Source: Fox News
Summary
A Trump-appointed federal judge, Timothy Kelly, has reluctantly dismissed the Jan. 6 prosecution of four Proud Boys members, citing longstanding separation-of-powers principles that leave charging decisions to the executive branch. The Justice Department had moved to dismiss the case with prejudice against Ethan Nordean, Joseph Biggs, Zachary Rehl, and Dominic Pezzola after a federal appeals court vacated their convictions. The move comes after President Donald Trump’s executive order commuting their sentences and issuing full pardons to former Proud Boys Chairman Enrique Tarrio and hundreds of other Jan. 6 defendants.
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As expected, the matter has reached another stage.
The judge’s decision was a formality, as the Justice Department had already decided to drop the case. The convictions had already been vacated, and the judge lacked the power to force the prosecution to continue. The Proud Boys members were accused of serious crimes related to the Jan. 6 Capitol attack, including seditious conspiracy and assaulting police. The judge sharply rebuked the actions of the Jan. 6 rioters, but ultimately had to follow the law. The dismissal is a victory for the Proud Boys, who celebrated on social media.
One observation: the performance of justice is often a matter of following the script, even when the outcome is already known.
Author: Evan Null
