On Friday, July 10, 2026, U.S. District Judge Timothy Kelly granted the Department of Justice’s motion to dismiss the seditious conspiracy convictions and remaining charges against four top leaders of the Proud Boys: Ethan Nordean, Joseph Biggs, Zachary Rehl, and Dominic Pezzola.


The dismissal, issued "with prejudice," effectively closes the case permanently, preventing any future re-filing of the charges.


Background and Context

The ruling marks the end of one of the most high-profile prosecutions stemming from the January 6, 2021, attack on the U.S. Capitol.


  • Previous Convictions: In 2023, Nordean, Biggs, and Rehl were convicted of seditious conspiracy, while Pezzola was convicted of other serious offenses, including assaulting an officer.
  • Executive Clemency: Following his return to office in 2025, President Donald Trump issued a sweeping executive order granting clemency to approximately 1,500 individuals charged or convicted in connection with the Capitol attack. While he immediately commuted the sentences of these specific Proud Boys leaders, their underlying convictions remained in place until the Justice Department moved to vacate them in April 2026.

The Judge’s Ruling

Judge Kelly, a Trump appointee, signaled that he was granting the dismissal reluctantly. He emphasized that under legal precedent, the executive branch—specifically the Department of Justice—holds the "exclusive authority and absolute discretion" to decide whether to continue a prosecution.


  • Judicial Commentary: In his memorandum, Judge Kelly noted that the move to dismiss was clearly based on the administration's political desire to excuse the actions of the rioters rather than on legal or factual merits. He wrote, "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."
  • Reaffirming the Gravity of January 6: Despite granting the motion, Judge Kelly underscored that his order should not be viewed as an endorsement of the Department of Justice’s decision. He reaffirmed his previous descriptions of the Capitol riot as a "perilous event" and an attack on the constitutional framework and the peaceful transfer of power.


Significance of the Decision

This ruling standardizes the current administration's blanket policy toward January 6 defendants. By dismissing these landmark cases, the government has essentially moved to treat all individuals involved in the Capitol attack—regardless of the severity of their crimes—with the same approach of dismissal and clemency.


The defendants and their supporters have characterized the ruling as a final victory, with some individuals posting on social media that the matter is now fully behind them. Meanwhile, the Department of Justice has largely dismantled its infrastructure for investigating the Capitol riot, including the removal of public databases tracking those prosecutions.