A federal judge expressed deep regret Tuesday after granting the Justice Department's request to dismiss criminal charges against eight members of the Oath Keepers militia who were convicted of seditious conspiracy for their role in the January 6, 2021, Capitol attack. The decision by U.S. District Judge Amit P. Mehta marks another significant setback for the government’s extensive investigation into the events of that day.
Judge Mehta’s ruling follows a similar recent dismissal of charges against five members of the Proud Boys, another far-right group involved in the Capitol breach. Both rulings signal a major curtailment of the Justice Department’s efforts to hold accountable key participants in what was the largest criminal inquiry in the department’s history.
Despite complying with the government's request, Judge Mehta voiced strong disapproval of the dismissal, stating he wished for “a different ending” and criticizing the move as granting “unearned grace” to the Oath Keepers defendants, including their leader Stewart Rhodes. He emphasized the serious consequences of the attack on both individuals present at the Capitol and the broader political system, underscoring the enduring damage to the peaceful transfer of presidential power—a foundational element of U.S. democracy.
The judge underscored his reluctant obligation to defer to the executive branch, which holds broad discretion in criminal prosecutions, but he clearly articulated his concerns. He lamented that the decision undermines the work of prosecutors and law enforcement and effectively excuses the criminal conduct of the defendants.
Prosecutors initially sought to drop the charges in May, pointing out that while Rhodes and his co-defendants had not received full pardons, they were granted commutations of their sentences when former President Donald Trump issued a sweeping clemency to January 6 defendants on his first day back in office. The Justice Department argued that dismissing the charges served the “interest of justice.”
Judge Mehta rejected claims that the convictions were legally flawed, noting the government never alleged prosecutorial misconduct or presented evidence of an unfair trial. He disputed assertions from Trump and his allies that the defendants were wrongfully convicted or victimized by the judicial process.
The ruling extensively detailed the Oath Keepers’ conduct leading up to and during the Capitol attack. Some members operated as a “quick reaction force” from Virginia, armed with a significant cache of weapons described by a trial witness as the largest seen since his military service. Group chat messages showed the defendants anticipating and endorsing violent action, including statements from Rhodes warning that the country faced a final reckoning on January 6.
On that day, about a dozen Oath Keepers clad in military gear advanced up the Capitol’s eastern steps and breached the building. Half attempted to push past law enforcement near the Senate chamber, while others were present near Speaker Nancy Pelosi’s office. Following the attack, Oath Keeper member Kelly Meggs reportedly boasted of seeking Pelosi.
Judge Mehta’s decision closes a chapter on the government’s prosecution of some of the most prominent January 6 conspirators while leaving unresolved questions about accountability for the events that shook the nation.