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Trump-appointed judge permanently ends Proud Boys Jan. 6 case, says Constitution left him no choice
A federal judge appointed by President Trump has permanently dismissed the January 6 prosecution of four Proud Boys members, stating that the law gave him no authority to reject the Justice Department's request to drop the case. The dismissal was granted "with prejudice", meaning the charges cannot be refiled, and it brings a definitive end to one of the most prominent prosecutions arising from the 2021 Capitol riot. The judge emphasised that the Constitution left him no choice in the matter.
U.S. District Judge Timothy Kelly issued the ruling on Friday in a seven-page opinion, granting the Justice Department's motion to dismiss the case against Ethan Nordean, Joseph Biggs, Zachary Rehl and Dominic Pezzola. The dismissal followed an earlier decision by a federal appeals court that had already vacated the four men's convictions. Kelly indicated he acted reluctantly, granting the government's request despite the significance of the case.
In short
- Trump-appointed judge permanently dismisses Jan. 6 Proud Boys prosecution.
- Four members' convictions had already been vacated on appeal.
- Judge says the law left him no authority to refuse.
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The case for
Those concerned about this outcome argue that allowing the Justice Department to unilaterally drop serious prosecutions related to a major attack on democratic institutions fundamentally undermines accountability and the rule of law. The judge's evident reluctance suggests the case had genuine merit, yet permanently dismissing charges prevents any future accountability regardless of changed circumstances or evidence, weakening public confidence that justice applies equally to all, particularly when the executive branch can insulate its political allies from prosecution.
The case against
Those supporting the judge contend that the Executive Branch possesses constitutional authority over prosecutorial decisions, which courts lack the power to override without violating separation of powers. The Constitution vests prosecutorial discretion in the Executive, not the judiciary, and allowing judges to reject dismissal motions would constitute judicial overreach and undermine the proper constitutional order. Democratic accountability for executive prosecutorial choices rightfully rests with Congress and the electorate, not with judges substituting their judgment for established executive authority.
Explained simply
On 6 January 2021, supporters of Donald Trump stormed the United States Capitol building in Washington DC whilst Congress met to certify the results of the presidential election. The riot resulted in deaths, injuries and millions of pounds in damage. Since then, hundreds of people have faced criminal charges for their involvement.
The Proud Boys are a far-right militia group whose four members – Ethan Nordean, Joseph Biggs, Zachary Rehl and Dominic Pezzola – were among those prosecuted for their role in the Capitol riot. Their case became one of the most prominent prosecutions to emerge from January 6.
Cases arising from the riot have proceeded through various stages of the American legal system since then. The Proud Boys prosecution has been a particularly significant and closely watched case related to that day.