The federal prosecution of four Proud Boys members for their alleged roles in the January 6, 2021, attack on the US Capitol has come to an end after a Trump-appointed judge reluctantly dismissed the case.
US District Judge Timothy Kelly granted the Justice Department's motion to dismiss the case with prejudice against Ethan Nordean, Joseph Biggs, Zachary Rehl, and Dominic Pezzola, citing longstanding separation-of-powers principles that leave charging decisions to the executive branch.
In a seven-page opinion, Kelly explained that the executive branch has the authority to decide whether to pursue a prosecution, and that judges cannot reject a dismissal simply because they disagree with the government's reasoning.
The four men were convicted of various felonies related to the Capitol attack, including conspiracy to obstruct Congress' certification of the 2020 presidential election and destruction of government property. Pezzola was also convicted of assaulting police, robbery, and stealing a Capitol Police riot shield.
The Justice Department initially moved to vacate the convictions and dismiss the case in April, arguing that doing so was "in the interests of justice" following President Donald Trump's executive order commuting the sentences and issuing full pardons to former Proud Boys Chairman Enrique Tarrio and hundreds of other January 6 defendants.
Kelly cited precedent holding that judges cannot require the executive branch to pursue a prosecution, and that denying the motion would not revive the convictions that had already been vacated.
The judge sharply rebuked the actions of the January 6 rioters, calling it an attack on the people, Congress, and the "Constitution's mechanism to facilitate the peaceful transfer of power."
Enrique Tarrio, who was also pardoned for his role in the January 6 riots, celebrated Kelly's dismissal on social media, praising President Trump and the Proud Boys for their resilience in the face of adversity.
The dismissal of the case marks a significant development in the ongoing investigation into the January 6 Capitol attack, and raises questions about the role of the executive branch in deciding whether to pursue prosecutions.
As Kelly noted, the case highlights the importance of preserving and protecting the Constitution's framework for the peaceful transfer of power, and the need for the American people to act together to preserve the nation's experiment in self-government.
