Freed by Trump, Proud Boys and Oath Keepers plan to sue DOJ
- Henry “Enrique” Tarrio, de-facto leader of the extremist street gang the Proud Boys, says he wants 'retribution.'
- Steward Rhodes, whose Oath Keepers kept an arsenal of weapons across the Potomac River during the assault on the Capitol, said he too plans to sue.
- President Trump called the Jan. 6 defendants 'political prisoners' and pardoned or commuted the sentences of 1,600 people after taking office.
WASHINGTON - More than four years after the violent insurrection at the U.S. Capitol, the two men federal prosecutors charged as the principal leaders of the riot were back to announce they’re suing the Justice Department.
Henry “Enrique” Tarrio, de-facto leader of the extremist street gang the Proud Boys, and Stewart Rhodes, founder of the militant anti-government group the Oath Keepers, were joined by several other Jan. 6 defendants at a chaotic roadside press conference in front of the Capitol on Friday.
As counter-protestors chanted insults through bullhorns, Tarrio said he and four other Proud Boys plan to sue the Justice Department for malicious prosecution over their conviction and imprisonment for seditious conspiracy. Last month, President Donald Trump commuted the sentences of Tarrio and Rhodes and pardoned or commuted the sentences of almost 1,600 other Jan. 6 rioters.
Tarrio said he was seeking “retribution” for the years he and his fellow Proud Boys spent in prison.
“They suffered for three years, and those who made them suffer will pay,” Tarrio said. “That is why today we are announcing a lawsuit against the DOJ for their murders, their lies and the endless suffering they have put us through.”
Tarrio and Rhodes were both convicted of seditious conspiracy for their roles in the storming of the Capitol while legislators certified Joe Biden’s 2020 election victory over President Trump. They received sentences of 22 and 18 years respectively. Rhodes said he too will be suing the DOJ in a separate lawsuit, but gave no details.
After the press conference, Tarrio was arrested by Capitol police for allegedly swiping his hand at a protester.
How will Trump's DOJ respond to Jan. 6 lawsuits?
Tarrio was joined by fellow Proud Boys Joe Biggs, Ethan Nordean, Zachary Rehl and Dominic Pezzola, all of whom were imprisoned for their roles in the riot and freed by Trump last month. The five men are all plaintiffs in the coming lawsuit, Tarrio said.
The proposed litigation could set the stage for an extraordinary showdown − or climbdown − between the Jan. 6 convicts and the DOJ.
Ordinarily, the department would quickly swat away such a lawsuit, legal experts told Paste BN. But in the current administration, they said, it’s unclear what path it will take. Trump has shown consistent support for the Jan. 6 rioters, calling them “political prisoners.”
Trump could order the DOJ to allow the lawsuit to continue, rather than filing motions to have it dismissed, said Erwin Chemerinsky, Dean of the University of California, Berkeley School of Law. Trump could also order the department to compensate the convicted seditionists, he said.
“Given that they’ve been convicted, it sounds like a frivolous suit,” Chemerisky said “But could Trump order it be settled? Of course.”
Prosecutors are generally protected from such lawsuits by a host of immunity doctrines, Rick Hasen, a law professor at the University of California, Los Angeles, said.
“The DOJ could decide to settle the case and pay some damages, but if the DOJ decides to fight it I think they would have some very strong grounds,” he said.
A spokesperson for President Trump told Paste BN the administration doesn’t comment on hypotheticals and noted that a lawsuit has not yet been filed.
More Jan 6 lawsuits coming
Rhodes, who led a team of Oath Keepers to the Capitol and whose followers stashed a cache of weapons in a motel room across the Potomac on January 6 for easy access, said he will also file a lawsuit against the DOJ.
Tarrio suggested the Proud Boys could be joined by hundreds more Jan. 6 defendants.
“We do have a lawyer. We'll be announcing that in the coming weeks, but right now, there's the five of us,” he said. “To be honest with you, I think you're gonna see 1,600 people sue the DOJ in one form or another, whether it's class action or personal."