Federal Judge Dismisses January 6 Seditious Conspiracy Case Against Proud Boys
Proud Boys seditious conspiracy case dismissed
On Friday, July 10, 2026, U.S. District Judge Timothy Kelly granted a request by the Department of Justice (DOJ) to dismiss the seditious conspiracy case against four high-ranking members of the Proud Boys: Ethan Nordean, Joseph Biggs, Zachary Rehl, and Dominic Pezzola. The ruling, issued with prejudice, permanently bars the federal government from refiling these charges, effectively closing one of the most significant criminal prosecutions stemming from the January 6, 2021, attack on the U.S. Capitol.
The Path to Dismissal
The dismissal follows a series of executive and legal actions initiated after President Donald Trump took office in 2025:
- Executive Clemency: Shortly after his inauguration, President Trump issued a sweeping executive order granting clemency to approximately 1,500 individuals convicted in connection with the January 6 riot. While this order initially commuted the sentences of Nordean, Biggs, Rehl, and Pezzola—rather than granting full pardons—it signaled a major shift in the government’s stance.
- Vacating Convictions: In April 2026, the DOJ requested that the U.S. Court of Appeals for the District of Columbia vacate the men’s convictions. The appeals court granted this request in May 2026, remanding the case to the district court for formal dismissal.
Judicial Commentary
Judge Kelly, a 2017 appointee of President Trump, expressed clear reluctance but stated that he lacked the legal authority to compel the executive branch to continue a prosecution it no longer wished to pursue. In his seven-page memorandum, Kelly emphasized that the decision to abandon the case rested solely with the executive branch.
“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,” Kelly wrote. He further clarified that his order should not be interpreted as an endorsement of the administration’s decision, characterizing the January 6 attack as “a perilous event” and an assault on the constitutional requirement for the peaceful transfer of power.
