarming campaign. They point to the DOJ's purging of online press releases and the creation of a taxpayer-funded compensation program for Jan. 6 defendants as evidence of institutional capture. Critics argue that financially rewarding individuals who were convicted by juries of seditious conspiracy sets a dangerous precedent for future political violence.

What we don't know

  • How the erasure of these criminal convictions will impact ongoing civil lawsuits filed by police officers against the Oath Keepers and Proud Boys.
  • The total amount of taxpayer money that will be distributed to the defendants through the DOJ's newly established compensation fund.
  • Whether appellate courts will attempt to intervene or issue rulings on the underlying merits of the seditious conspiracy charges now that they are vacated.

Key terms

Seditious Conspiracy
A federal crime involving two or more people conspiring to overthrow the U.S. government or use force to prevent the execution of federal law.
Prosecutorial Discretion
The authority of the government to decide which criminal charges to bring, and conversely, which cases to abandon or dismiss.
Motion to Vacate
A formal legal request asking a court to cancel or invalidate a previous judgment or conviction.
Commutation
A form of executive clemency that reduces or eliminates a prison sentence, but unlike a pardon, does not erase the underlying criminal conviction.

Frequently asked

Why did the judges dismiss the cases if they disagreed with it?

Under the U.S. legal system, the executive branch (the DOJ) has broad prosecutorial discretion. If the government refuses to pursue a case, a judge generally cannot force them to maintain the prosecution.

Were the defendants still in prison?

No. President Trump had already commuted their sentences in 2025, freeing them from prison, but their felony convictions had remained on their records until these rulings.

Did Enrique Tarrio's conviction get dismissed in this ruling?

Tarrio was not included in these specific dismissal motions because he had already received a full, unconditional pardon from President Trump, which completely erased his conviction.

What happens to the historical record of these trials?

The criminal convictions are legally erased, and the Justice Department has reportedly begun removing press releases and online archives documenting the prosecutions from its official website.

Sources

Source coverage

8 outlets

4 viewpoints surfaced

Department of Justice 30%Presiding Judiciary 30%Government Watchdogs 25%Pardoned Defendants 15%
  1. [1]The GuardianPresiding Judiciary

    US judge dismisses Jan 6 seditious conspiracy convictions against Oath Keepers

    Read on The Guardian
  2. [2]PBS NewsPresiding Judiciary

    Judge dismisses remnants of Proud Boys' Jan. 6 seditious conspiracy case

    Read on PBS News
  3. [3]CBS NewsDepartment of Justice

    DOJ moves to dismiss Jan. 6 convictions against former Proud Boys and Oath Keepers

    Read on CBS News
  4. [4]QuartzGovernment Watchdogs

    Justice Dept. Seeks to Erase Jan. 6 Sedition Cases and Wipe Online Records

    Read on Quartz
  5. [5]Associated PressDepartment of Justice

    DOJ moves to erase seditious conspiracy convictions of Oath Keepers, Proud Boys

    Read on Associated Press
  6. [6]U.S. District Court for the District of ColumbiaPresiding Judiciary

    Order Granting Motion to Dismiss - U.S. v. Rhodes et al.

    Read on U.S. District Court for the District of Columbia
  7. [7]Department of JusticeDepartment of Justice

    Motion to Vacate Convictions in the Interests of Justice

    Read on Department of Justice
  8. [8]Citizens for Responsibility and Ethics in WashingtonGovernment Watchdogs

    DOJ's Jan. 6 Compensation Fund is a Misuse of Taxpayer Money

    Read on Citizens for Responsibility and Ethics in Washington
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