KNOXVILLE, Tenn. (WATE) Prosecutors have responded to a motion filed by a Maryville man to dismiss his conviction in to a 2022 plot to murder federal investigators at the FBI Knoxville Field Office after he was pardoned for his role in the January 6, 2021 insurrection at the U.S. Capitol.

In January, Edward Kelley filed a motion to dismiss his 2024 conviction for the conspiracy to murder federal employees. Prosecutors at the trial explained that Kelley and another man, while on pre-trial release in the January 6 case, developed a “kill list” of FBI agents and others who were involved in the January 6 investigation.

Kelley’s motion argued that President Trump’s executive action that pardoned Kelley of his conviction on 11 charges, including assaulting officers and destruction of property, connected to the insurrection covered all charges “related to” the events on January 6.

The United States responded to that motion in district court, explaining that the case this motion relates to is not about January 6, 2021 or Kelley’s conduct at or near the U.S. capitol, which is covered by the pardon.

“This case is about the defendant’s entirely independent criminal conduct in Tennessee, in late 2022, more than 500 miles away from the Capitol: threatening, soliciting, and conspiring to murder agents, officers, and employees of the FBI, Tennessee Bureau of Investigation, Tennessee Highway Patrol, Maryville Police Department, Blount County Sheriff’s Office, and Clinton Police Department,” the response reads.

Because of this, the prosecution argues that the president’s proclamation does not apply to the case, and that the conviction should not be dismissed.