A federal judge on Friday agreed to dismiss the convictions of four members of the far-right Proud Boys group for their actions in the Jan. 6, 2021, Capitol riot.
U.S. District Judge Timothy Kelly signed off on the Justice Department’s move to dismiss the convictions against Ethan Nordean, Joseph Biggs, Zachary Rehl and Dominic Pezzola, but not before saying that
President Trump’s views about Jan. 6 are based on “fiction,” while also citing a lack of other levers he could pull to stop the move.
“There is little mystery about why the Government is moving to dismiss this case, or whether dismissal is in fact what the Executive seeks,” Kelly wrote in his memorandum. “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.”
In 2023, Nordean, Biggs and Rehl were convicted of seditious conspiracy and all sentenced to lengthy prison terms.
Pezzola became one of the more recognizable faces of the attempted insurrection after video showed him smashing a Capitol window with a riot shield. He was convicted of assaulting or resisting officers, robbery involving government property, obstruction and other charges.
The Justice Department said at the time that Nordean and Pezzola “participated in every consequential breach at the Capitol,” leading a group of Proud Boys onto the Capitol grounds, resulting in the dismantling of barricades, breaching of the Capitol building, assaults on police and destruction of property.
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Immediately after taking office in January 2024, Mr. Trump pardoned about 1,500 people who had been convicted for their actions on Jan. 6. However, in his proclamation at the time, he commuted the sentences of 14 people to time served, but kept their convictions in place. Biggs, Rehl, Nordean and Pezzola were among them.
In April, the Justice Department moved to vacate the convictions against a dozen former members of the right-wing Proud Boys and Oath Keepers, most of whom were convicted of seditious conspiracy.
Kelly’s ruling Friday was a procedural measure after a panel on the U.S. Court of Appeals for the District of Columbia signed off on the dismissal of the convictions in May, and sent the case back down to him.
“It is unclear what the Court would do with more detailed information about the Government’s reasons for seeking to dismiss,” Kelly said in his decision. “… It is hard to see how any course other than granting the motion in full could make practical sense.”
CBS has reached out to the Justice Department for comment.