Trump-appointed judge reluctantly drops January 6 case against Proud Boys
A federal judge has dismissed one of the most consequential criminal cases stemming from the January 6 attack on the U.S. Capitol, throwing out the convictions of four Proud Boys leaders after a Justice Department (DOJ) motion.
U.S. District Judge Timothy Kelly on July 10, 2026, dismissed with prejudice the seditious conspiracy case against Proud Boys leaders in Washington, D.C., after the Justice Department moved to end the prosecution following presidential clemency.
The Trump-appointed judge made clear he was acting under legal constraint, not agreement with the outcome.
The ruling erases some of the most serious January 6 convictions and cements the Trump administration’s effort to dismantle the sprawling federal prosecution tied to the Capitol attack.
It permanently clears charges against Ethan Nordean, Joseph Biggs, Zachary Rehl and Dominic Pezzola, preventing any future federal prosecution on the same counts.
Why It Matters
The dismissal closes out one of the Justice Department’s signature cases from the Capitol riot, in which juries convicted Proud Boys leaders of plotting to disrupt the transfer of presidential power by force.
It also underscores a constitutional reality: courts have limited authority to countermand prosecutorial decisions, particularly when backed by presidential orders and clemency powers.
Key Points
- Four defendants at the center: Ethan Nordean, Joseph Biggs, Zachary Rehl and Dominic Pezzola.
- Convictions erased: All had been convicted of serious felonies in 2023; three of seditious conspiracy.
- Case dismissed “with prejudice”: Charges cannot be brought again by a future administration.
- Trigger event: DOJ motion following a presidential order directing dismissal of January 6-related indictments.
- Scale of clemency: Around 1,500 January 6 defendants were pardoned, with a smaller group—including these four—originally receiving sentence commutations.
- Legal constraint: Judge said he lacked authority to force prosecutors to continue the case.
Judge Says He Had No Real Choice
Kelly, who presided over the original six-month trial, made clear in his ruling that constitutional limits on judicial power drove the outcome.
“In light of fundamental separation of powers principles … the proper course here is for the Court simply to grant the motion in full,” Kelly wrote, adding that “no one should mistake the Court’s granting of the Government’s motion for its agreement.”
He emphasized that once prosecutors decide to abandon a case, courts generally cannot compel them to proceed.
“The court lacks the authority to compel the Executive to pursue a prosecution, full stop,” he said.
That legal framework stems from longstanding precedent recognizing the executive branch’s primacy over charging decisions—rooted in the Constitution’s “take care” clause and the president’s pardon power.
A Rare Erasure of Seditious Conspiracy Convictions
The case had been among the most serious brought after January 6.
A jury in 2023 found Nordean, Biggs and Rehl guilty of seditious conspiracy—a Civil War-era charge involving plotting to oppose the U.S. government by force—as well as other offenses tied to the disruption of Congress.
Pezzola was acquitted of seditious conspiracy but convicted of multiple felonies, including assaulting officers and breaking a Capitol window. This act created one of the first entry points for rioters.
Prosecutors said the group played a central role in organizing and leading breaches of police lines and the Capitol building itself.

Trump’s Clemency Order Set the Chain Reaction
The legal unravelling of the case began with a sweeping presidential proclamation on January 20, 2025.
The order commuted the sentences of several high-profile defendants, including Nordean, Biggs, Rehl, and Pezzola, while granting full pardons to most other January 6 participants
Crucially, it also directed the attorney general to “pursue dismissal with prejudice” of pending cases tied to the attack.
That instruction triggered a cascade:
- April 2026: DOJ asked an appeals court to vacate the convictions.
- May 2026: The appeals court agreed and sent the case back.
- July 2026: DOJ formally moved to dismiss, unopposed by defendants, leading to Kelly’s ruling.
A Judge’s Uneasy Tone
While Kelly granted the dismissal, his opinion carried pointed language indicating disagreement with the underlying policy.
He observed that “there is little mystery” about the government’s move and noted Trump’s views on the prosecution of January 6 cases were “well known,” including his intention to extend clemency.
In other filings, the judge suggested those views may be based on “fact or fiction,” highlighting a tension between judicial findings at trial and the political decisions that followed.
Kelly also reiterated the gravity of the events of January 6, describing the attack as a “perilous event” targeting both police and the constitutional transfer of power.
What ‘With Prejudice’ Means
The dismissal was granted “with prejudice,” a critical legal distinction.
That means the case is permanently closed, and federal prosecutors cannot refile the same charges even under a different administration.
From a legal standpoint, the ruling does not overturn the factual findings of the trial itself—but it removes any enforceable convictions from the record.

How This Fits Into the Wider January 6 Picture
The Proud Boys prosecution was one of the pillars of the Justice Department’s broader effort to hold organizers of January 6 accountable.
At its height, the federal investigation became the largest in U.S. history, encompassing hundreds of convictions across a wide range of crimes.
Trump’s clemency initiative marked a dramatic reversal, aiming to unwind much of that effort—both by freeing defendants and by directing prosecutors to abandon ongoing cases.
The dismissal of this case effectively closes one of the final chapters of that legal campaign.
What Happens Next
There is little immediate legal recourse following the dismissal. Because it was unopposed and granted with prejudice, the case is effectively over.
The broader implications, however, are likely to unfold over time:
- Legal: It reinforces the limits of judicial oversight when prosecutors decline to proceed.
- Political: It may reshape how future administrations approach politically sensitive prosecutions.
- Historical: It alters the legal record around one of the most high-profile prosecutions tied to January 6.
For now, the ruling stands as a stark example of how presidential power—through pardons, commutations and executive directives—can fundamentally reshape the outcome of even the most consequential federal cases.