Federal Judge Dismisses Proud Boys Seditious Conspiracy Case After Executive Order
U.S. District Judge Timothy J. Kelly dismissed the seditious conspiracy charges against four Proud Boys members, citing separation of powers and an executive pardon that directed the Justice Department to seek dismissal.
A federal judge in Washington dismissed the seditious conspiracy case against four members of the Proud Boys, ruling that the government could move to dismiss the prosecution with prejudice. Judge Timothy J. Kelly, a Trump appointee, granted the Department of Justice’s motion, stating that the decision was based on the constitutional separation of powers rather than the merits of the case.
The defendants—Ethan Nordean, Joseph Biggs, Zachary Rehl and Dominic Pezzola—had previously been convicted of serious offenses, including seditious conspiracy for three of them and other felonies for Pezzola. Their sentences range from 10 to 18 years in prison.
Kelly noted that the court cannot compel the executive branch to continue a prosecution and that the recent executive order issued by former President Donald Trump required the Justice Department to seek dismissal.
“No one should mistake the Court’s granting of the Government’s motion for its agreement with those decisions,” Kelly wrote.
He added a warning that preserving American democracy will require cooperation across partisan lines. The ruling follows a series of actions by the Trump administration aimed at ending prosecutions related to the Jan. 6, 2021, Capitol attack.