(CNN) — A federal judge on Friday dismissed the seditious conspiracy case against several Proud Boys members — granting a request from Trump’s Justice Department and undoing one of the Biden administration’s most celebrated victories against those who it said inspired the January 6, 2021, attack on American democracy.
US District Judge Timothy Kelly, a Trump appointee, begrudgingly agreed to drop the case against the four members, saying he “lacks the authority to compel the Executive to pursue a prosecution, full stop.”
“President Trump’s views about the prosecution of those who attacked the U.S. Capitol on January 6—whether those views are based on fact or fiction—are well known, as is his intention to extend clemency to them through the Executive Order,” Judge Kelly said, referring to Trump on his first day back in office signing an order commuting their sentences.
Trump’s order granted pardons to over 1,000 people convicted in the attack but left in place the convictions of the four Proud Boys members — Ethan Nordean, Joseph Biggs, Zachary Rehl and Dominic Pezzola.
In April, the Justice Department under Todd Blanche moved to vacate their convictions.
Dismissing the case against the Proud Boys associates erases some of the most serious convictions from the sprawling investigation of the US Capitol riot, one of the largest federal investigations in US history. Nordean, Biggs and Rehl were found guilty in 2023 of seditious conspiracy and a range of other charges. Pezzola was found not guilty of seditious conspiracy but convicted on other charges related to January 6.
The US district judge who sits in Washington, DC, said in his order that the Trump administration sought to “treat this case essentially the same way it has all January 6 cases, without regard for the seriousness of the conduct at issue or even whether the case was initiated after President Biden took office or, like this one, while President Trump was still in power.”
“The decisions to issue the Executive Order and to abandon this prosecution—even after the Government secured convictions for serious crimes relating to the attack on the Capitol on January 6—are solely the Executive’s,” Kelly continued. “No one should mistake the Court’s granting of the Government’s motion for its agreement with those decisions.”
Rehl, one of the Proud Boys members, celebrated the dismissal in a post on X, saying, “Finally, it’s all over! January 6th can now be a thing of the past for me!”
Enrique Tarrio, the former leader of the group who had also been pardoned by Trump, was also quick to boast on X Friday night: “Justice is served! Proud Boys don’t lose. We win. This is our victory.”
Trump has long lambasted the January 6 prosecutions as an injustice against his supporters, even referring to those in jail as “hostages.”
The president has repeatedly called January 6, 2021, “a day of love and peace” and claimed his supporters posed “zero threat.” His comments are contradicted by hundreds of video clips of Trump supporters beating police with flagpoles, batons, wooden clubs and baseball bats; deploying stun guns and chemical sprays; and engaging in hand-to-hand combat with police officers.
The judge, calling the insurrection “a perilous event,” said it was “an attack on people, including police officers, many of whom were injured. It was an attack on a coordinate branch of government—Congress—that the Founders saw fit to give a place of primacy in Article I of the Constitution. And it was an attack on the Constitution’s mechanism to facilitate the peaceful transfer of power from one president to the next, what President Reagan called ‘nothing less than a miracle.’”
Closing his order with a somber warning, Kelly said, “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 through our constitutional framework.”
The-CNN-Wire
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