The Trump Department of Justice is again asking a federal court to erase a January 6 rioter’s gun conviction, per a new court .
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In a renewed motion on Tuesday, the Trump DOJ asked the Ninth Circuit Court of Appeals to vacate the conviction of Benjamin John Martin, who was found guilty of possessing firearms despite a prior misdemeanor domestic violence conviction.
DOJ prosecutors argued the guns surfaced only as “the unexpected byproduct of executing a search warrant” tied to Martin’s actions at the Capitol on January 6, 2021. Trump pardoned Martin and other January 6 rioters, and the DOJ contended the pardon should reach Martin’s gun case.
“The Department has concluded that were it not for Martin’s involvement in ‘the events that occurred at or near the United States Capitol on January 6, 2021,’ his firearms offenses would not have come to light, let alone been prosecuted,” the filing reads. “His convictions are therefore sufficiently ‘related to’ those events to fall within the pardon’s scope.”
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A Ninth Circuit panel rejected the same request in March 2025. DOJ prosecutors wrote in their latest filing that the department “absolutely means no disrespect toward this Court’s prior order by seeking relief through this motion.”
DOJ prosecutors also described “significant staffing shortages” and “uniquely scarce” resources at the United States Attorney’s Office. The filing then listed a slate of immigration cases to argue that the DOJ has a heavy caseload, and warned the panel that continuing to fight Martin’s appeal would drain its resources.
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