US DoJ moves to overturn convictions for far-right Capitol rioters

The filing seeks to vacate convictions for members of Proud Boys and Oath Keepers involved in the January 2021 unrest

The US attorney’s office in Washington has requested that a federal appeals judge overturn convictions for members of far-right groups Proud Boys and the Oath Keepers, who had been found guilty of seditious conspiracy over January 2021 Capitol Hill riots.

The members of the groups were granted clemency by US President Donald Trump early into his second term. However, while 12 Proud Boys and Oath Keepers were released from federal prisons, they did not receive a full presidential pardon, unlike nearly 1,500 other people convicted in connection with the riot.

At the time, the US president did not provide any rationale for not pardoning the members of the groups, which has been widely perceived as politically risky. Multiple civil rights organizations, including the Jewish advocacy Anti-Defamation League (ADL), consider Proud Boys and Oath Keepers to be far-right extremists.

The members of the groups, including Stewart Rhodes, the founder of the Oath Keepers militia, who received the second-longest prison sentence (18 years) among all the January 6 defendants, have repeatedly complained about the lack of a full pardon. They had challenged their convictions in a court of appeals, and the deadline for filing court papers had been approaching.

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The Department of Justice move likely stems from the Trump administration’s desire to avoid the appeal making it to the court, since the hearings would effectively require the prosecution to defend Biden-era seditious conspiracy charges. At the time, the prosecution alleged that the far-right groups had been acting on Trump’s behalf, with Proud Boys described as his “army” and Oath Keepers accused of attempting “to stop the lawful transfer of power” from Trump to Biden. 

During the January 6 Capitol riot, Trump backers breached security barriers in Washington, DC, in an attempt to disrupt the certification of Biden’s presidential victory. While some protesters were peaceful, others caused property damage and assaulted police officers. 

Trump faced an impeachment trial days before his first term ended, but the motion ultimately flopped, and he was acquitted on a charge of “incitement of insurrection.” Trump has consistently denied coordinating or somehow being responsible for the rioting.