Judge Seeks DOJ Explanation on Bid to Vacate Convictions for Unpardoned Jan. 6 Defendants

All defendants belonged to the Oath Keepers charged in the Jan. 6, 2021, breach of the U.S. Capitol.

Oath Keepers founder Stewart Rhodes speaks to members of the media outside the D.C. Central Detention Facility in Washington on Jan. 21, 2025. Roberto Schmidt/AFP via Getty Images

A judge on Friday deferred ruling on the Department of Justice’s (DOJ) motion to vacate convictions of unpardoned defendants charged in connection with the Jan. 6, 2021, U.S. Capitol breach, citing the need for more information.

This stemmed from the DOJ’s May 22 motion to dismiss with prejudice the indictment on Oath Keepers members Elmer Stewart Rhodes III, Kelly Meggs, Kenneth Harrelson, Jessica Watkins, Roberto Minuta, Edward Vallejo, David Moerschel, and Joseph Hackett. If granted, the dismissal would bar prosecutors from refiling the charges.