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DOJ asks Ninth Circuit to vacate Jan. 6 rioter’s firearm conviction tied to domestic violence record
Photo: Raw Story - Celebrating 20 Years of Independent Journalism
2026-06-24 12:46   Justice   12

DOJ asks Ninth Circuit to vacate Jan. 6 rioter’s firearm conviction tied to domestic violence record

The Trump Department of Justice has filed a renewed motion asking a federal appeals court to overturn the firearm conviction of Benjamin John Martin, a man convicted of illegally possessing guns following a prior misdemeanor domestic violence conviction.

According to the filing submitted to the Ninth Circuit Court of Appeals, prosecutors argue that Martin’s weapons charges should be vacated because they are connected to events surrounding the January 6, 2021, attack on the U.S.Capitol.

The DOJ contends that the firearms were discovered only as a byproduct of a search warrant executed in connection with Martin’s conduct related to the Capitol riot.

Officials further argue that former President Donald Trump’s pardon of January 6 defendants should extend to Martin’s case, claiming the conviction is sufficiently related to those events to fall within the pardon’s scope.A similar request was previously rejected by a Ninth Circuit panel in March 2025, but the DOJ is now renewing its effort to revisit the ruling.

In its latest filing, the Justice Department stated it does not intend disrespect toward the court’s prior decision but believes relief is still warranted.

The filing also references internal resource constraints, citing staffing shortages and a heavy caseload in federal prosecutors’ offices, particularly due to immigration-related cases.These workload concerns were presented as additional justification for not continuing to litigate the appeal.

The case centers on legal questions about the scope of presidential pardons and whether related criminal charges uncovered during investigations tied to January 6 should also be dismissed under that authority.

Full reading at Raw Story - Celebrating 20 Years of Independent Journalism

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