Trump-appointed judge closes case against Proud Boys, but questions official decision
The magistrate affirmed that he had to comply with the Government's request, although he defended the seriousness of the assault on the Capitol
A federal judge appointed by President Donald Trump formally dismissed the criminal case against five members of the Proud Boys, accused of seditious conspiracy for their participation in the assault on the Capitol on January 6, 2021. However, he made it clear that he did not share the Government's decision and maintained that the law obliged him to accept the request of the Department of Justice (DOJ).
Judge Timothy J. Kelly of the U.S. District Court in Washington issued the order Friday night, calling the events at the Capitol an attack on the peaceful transfer of power, rejecting attempts to downplay the severity of the riot.
The judge says he had no other alternative
In his resolution, Kelly explained that the broad policy of pardons and commutations granted by Trump to nearly 1,600 people prosecuted for the January 6 riots left the court with no alternative of action to keep the case open.
Although he accepted the closure of the process, the magistrate stressed that the attack on the Capitol represented a critical moment for American democracy.
“If we want this nation's experiment in self-government to last another 250 years, the American people will have to preserve, protect, and defend that miracle through our constitutional framework,” wrote Justice Timothy J. Kelly.
This closure marks one of the most relevant investigations
The judicial resolution has a mainly symbolic impact, since the five defendants had previously been sentenced to long prison sentences before receiving pardons or commutations from Trump.
The Proud Boys were considered one of the organizations that played a central role in the violent breach of the Capitol, helping to break police cordons and facilitating the entry of hundreds of protesters into the building.
One of the defendants, Dominic Pezzola, was identified for breaking a Capitol window with a riot shield, creating the first access for the crowd.
After learning of the court decision, Enrique Tarrio, former leader of the Proud Boys, celebrated the ruling on social networks and announced that he will continue with the civil lawsuit filed against the Department of Justice, which he accuses of malicious prosecution.