Four members of the Proud Boys extremist group, including its former leader Enrique Tarrio, were convicted on Thursday of seditious conspiracy for their roles in planning and leading the January 6 Capitol attack, in a desperate effort to keep Donald Trump in power after his 2020 election defeat.
The verdicts handed down in federal court in Washington marked a major victory for the US justice department in the last of its seditious conspiracy cases related to the January 6 attack. Prosecutors previously secured convictions against members of the Oath Keepers, another far-right group.
Seditious conspiracy is rarely used but became the central charge against the Proud Boys defendants after the FBI identified them as playing crucial roles in helping storm the Capitol in an effort to interrupt and stop the congressional certification of electoral results.
“Evidence presented at trial detailed the extent of the violence at the Capitol on January 6 and the central role these defendants played setting into motion the unlawful events of that day,” the attorney general, Merrick Garland, said at a news conference at justice department headquarters.
“We have secured the convictions of leaders of both the Proud Boys and the Oath Keepers for seditious conspiracy, specifically conspiring to oppose by force the lawful transfer of presidential power. Our work will continue,” Garland said.
Those convicted now await sentencing. The verdicts were partial, and hours after the initial four were found guilty of seditious conspiracy, the jury found another Proud Boys member Dominic Pezzola, who smashed a window to gain entry to the Capitol, not guilty of seditious conspiracy.
Tarrio, who was not in Washington for the Capitol attack, as well as Ethan Nordean, Joseph Biggs and Zachary Rehl were also convicted of conspiracy to obstruct an official proceeding. All five were convicted of obstructing an official proceeding.
The trial, which lasted more than three months and tested the scope of the sedition law, was particularly fraught for the defense, the prosecution and the presiding US district court judge, Timothy Kelly. Clashes in court and motions for mistrial were frequent.
Trump played an outsized role in the trial, given the reverence the Proud Boys accorded the former president. In closing arguments, the prosecution said they acted as “Donald Trump’s army” to “keep their preferred leader in power” after rejecting Joe Biden’s victory.
The former president has long been considered the linchpin for the involvement of the Proud Boys and others in the Capitol attack when he called for a “wild” protest on 6 January 2021 in an infamous December 2020 tweet and told supporters to “fight like hell” for his cause.
More than a thousand arrests have been made in connection to the Capitol attack and hundreds of convictions secured. Trump was impeached a second time for inciting an insurrection but acquitted by Senate Republicans. He still faces state and federal investigations of his attempted election subversion.
In court, prosecutors said Tarrio and his top lieutenants used Trump’s December tweet as a call to arms and started putting together a cadre that they called the “Ministry of Self-Defense” to travel to Washington for the protest, according to private group chats and recordings of discussions the FBI obtained.
Around 20 December 2020, Tarrio created a chat called “MOSD Leaders Group” – described by Tarrio as a “national rally planning committee” – that included Nordean, Biggs and Rehl. The chat was used to plan a “DC trip” where all would dress in dark tones, to remain incognito.
The prosecution argued that Tarrio’s text messages about “Seventeen seventy six”, in reference to the year of American independence from Britain, suggested the leadership of the Proud Boys saw their January 6 operation as a revolutionary force.
Lacking evidence in the hundreds of thousands of texts about an explicit plan to storm or occupy the Capitol, the prosecution used two cooperating witnesses from the Proud Boys to make the case that the defendants worked together in a conspiracy to stop the peaceful transfer of power.
The first witness, Jeremy Bertino, told the jury the Proud Boys had a penchant for violence and there was a tacit understanding that they needed to engage in an “all-out revolution” to stop Biden taking office, testimony meant to directly support a sedition charge.
The second witness, Matthew Greene, told the jury he did not initially understand why the Proud Boys marched from the Washington monument to the Capitol to be among the first people at the barricades surrounding Congress, instead of going to Trump’s speech near the White House.
Once the Proud Boys led the charge from the barricades to the west front of the Capitol, Pezzola using a police riot shield to smash a window, Greene said he realized there may have been a deliberate effort to lead the January 6 riot.
The prosecution persuaded the judge to allow them to use a novel legal strategy: that though the Proud Boys leaders did not really engage in violence themselves – Tarrio was not even in Washington – they got other rioters to do so, using them as “tools” of their insurrection conspiracy.
The defense protested the ruling allowing prosecutors to show the jury videos of other low-level Proud Boys and random rioters committing violence at the Capitol, saying that it amounted to making the five defendants guilty by association.
Notwithstanding the other evidence, the defense’s complaint was that if the jury had to assess whether the defendants’ limited use of violence alone met the threshold to “destroy by force the government of the United States”, the outcome might have been affected.