The Justice Department asked a federal appeals court Tuesday to throw out the convictions of 12 Proud Boys and Oath Keepers members, marking the opening step toward erasing guilty verdicts for the last major group of January 6 rioters who did not receive full pardons from President Trump.

Trump commuted the lengthy sentences of these defendants—including Oath Keepers founder Stewart Rhodes, who was serving up to 18 years—but declined to issue the full pardons he granted to nearly 1,500 other Capitol rioters on his first day back in the White House last year.

By requesting dismissal, DOJ avoided the awkward position of defending convictions that would have required administration officials to assert the far-right groups were acting on behalf of Trump. During their trial, prosecutors had argued Proud Boys members served as "Donald Trump's army" attempting to stop the lawful transfer of power to President Biden.

Nicholas Smith, a lawyer for convicted Proud Boys member Ethan Nordean, hailed the decision: "We're grateful to the D.O.J. for correctly assessing that seditious conspiracy was misused in this case."