Justice Department Seeks to Vacate Seditious Conspiracy Convictions for Jan. 6 Defendants

The U.S. Department of Justice has petitioned a federal appeals court to vacate the seditious conspiracy convictions of leaders from the Proud Boys and Oath Keepers, who were previously sentenced for their roles in the January 6, 2021, Capitol attack.

This request follows President Donald Trump's commutation of prison sentences for several members of these groups in January 2025. While the commutations led to their release, the felony convictions remained on their records. If the court approves the Justice Department's motion, these convictions would be erased, potentially restoring rights such as firearm ownership to the individuals involved.

In the court filings, the Justice Department stated that the motion to vacate is "in the interests of justice." Members of the Oath Keepers and Proud Boys have expressed their approval of this development. Zachary Rehl, a Proud Boys member previously sentenced to 15 years in prison, shared his reaction on social media platform X, stating he is "beyond thrilled right now."

Ed Martin, the U.S. Pardon Attorney, described the move as a triumph and encouraged further action. He noted that families of the January 6 defendants feel "respected" and "loved," but emphasized that more efforts are needed, stating, "You were directly wronged by Biden prosecutors and you deserve more."

This decision marks a significant shift in the Department of Justice's approach under the Trump administration, contrasting with the previous administration's stance, which viewed the January 6 attack as a serious threat to democracy. During the Biden administration, convictions for seditious conspiracy were seen as crucial in holding key orchestrators accountable.

Critics have raised concerns about this reversal. Greg Rosen, former leader of the "Capitol Siege" unit that prosecuted over 1,500 related cases, criticized the move, stating it undermines due process and rewards individuals based on political alignment.

The January 6 attack resulted in injuries to approximately 140 police officers, many of whom have reported lasting physical and mental trauma. Since receiving presidential pardons, several former defendants have faced new charges or convictions for additional crimes.