Overview
- U.S. District Judge Timothy J. Kelly granted the Justice Department’s unopposed motion to dismiss with prejudice the 2023 convictions of Ethan Nordean, Joseph Biggs, Zachary Rehl and Dominic Pezzola on Friday, July 10, 2026.
- The dismissal follows a presidential Executive Order issued on the president’s first day back in office that directed the Attorney General to seek dismissal of specified Jan. 6 prosecutions and an April Justice Department motion to vacate these convictions.
- Kelly wrote that he disagreed with the administration’s approach, described the January 6 attack as a grave assault on the constitutional transfer of power, and said the court lacked authority to deny the government’s request.
- Because the judge dismissed the cases with prejudice, the convictions were vacated and federal prosecutors are barred from refiling the same charges against these four defendants.
- Supporters of the defendants celebrated online while critics said the ruling undermines accountability for the Capitol attack and warned it could trigger fights over compensation, prosecutorial discretion and the scope of presidential clemency.