Zach Rehl, Joe Biggs, Dominic Pezzola CPAC 2025 (courtesy of Zach Rehl)

On the morning of January 20th, hundreds of imprisoned Patriots, along with thousands of supporters and millions of Americans, waited patiently for President Trump to keep his promise of pardoning the January 6th Political Hostages.  

Some became nervous and pessimistic after the first nine minutes of his inauguration. Others recognized that the day was not going as planned due to the weather and hung on to their faith. The majority believed that Trump would “with a swipe of his pen” pardon these men and women suffering behind the walls of the prisons and jails and within the stigma of being a J6 defendant.   

While President Trump’s promise was kept and the pardons were signed,14 J6ers would only receive a commutation. This commutation would secure their release from the prisons they were in, but it did not give them their rights back or remove their felony record for January 6th.  

Rehl, Biggs and Pezzola reunited at CPAC 2025 (Photo courtesy of Z. Rehl)

Attorney Roger Roots has filed a monumental motion to the court for dismissal of charges with prejudice due to outrageous government and prosecutorial misconduct for Proud Boy members Zachary Rehl, Dominic Pezzola and Joseph Biggs. With funding from Treniss Evan’s and Condemned USA this motion was drawn up and filed to seek relief for these men.  

The motion begins with the reminder that, a little over a month ago, the D.C. Court of Appeals issued a per curiam order vacating the District Court’s judgment and remanding the case to that District Court “with instructions to dismiss the case as moot” Docket #: 23-3160 Docketed 09/25/2023 (USA v Dominic Pezzola).  

 Attorney Roots, goes on to say in the introduction: 

 The current administration’s Department of Justice moved 

and argued in the appeal above, and the Court of Appeals found, 

that this case is moot due to President Trump’s pardon 

proclamation on January 20, 2025. The President’s proclamation 

pardoned all January 6 defendants with closed cases. In addition, 

President Trump proclaimed that all live cases would be dismissed 

with prejudice: 

 I further direct the Attorney General to pursue 

dismissal with prejudice to the government of all 

pending indictments against individuals for their 

conduct related to the events at or near the United 

States Capitol on January 6, 2021. 

(View Pardon Here)

Granting Pardons And Commutation Of Sentences For Certain Offenses Relating To The Events At Or Near The United States Capitol On January 6, 2021 – The White House   

View Fullscreen

Roots explains the legal basis for the dismissal while highlighting the many instances of governmental and prosecutorial misconduct. He states how the government withheld exculpatory evidence, which is a clear violation of Brady v Maryland, 373 U.S. 83 (1963). Evidence that could have refuted the many allegations against the defendants was withheld from them and therefore depriving them of a fair trial. Not only the 44,000 hours of video footage but also software programs used, and the disclosure of “Confidential Human Sources” or CHS. There were also more than two dozen plainclothes undercover Metro Police officers. There was the use of altered or missing evidence. Roots highlights the governments use of a document entitled “1776 Returns/Winter Palace”. This document was shown to the jury with suggestions that it was authored by the Proud Boys and used as an outline for January 6th. Although the government knew it was authored and created by the government’s “Intelligence community”. This document would be later be planted in co-defendant Enrique Tarrio’s inbox at their direction. 

***TO HELP FUND THESE LEGAL BATTLES CLICK HERE***

Within the motion, Roots lays out the many reasons that these men should receive complete relief from the court: 

  • Use of False or Misleading Testimony 
  • Political Bias and Selective Prosecution 
  • Entrapment and Government Misconduct 
  • Outrageous Government Conduct 
  • Violation of Defendants’ Sixth Amendment Rights 
  • Jury Stalked, terrified and intimidated 

Just one of these reasons should have led to an immediate mistrial or dismissal. However, the government double downed on over 1500 cases to politically persecute innocent American men and women. The amount of Constitutional and Human Rights that have been violated in all the January 6th cases is egregious and needs to be exposed to preserve and uphold the integrity of our justice system.  

When Treniss Evans, founder of Condemned USA was asked why this motion is important and what should come from its outcome he did NOT hold back. Evans’ replied with “The volume of injustices that occurred in that trial afoul of our expectation of our legal process would have enabled me to print them out and make life-sized paper mâché dolls of the judge and the prosecution team. Not only should America be ashamed of what happened there, but people should be severely punished for their actions namely judge Kelly” 

So now we wait. The new Trump DOJ has until next Thursday to respond and there is obvious hope that they will agree with the motion. However, Judge Kelly and the other DC District Court judges have very big egos and a great deal of power.  So, we will see how Judge Kelly responds to the in-your-face truth he has received in the form of this motion.  

To help Fund These legal efforts, please go to Condemned USA or Click Here. 

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