A federal judge has dismissed the seditious conspiracy charges against five members of the far-right Proud Boys group, dealing a significant blow to one of the most serious prosecutions stemming from the January 6, 2021, attack on the US Capitol.
Ruling Details
US District Judge Timothy Kelly ruled on Friday that the government had failed to prove that the defendants conspired to overthrow the government or to oppose by force the authority of the United States. The judge stated that while the evidence showed the defendants planned to enter the Capitol and disrupt the certification of the electoral vote, it did not demonstrate a specific intent to overthrow the government.
The dismissal applies to the seditious conspiracy counts against former Proud Boys leader Enrique Tarrio and four other members: Ethan Nordean, Joseph Biggs, Zachary Rehl, and Dominic Pezzola. However, the defendants still face other charges, including conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and assaulting officers.
Prosecution's Case
The Justice Department had argued that the Proud Boys conspired to forcibly oppose the execution of laws governing the transfer of presidential power. Prosecutors presented evidence of encrypted messages, planning meetings, and the group's actions on January 6, including leading the breach of the Capitol. They claimed the defendants saw themselves as soldiers fighting for Donald Trump and were prepared to use violence to keep him in power.
"The Proud Boys were not at the Capitol on January 6 as tourists," said Assistant US Attorney Jason McCullough during the trial. "They were there as an army, and their goal was to stop the certification."
Defense Arguments
Defense attorneys countered that the government had overreached by applying the seditious conspiracy statute, which dates back to the Civil War era. They argued that the defendants' actions, while illegal, did not amount to an organized effort to overthrow the United States government. "This was a political protest that spiraled out of control, not a coup," said Tarrio's lawyer, Sabino Jauregui.
Judge Kelly agreed in part, noting that the statute requires proof of a conspiracy to overthrow or oppose by force the government, and that the government's evidence fell short of that threshold.
Impact and Next Steps
The dismissal is a major setback for the Justice Department's efforts to hold the most serious offenders accountable for the Capitol attack. Legal experts say it could affect other pending cases involving seditious conspiracy charges, including those against Oath Keepers founder Stewart Rhodes and other members. The Oath Keepers case, which also includes seditious conspiracy charges, is scheduled for trial later this year.
"This ruling is a significant development in the January 6 prosecutions," said former federal prosecutor Barbara McQuade. "It suggests that the government may have overcharged in this case, and it could lead to a more cautious approach in future cases."
The five Proud Boys members remain in custody pending further proceedings on the remaining charges. Their trial on those charges is expected to continue, with the government likely to appeal the dismissal of the seditious conspiracy counts.
"We are reviewing the court's decision and will determine the appropriate next steps," said a Justice Department spokesperson.
