Judge Timothy Kelly Dismisses Seditious Conspiracy Case Against Proud Boys

Federal Judge Dismisses Seditious Conspiracy Case Against Proud Boys

U.S. District Judge Timothy Kelly, a Trump appointee, begrudgingly agreed to drop the indictment with prejudice against four members: Ethan Nordean, Joseph Biggs, Zachary Rehl, and Dominic Pezzola. The dismissal permanently bars the federal government from bringing the same charges against the four defendants again.

Executive Authority and the Court’s Ruling

In a seven-page opinion, Judge Timothy J. Kelly stated that he lacked the authority to compel the executive branch to pursue a prosecution. He noted that the executive branch holds broad constitutional authority over charging decisions and that precedent required the court to grant the government’s unopposed motion.

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, Judge Kelly wrote, referring to an order signed on the president’s first day back in office.

The ruling follows a series of actions by the administration. In April, the Justice Department, under Todd Blanche, moved to vacate the convictions, asking the U.S. Court of Appeals for the District of Columbia to remand the case so prosecutors could seek dismissal, a request the appeals court granted in May.

Kelly emphasized that granting the motion should not be interpreted as agreement with the administration’s decisions. No one should mistake the Court’s granting of the Government’s motion for its agreement with those decisions, he wrote.

Background of the Defendants and Convictions

The case closure erases some of the most serious convictions from the sprawling investigation of the U.S. Capitol riot. Nordean, Biggs, and Rehl were found guilty by a jury in 2023 of seditious conspiracy, conspiracy to prevent an officer from discharging duties, obstruction of law enforcement during civil disorder, and destruction of government property. Pezzola was acquitted of seditious conspiracy but convicted of multiple other felonies, including assaulting police officers, resisting and impeding officers, robbery of personal property of the U.S., and destruction of government property for breaking a Capitol window, which helped create an entry point for rioters.

While President Trump’s executive order granted pardons or commuted sentences for over 1,000 individuals convicted in the attack—including former Proud Boys chairman Enrique Tarrio—the order left the convictions of Nordean, Biggs, Rehl, and Pezzola initially in place before the administration moved to vacate them and dismiss the indictment.

Reactions and Statements on the Dismissal

Following the ruling, defendants and supporters celebrated on social media. Zachary Rehl posted on X: Finally, it’s all over! January 6th can now be a thing of the past for me! Enrique Tarrio also posted on X: Justice is served! Proud Boys don’t lose. We win. This is our victory.

In the final section of his opinion, Judge Kelly described the gravity of the events of January 6, calling the insurrection a perilous event and an attack on police officers, Congress, and the constitutional mechanism for the peaceful transfer of power.

Moving forward, if this Nation’s experiment in self-government is to last another 250 years, the American people—no matter their partisan preferences—will have to act together to preserve, protect and defend that miracle through our constitutional framework, Kelly warned.