Proud Boys leader pleads not guilty to seditious conspiracy ahead of panel hearing

WASHINGTON (CN) — Former Proud Boys leader Enrique Tarrio pleaded not guilty on Thursday to seditious conspiracy in connection with the Jan. 6, 2021, Capitol attack, just hours before the House committee tasked with investigating last year’s deadly insurrection holds a primetime televised hearing.  

Tarrio’s not guilty plea comes three days after the Justice Department unsealed a third superseding indictment charging him and four other Proud Boys members with seditious conspiracy related to the U.S. Capitol riot. Prior to this week’s development, 11 Capitol riot defendants had been charged with seditious conspiracy – all of whom are affiliates of the Oath Keepers, another right-wing extremist group.   

During Thursday’s hearing, a defense attorney for the Proud Boys questioned the Justice Department’s decision to bring the trumped-up charge – without any new allegations – just before the House Jan. 6 committee hearings are set to resume during a primetime national television slot Thursday night.

“The only explanation that makes any sense … is the government is timing this indictment to coincide with the hearing on Capitol Hill,” said attorney Nick Smith. 

U.S. District Judge Timothy Kelly, a Donald Trump appointee, decried that claim, telling the defense attorney that it is “unwarranted” to make such “sweeping conclusions.” 

Prosecutors also denied the allegation, telling the judge that for the defense to suggest “this has been timed in some way to coincide with that … [is] not true.” 

They said the government “objects” that there is “any coordination” going on between “this office and the House Select Committee."

“So, full stop on that,” one prosecutor said. 

As the Justice Department tells it, the charges in the third superseding indictment were “predicated on the facts as they were set forth” in the second superseding indictment, which explains why there is “substantial overlap” in the allegations. 

Prosecutors said they chose to file the third superseding indictment simply because the conduct alleged in the second superseding indictment may have risen to “multiple crimes.” 

Although Tarrio did not physically breach the Capitol building where a session to confirm the 2020 election results was underway, prosecutors claim he was aware of talks surrounding a plan to breach the building that day, including discussions about occupying buildings within the Capitol complex.  

He is said to have communicated with an unnamed person about plans to occupy “crucial buildings” with “as many people as possible” to “show our politicians We the People” are in charge.   

“I’m not playing games,” Tarrio allegedly told the person.  

Also named in the third superseding indictment are Ethan Nordean, 31, of Auburn, Washington; Joseph Biggs, 38, of Ormond Beach, Florida; Zachary Rehl, 36, of Philadelphia; and Dominic Pezzola, 44, of Rochester, New York. 

“On Jan. 6, 2021, the defendants directed, mobilized and led members of the crowd onto the Capitol grounds and into the Capitol, leading to dismantling of metal barricades, destruction of property, breaching of the Capitol building, and assaults on law enforcement,” according to the new indictment. 

The indictment charges them each with one count of seditious conspiracy and one count of conspiracy to prevent an officer from discharging any duties. Each of the defendants are now facing nine charges, and Pezzola is also facing a robbery charge. 

Pezzola and Biggs also entered not guilty pleas on Thursday, while Nordean and Rehl will be arraigned at a later date. 

The defense renewed a motion to extend the briefing schedule in light of the new charges. The government also asked for 10 days to file a response, but Kelly ordered the Justice Department to reply by Monday, citing the “time-sensitive” nature of the case.  

The parties are due back in court for a status conference next Thursday. 

Also on Thursday, the FBI raided the home of Ryan Kelley, a GOP candidate in Michigan’s gubernatorial race. Kelley was arrested and charged with four misdemeanors, including disorderly conduct and unlawfully entering a restricted building. He faces up to 10 years in prison if convicted on all charges.  

The Justice Department has charged more than 840 people in connection with the Capitol riot. As of June 8, about 246 people have pleaded guilty to misdemeanors, 59 have pleaded guilty to felonies, and at least 80 people have been sentenced to incarceration. 

Follow @EmilyZantowNews

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