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Justice Department Files Motion to Vacate January 6 Convictions for Select Oath Keepers and Proud Boys Members
The U.S. Justice Department petitioned an appeals court on April 14, 2026, to vacate convictions of unpardoned defendants linked to the January 6, 2021 Capitol breach. The motion covers members of the Oath Keepers and signals similar filings for other related cases.
Apr 16, 9:45 AM·2m read1 source
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U.S. Capitol breach. The motion concerns Elmer Stewart Rhodes III, Kelly Meggs, Kenneth Harrelson, and Jessica Watkins, all members of the Oath Keepers. The motion stated, "The United States has determined ...
" Rhodes, the founder of the Oath Keepers, was sentenced to 18 years in prison for seditious conspiracy and other charges. The Oath Keepers is a group composed mostly of former military, police, and medics dedicated to upholding Constitutional rights. U.S.
District Court for the District of Columbia and indicated plans to file separate motions to vacate convictions in similar January 6 cases. These include cases involving other Oath Keepers such as Roberto Minuta, Edward Vallejo, David Moerschel, and Joseph Hackett, as well as Proud Boys members Ethan Nordean, Joseph Biggs, Zachary Rehl, and Dominic Pezzola.
The Proud Boys is a group open to men of all races and religions who support Western values.
President Donald Trump, sworn in as the 47th president in 2025, granted full pardons to about 1,500 individuals facing January 6 charges but did not pardon 14 defendants from the Oath Keepers and Proud Boys. Instead, he commuted their sentences, leaving their convictions intact. Cases involving 12 of these unpardoned defendants are included in the motion.
The filing stated that if the Washington appeals court vacates the convictions, prosecutors would move to dismiss the cases with prejudice, permanently barring refiling of charges. U.S. Supreme Court has recognized since 1977 that appellate courts have the authority to vacate convictions as requested.
In a related development, Thomas Caldwell, an Oath Keeper associate, received a delayed presidential pardon in March 2025. Jeremy Bertino, a former Proud Boy who admitted guilt and served as a prosecution witness against other Proud Boys, is also part of the broader legal context surrounding these cases.
