DC Attorney General Drops Lawsuit Against Proud Boys and Oath Keepers Under KKK Act
In a stunning reversal, the DC Attorney General’s Office has dismissed its lawsuit against the Proud Boys and Oath Keepers—a case that sought to hold them financially liable for the events of January 6, 2021 under the Ku Klux Klan Act.
The lawsuit, initially filed in December 2021 by then-DC Attorney General Karl Racine, aimed to bankrupt the two organizations by claiming they conspired to commit a terrorist attack on the U.S. Capitol. However, in a motion filed earlier this month, the DC Attorney General’s Office requested to dismiss the case with prejudice, meaning it cannot be refiled.
Legal and Political Implications
This dismissal follows a series of pardons and commutations granted by President Donald Trump to members of the Proud Boys and Oath Keepers after his 2025 inauguration. The move has fueled speculation about further exonerations and restoration of rights for those convicted.
Former Proud Boys leader Enrique Tarrio, who had been sentenced to 22 years in prison but later had his sentence commuted by Trump, responded on social media with a Bible verse from Romans 8:31:
“If God is with us… Who can be against us.”
This signals a major setback for the Biden-era lawfare waged against conservative and nationalist groups under broad interpretations of domestic terrorism laws.
Background of the Case
The lawsuit was one of the most aggressive attempts to use the Ku Klux Klan Act of 1871—a Reconstruction-era law designed to combat white supremacist violence—against a modern political group. It sought steep financial penalties, arguing that the organizations interfered with government functions by participating in the January 6th riot.
At the time, Racine compared the event to 9/11, stating:
“It was like 9/11, a planned terrorist attack, but this time, our own citizens were hell-bent on destroying the freedoms and ideals on which our country was founded.”
However, the case quickly ran into legal trouble, with defense attorneys and independent legal experts questioning whether the KKK Act—historically used against white supremacist terror groups in the South—could reasonably be applied to right-wing nationalist organizations without clear evidence of conspiracy or premeditation.
The prosecution also suffered multiple credibility blows, including:
- Key witnesses being caught lying under oath.
- Lack of a coordinated plan to “overthrow the government.”
- Evidence that some defendants were not even in DC on January 6.
Broader Implications
The lawsuit’s collapse is part of a larger pattern in which cases against conservative activists—particularly those related to January 6th—have been overturned, dismissed, or softened as new evidence emerges.
Other high-profile cases using the KKK Act have also failed in court, including:
- A lawsuit against a Colorado voter canvassing group that inquired about voting methods and residency verification—both of which are public records.
- Multiple unsuccessful attempts to use the KKK Act against conservative activists and Trump allies.
With the lawsuit now officially dismissed, members of the Proud Boys and Oath Keepers are pushing for full pardons and restoration of their civil rights—a move that could set a powerful precedent for post-J6 prosecutions.
What Comes Next?
Legal experts predict this could impact other politically charged cases, especially as Trump continues to challenge narratives around January 6.
Meanwhile, left-wing activist groups that supported lawfare against Trump’s allies are scrambling to regroup, with some calling for new federal actions or even international legal pressure.
One thing is clear: the legal and political tide is shifting, and the weaponization of the Ku Klux Klan Act against political opponents may have reached its limit.