Trump-appointed judge dismisses seditious conspiracy case against Proud Boys | US Capitol attack
US politics | The Guardian — 2026-07-10 20:58:00 — www.theguardian.com
Judge Cites Trump’s Desire to Excuse Capitol Attackers in Dismissal of Proud Boys Seditious Conspiracy Charges
A federal judge appointed by Donald Trump has acknowledged that the recent dismissal of seditious conspiracy charges against Proud Boys leaders was driven by Trump’s well-known intention to excuse the violence of his supporters during the January 6, 2021, attack on the US Capitol.
Trump’s Position Shapes Legal Outcome
US District Judge Timothy Kelly, in a detailed memorandum, made clear that the Department of Justice’s request to dismiss the prosecutions was motivated not by legal or factual considerations, but by Trump’s desire to extend clemency to those convicted for their roles in the Capitol attack. Kelly wrote, “President Trump’s views about the prosecution of those who attacked the US Capitol on January 6 – whether those views are based on fact or fiction – are well known, as is his intention to extend clemency to them.”
Clemency for Capitol Attackers
Upon returning to office in 2025, Trump commuted the sentences of Proud Boys leaders Ethan Nordean, Joseph Biggs, and Zachary Rehl, who had been convicted of seditious conspiracy and other serious crimes, as well as Dominic Pezzola, who was convicted of assaulting an officer and breaking a Capitol window to allow rioters inside. Trump’s sweeping clemency order covered about 1,500 individuals charged or convicted for participating in the Capitol attack, though their convictions technically remained in place.
Judge’s Reluctant Approval
Judge Kelly noted that the government’s motion to dismiss the charges came after an appeals court vacated the convictions, leaving him with little practical choice. However, he emphasized that the dismissal was “clearly based not on facts or the law, but on Trump’s desire to excuse the violence of his supporters.” Kelly observed, “[T]here is little mystery about why the Government is moving to dismiss this case, or whether dismissal is in fact what the Executive seeks.”
A Stark Warning
In his filing, Kelly reiterated the gravity of the January 6 attack, calling it “a perilous event” and “an attack on people, including police officers, many of whom were injured,” as well as “an attack on a coordinate branch of government – Congress.” He warned that preserving the nation’s constitutional framework requires collective action, regardless of partisan preference.
Conclusion
This case highlights how Trump’s personal views and intentions have directly influenced the legal outcomes for those involved in the January 6 Capitol attack. Judge Kelly’s memorandum underscores the unprecedented nature of this intervention and its implications for accountability and the rule of law in the United States.
Source: https://www.theguardian.com/us-news/2026/jul/10/proud-boys-seditious-conspiracy-case-dismissed