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Nordean’s release, however, might not happen. Prosecutors say they intend to appeal the ruling and seek a stay of Tsuchida’s order. Tsuchida agreed to stay the effect of her decision once they filed their appeal.
The FBI accused Nordean of entering the Capitol through a broken window, along with other members of the Proud Boys, whom they have increasingly described as organizing a coordinated assault on the building.
Nordean’s attorney, Corey Endo, said the passport discovered by investigators could not be plausibly taken as evidence of his intention to flee the country. On the contrary, she said, the image bears no resemblance to her and Nordean voluntarily submitted to arrest after his wife informed him that investigators had come to their home. The evidence linking Nordean to the Capitol’s broken window – despite footage of him walking through it – is thin, his lawyer argued, and he has no other criminal history.
Prosecutors urged the investigating judge to detain Nordean, describing the charge of destruction of property as part of a cluster of federal crimes linked to “terrorism” and calling the evidence “overwhelming.” They also noted his comments on social media fanning “rebellion” and encouraging violent revolt.
Washington, DC, Federal District Court top judge Beryl Howell has repeatedly ruled to uphold similar release orders issued against suspected Capitol insurgents across the country, though she recently agreed to release. a local official from New Mexico who was on Capitol Hill.
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