United States v. SARTYUnited States v. SARTY
(January 24, 2025)
I.
A grand jury charged Defendants Seth Sarty and Cepane Jo Sarty by indictment with two felony counts and six misdemeanor counts each for their alleged conduct during the riot at the United States Capitol on January 6, 2021. See Indictment, ECF No. 20. The grand jury charged the defendants with:
- Civil Disorder, in violation of
18 U.S.C. § 231(a)(3) ; - Assaulting, Resisting, or Impeding Certain Officers, in violation of
18 U.S.C. § 111(a)(1) ; - Entering and Remaining in a Restricted Building or Grounds, in violation of
18 U.S.C. § 1752(a)(1) ; - Disorderly and Disruptive Conduct in a Restricted Building or Grounds, in violation of
18 U.S.C. § 1752(a)(2) ; - Engaging in Physical Violence in a Restricted Building or Grounds, in violation of
18 U.S.C. § 1752(a)(4) ; - Disorderly Conduct in a Capitol Building, in violation of
40 U.S.C. § 5104(e)(2)(D) ; - Act of Physical Violence in a Capitol Grounds or Building, in violation of
40 U.S.C. § 5104(e)(2)(F) ; and - Parading, Demonstrating, or Picketing in a Capitol Building, in violation of
40 U.S.C. § 5104(e)(2)(G) .
On January 21, 2025, the Government moved to dismiss the indictment against both S. Sarty and C. Sarty “with prejudice” under
Here, the Government‘s only stated reason for pursuing dismissal with prejudice is that the President has ordered the Attorney General to do so. See Gov‘t‘s Mot. (citing Unnumbered Proclamation, __ Fed. Reg. ____ (Jan. 20, 2025), https://perma.cc/W4NT-4K4S). The Court does not discern—and no party has identified—any defect in either the legal merits of, or the factual basis for, the Government‘s case that would require dismissal. But recognizing that “the Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case,” the Court shall not require a further explanation here. See United States v. Nixon, 418 U.S. 683, 693 (1974).
II.
Dismissals of charges, pardons after convictions, and commutations of sentences will not change the truth of what happened on January 6, 2021. What occurred that day is preserved for the future through thousands of contemporaneous videos, transcripts of trials, jury verdicts, and judicial opinions analyzing and recounting the evidence through a neutral lens. Those records are immutable and represent the truth, no matter how the events of January 6 are described by those charged or their allies.
What role law enforcement played that day and the heroism of each officer who responded also cannot be altered or ignored. Present that day were police officers from the U.S. Capitol Police and those who came to their aid when called: the D.C. Metropolitan Police Department, Montgomery County Police Department, Prince George‘s County Police Department, Arlington County Police Department, and Fairfax County Police Department. Grossly outnumbered, those law enforcement officers acted valiantly to protect the Members of Congress, their staff, the Vice
All of what I have described has been recorded for posterity, ensuring that what transpired on January 6, 2021 can be judged accurately in the future.
III.
For the foregoing reasons, it is hereby ORDERED that:
- The Government‘s [47] Motion to Dismiss is GRANTED;
- The [20] Indictment is DISMISSED WITH PREJUDICE pursuant to
Federal Rule of Criminal Procedure 48(a) ; - The [12] [13] Orders Setting Conditions of Release are VACATED;
- All scheduled proceedings and deadlines in this matter, including the status hearing set for March 31, 2025, the pretrial conference set for May 29, 2025, and the jury trial set to begin on June 2, 2025, are VACATED; and
- All pending motions are DENIED AS MOOT.
The Clerk of the Court is respectfully directed to close this case.
SO ORDERED.
Dated: January 24, 2025
COLLEEN KOLLÁR-KOTELLY
United States District Judge