Justice Department's Bid to Dismiss Jan. 6 Convictions Condemned by Capitol Defenders
For the law enforcement officers who defended the United States Capitol against a violent mob of Donald Trump's supporters on January 6, 2021, the Justice Department's recent attempt to erase convictions for Oath Keepers and Proud Boys leaders represents a profound betrayal of justice. The DOJ has asked a federal appeals court to throw out seditious conspiracy convictions for former Oath Keepers leader Elmer Rhodes and Proud Boys leader Henry "Enrique" Tarrio, both central figures in the insurrection.
"It Was Bullshit": Police Veterans Voice Anger
"It was bullshit," declared former U.S. Capitol Police Officer Harry Dunn, who is now running for Congress. "Instead of praising the actions of the first responders for protecting elected officials on Jan. 6, Trump and his administration continue their assault on the truth," added former U.S. Capitol Police Sergeant Aquilino Gonell, who fought off over forty rioters and suffered injuries so severe they forced his retirement.
Julie Farnam, who served as assistant director of intelligence for the U.S. Capitol Police during the attack, warned that the DOJ's move signals "an erosion of laws generally" in America. Farnam revealed she had alerted department superiors days in advance about extremists planning to target Congress, but her warnings were ignored.
"What incentive is there to play by the book?" Farnam questioned. "I think people who have nefarious intentions are kind of thinking the same thing, and a lot of people will feel now they can get away with bad things, especially in the political realm and politically motivated violence."
Legal Maneuvering and Presidential Pardons
The Justice Department filed its request on Tuesday, just one day before a scheduled court hearing where the Proud Boys would have argued their appeal. By seeking to dismiss the convictions preemptively, the DOJ avoids having to defend the previous charges in court. Dunn suggested this allows the department to "save face" and avoid potentially having to "lie and possibly get disbarred."
"This isn't about justice or setting the record straight," Dunn asserted. "I think the DOJ is doing this specifically so they don't have to hear the appeal. This is so they don't have to lie or talk bad about Donald Trump."
Both Rhodes and Tarrio received commutations of their prison sentences from Trump last year—Tarrio's 22-year sentence and Rhodes' 18-year sentence were both reduced. Tarrio also received a full pardon. If the appeals court grants the DOJ's request, both men would have their convictions completely wiped clean.
Contradicting "Tough on Crime" Rhetoric
Gonell noted the irony of the administration's actions contradicting its claims of being tough on crime. "If this administration really supports the police, law and order and the rule of law, it wouldn't be fighting so hard to rewrite or erase the violent history of the attack on our democracy and my colleagues," he stated.
The convictions followed months-long trials where jurors reviewed extensive evidence including:
- Witness testimony from multiple sources
- Surveillance footage from the Capitol
- Police bodycam recordings
- Communications from the Proud Boys themselves
Evidence revealed how Oath Keepers established a massive weapons arsenal at a hotel outside Washington, D.C., for a "quick reaction force" and how Rhodes called on Trump to deploy his militia to aid the insurrection. The Proud Boys had spent months recruiting members before storming the Capitol to incite violence.
Broader Implications and Growing Threats
The Justice Department under Trump has seemingly reversed much of what was achieved during Joe Biden's administration's January 6 investigation. Prosecutors from the original probe have been fired, while others who brought cases against Trump were purged or demoted.
Farnam, who also spent fifteen years at the Department of Homeland Security, expressed concern that the DOJ's treatment of these extremist groups might encourage more political violence. "With Trump in office, far-right extremists don't 'have to be in the shadows anymore,'" she observed. "They have been fully embraced."
Although the Proud Boys and Oath Keepers are less prominent than during Trump's first term, their tactics have inspired others. Threats against members of Congress, their families, staff, and the Capitol building itself have surged dramatically:
- In 2024, approximately 9,400 threats were reported
- By 2025, that number jumped to nearly 15,000
"We've seen it directed at Democrats," Farnam noted. "We've seen it directed at Republicans. People feel empowered to be able to do bad things because they think they will have support, they will be a hero, even if they are picked up and charged."
Financial Consequences for Taxpayers
Dunn highlighted the financial burden falling on American taxpayers from related legal actions. Last May, the Justice Department paid $5 million to the family of Ashli Babbitt, a January 6 rioter fatally shot by an officer. Tarrio and fellow Proud Boys have sued the United States for $100 million, alleging vindictive prosecution, while other rioters have filed a class-action lawsuit against Capitol Police.
"Who paid for Ashli Babbitt's settlement money? It came from the government," Dunn emphasized. "That $100 million the Proud Boys are seeking, that will be coming from the government if they win. That will come from taxpayer money. That's what people need to understand: who is paying for this. It's the people reading this right now."
He added, "We have paid for it in anger, anguish and gaslighting and physical pain. We've dealt with that, but the American public now has to deal with the pain financially."
Dunn concluded with a pointed observation about the ongoing political discourse: "This gaslighting happens weekly. For a group of people—the Republicans and Jan. 6 apologists and MAGA Republicans—who want to move on from Jan. 6, they sure keep bringing it up."
