On April 14, 2026, the U.S. Department of Justice (DOJ) took significant steps toward dismantling some of the remaining convictions from the January 6, 2021, Capitol riot by requesting a federal court to vacate the convictions of a dozen former members of two far-right groups, the Proud Boys and the Oath Keepers. Most of these individuals had been convicted of seditious conspiracy, among other serious charges related to the attack on the U.S. Capitol. This move represents an effort to erase some of the final Capitol riot-related convictions that have persisted in the justice system.
The context of this development traces back to shortly after former President Donald Trump left office. Within hours of his departure in early 2025, Trump issued pardons for nearly all individuals convicted in connection with the January 6 riot. However, 14 people-among them the 12 individuals referenced by the DOJ in this new filing-did not receive full pardons but instead had their sentences commuted to time served. This meant they were released from prison but their convictions remained on their records.
Among those whose convictions are now targeted for vacating is Stewart Rhodes, the founder of the Oath Keepers and one of the most prominent defendants from the January 6 cases. Rhodes was convicted of seditious conspiracy and other charges after prosecutors argued that he and fellow Oath Keepers members had plotted to violently oppose the lawful transfer of presidential power following the 2020 election. On the day of the Capitol attack, Rhodes reportedly coordinated activities as a group of Oath Keepers marched toward the Capitol building. For his role, Rhodes received an 18-year prison sentence.
The DOJ's filing also includes four members of the Proud Boys, a far-right group heavily involved in the Capitol breach. Among them is Ethan Nordean, a top leader of the Proud Boys, who was sentenced to 18 years in prison for seditious conspiracy alongside Joseph Biggs and Zachary Rehl. Another high-profile defendant among those included is Dominic Pezzola, who became widely known after videos showed him smashing a Capitol window with a riot shield during the attack. Pezzola was convicted on multiple counts, including assaulting law enforcement officers, robbery involving government property, and obstruction.
The Justice Department had previously emphasized the key roles that Nordean and Pezzola played in the insurrection. They participated in every major breach of Capitol security, leading Proud Boys in dismantling barricades, entering the Capitol, assaulting officers, and damaging property.
The recent DOJ request to vacate these convictions involves three separate appeals where the defendants had challenged their verdicts. The department has asked federal appeals courts to vacate the lower court judgments with prejudice, meaning the cases cannot be retried or reopened in the future.
In one of the filings, federal prosecutors from the U.S. Attorney's Office in the District of Columbia, led by U.S. Attorney Jeanine Pirro, stated: "In the Executive Branch's view, it is not in the interests of justice to continue to prosecute this case or the cases of other, similarly situated defendants." The prosecutors also noted that the defendants' attorneys did not oppose the motions to vacate.
The U.S. Attorney's Office declined to comment further on the filings, and the broader Department of Justice did not immediately respond to requests for comment.
Notably, two other prominent defendants were not included in this initial batch of motions. Thomas Caldwell, who aided the Oath Keepers and was acquitted of seditious conspiracy but convicted on other charges, had already been separately pardoned by Trump in March 2025. Jeremy Bertino, a former Proud Boys leader who pleaded guilty to seditious conspiracy in 2022, was also not part of this request.
The DOJ's move has sparked criticism from some legal experts. Greg Rosen, the former chief of the Justice Department's Capitol Siege Section and now a litigation attorney, condemned the decision. He told CBS News that the vacating of convictions "is a reminder of what drove the pardons in the first place-that political violence is acceptable as long as your politics align." Rosen described the situation as "a continuing and sad commentary on the current state of the Department."
The background to these developments includes efforts last year by Trump-aligned attorney Peter Ticktin, who petitioned Justice Department officials to grant full pardons to the remaining January 6 defendants who had not received clemency from Trump. Ticktin, who had represented Rhodes as well as Biggs, Nordean, Rehl, and Pezzola, expressed support for the DOJ's recent move. In a statement to CBS News on Tuesday, Ticktin applauded Jeanine Pirro's decision to seek dismissal of these convictions, calling those involved "patriots" and asserting that the cases "should have never been pursued in the first place."
The DOJ's actions on Tuesday signal an attempt to close out some of the last remaining cases from what has been the largest investigation in the Department's history. More than 1,500 people were arrested over the course of the Capitol riot probe, with the vast majority either convicted or having pleaded guilty to charges ranging from trespassing to assaulting police officers. Over 700 defendants have completed their sentences or received non-incarceratory punishments. Among those charged, more than 170 faced allegations of using weapons such as fire extinguishers or bear spray against law enforcement officers.
Throughout the years following the riot, former President Trump has been a vocal critic of the prosecutions. He has described the defendants as "hostages," claimed they were mostly innocent, and alleged that they were treated "viciously" in prison. Trump has also sought to recast January 6 as a "day of love," fueled by his unsubstantiated claims of voter fraud, and has minimized the severity of assaults on police officers as "very minor incidents."
In summary, the Justice Department's recent filing to vacate the convictions of a dozen key January 6 defendants, primarily from the Proud Boys and Oath Keepers, marks a significant development in the aftermath of the Capitol riot prosecutions. By seeking to undo some of the final seditious conspiracy convictions, the DOJ is effectively erasing portions of the legal consequences faced by these individuals. This move follows Trump's pardons and commutations and has generated both support and strong criticism, reflecting the ongoing political and legal controversies surrounding the events of January 6, 2021.