Conviction of Washington state Jan. 6 defendant is vacated by appeals court

Lauren Girgis, The Seattle Times on May 22, 2026

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A Washingtonian who was convicted after participating in the Capitol riot on Jan. 6 had his judgment overturned Thursday by an appellate court.

Ethan Nordean, an Auburn man and member of the far-right extremist group the Proud Boys, was sentenced to 18 years in federal prison in 2023 after a jury convicted him of seditious conspiracy, obstructing Congress’ certification of Joe Biden’s election victory and obstructing law enforcement.

The Department of Justice filed an unopposed motion in the U.S. Court of Appeals for the District of Columbia in April, arguing the dismissal was “in the interests of justice” because of Trump’s commutation of their sentences. On Thursday, a judge granted that request.

The move comes as the Trump administration announced a $1.8 billion Anti-Weaponization Fund, which the Justice Department has said will be used to compensate people “who suffered weaponization and lawfare” under previous presidential administrations. Some have described it as a “slush fund” for Trump supporters who attacked the Capitol and denied the 2020 election results.

Two police officers who defended the U.S. Capitol filed a lawsuit in federal court arguing the fund is illegal.

Nordean was convicted of leading rioters into the Capitol in 2021 and was released from prison after President Donald Trump issued a sweeping order pardoning and commuting the sentences of rioters hours into his presidency in 2025.

Nordean’s conviction was vacated alongside three other prominent defendants: Joseph Biggs, Zachary Rehl and Dominic Pezzola. Nordean’s sentence was among the longest dished out to Jan. 6 rioters: Then-Attorney General Merrick Garland said after Nordean’s conviction that he played a “central role” in the attack.

Trump commuted their sentences, allowing them to be released from prison, but did not issue pardons. Vacating the convictions allows previous rights to be restored, like owning a firearm.

The men’s cases will be remanded to the district court, and the government is expected to move to dismiss their indictments with prejudice — meaning they could not be retried.

Last year, Nordean joined a $100 million lawsuit filed by several participants in the attack against the Department of Justice, alleging the government’s prosecution of them violated their constitutional rights.