Federal Judge Dismisses Capitol Attack Case Against Proud Boys: A Closer Look at Judge Timothy J. Kelly's Decision
A federal judge appointed during the Trump administration has agreed to dismiss the Justice Department's case against four Proud Boys linked to the Jan. 6 Capitol attack. Judge Timothy J. Kelly granted the government's motion to end the prosecution of Ethan Nordean, Joseph Biggs, Zachary Rehl, and Dominic Pezzola with prejudice. The convictions of Nordean, Biggs, and Rehl for seditious conspiracy were vacated by an appeals court, while Pezzola was acquitted of that charge but convicted of others. The judge emphasized the seriousness of the crimes but stated that his hands were tied and the dismissal was mandated by an Executive Order signed by Trump.
Judge Kelly clarified that denying the motion would not reinstate the vacated convictions and that the court cannot compel the Executive to pursue a prosecution. He made it clear that granting the government's motion does not imply agreement with the decisions made. Kelly also criticized President Trump's views on the prosecution of Capitol attackers, highlighting the severity of the events on Jan. 6 and the importance of upholding the Constitution's mechanisms for a peaceful transfer of power.
The judge specifically mentioned Dominic Pezzola's role in breaking the Capitol window, allowing rioters to enter the building. He concluded with a warning about the significance of Jan. 6 as a threat to the nation's self-government and emphasized the need for unity to protect it. Some of the defendants were considering seeking compensation from a Trump fund established for those they believed were unfairly prosecuted, but the fund has been discontinued. Trump has hinted at the possibility of reviving the fund despite its cancellation by his administration.