The Justice Department asked a federal court on Tuesday to vacate the convictions of 12 former members of the Proud Boys and Oath Keepers involved in the Jan. 6, 2021, Capitol riot.
The decision aims to clear the records of the defendants whose prison sentences were previously shortened by President Donald Trump. Most of the 12 individuals were convicted of seditious conspiracy, which is defined as two or more people conspiring to overthrow or use force against the U.S. government.
The request follows a series of commutations issued by Trump shortly after he returned to office last year. While a pardon completely forgives a crime, a commutation only reduces the time a person must serve in prison.
BREAKING: The DOJ moves to vacate the Jan. 6 seditious conspiracy convictions of some former Proud Boys and Oath Keepers. https://t.co/BbYx99QYoZ
— CBS News (@CBSNews) April 14, 2026
Stewart Rhodes, the founder of the Oath Keepers, is among the 12 named in the filings. Rhodes was originally sentenced to 18 years in prison. Prosecutors said during his trial that Rhodes coordinated a group to oppose the transfer of presidential power by force.
The filings also include the four Proud Boys members: Ethan Nordean, Joseph Biggs, Zachary Rehl, and Dominic Pezzola. Nordean and Pezzola were convicted of participating in multiple major breaches of the Capitol.
ERASING HISTORY: Trump’s Justice Department is now moving to erase some of the most serious January 6 convictions.
U.S. Attorney Jeanine Pirro has filed motions asking a federal court to vacate convictions against key members of the Proud Boys and Oath Keepers, including Oath… pic.twitter.com/6h8nXw1jlC
— MeidasTouch (@MeidasTouch) April 14, 2026
According to CBS, the Justice Department asked federal appeals panels to vacate the judgment with prejudice. This legal term means the government cannot bring the same charges against these defendants again in the future.
U.S. Attorney Jeanine Pirro noted in a court filing that stated, “In the Executive Branch’s view, it is not in the interests of justice to continue prosecuting this case or the cases of other, similarly situated defendants,” Pirro’s office said the attorneys for the defendants do not oppose the motion.
The decision has divided legal and political experts. Some see it as a necessary correction, while others view it as a blow to the rule of law.
“I applaud the decision by Jeanine Pirro to move to dismiss these actions, which should have never been pursued in the first place. Donald Trump knows that those who were pardoned for their involvement in the protests of January 6, 2021, were patriots,” said Peter Ticktin, an attorney who has worked on behalf of several defendants. Ticktin said Trump views those involved in the events of Jan. 6 as patriots.
However, the move drew criticism from former Justice Department official Greg Rosen. Rosen previously served as the chief of the department’s Capitol Siege Section.
“It’s a reminder of what drove the pardons in the first place — that political violence is acceptable as long as your politics align,” Rosen said.
Trump has frequently criticized the Jan. 6 investigation. He has referred to the defendants as hostages and described the events of the Capitol as a day of love.
According to Justice.gov, more than 1,500 people were arrested following the 2021 riot. Charges ranged from minor trespassing to assaulting police officers with dangerous weapons. More than 170 people were accused of using items like fire extinguishers or bear spray against law enforcement.
The Justice Department and Pirro’s office declined to provide further information on the Tuesday filings.
