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The ruling is the latest to highlight how judges across the country have had very different reactions to the charges against the Capitol rioters, and how difficult it can be for the Justice Department to convince courts to keep rioters who are charged with relatively basic initial complaints behind bars, especially as they develop cases before a federal grand jury.
The Justice Department told the court it would seek an appeal to challenge Nordean’s release. The department has appealed several similar decisions across the country.
Trial Judge Brian Tsuchida’s ruling on Monday included putting Nordean on a nighttime curfew, restricting his travel to Washington state and Washington, DC, for court appearances, and banning his communication with other witnesses in the case – which will likely include several Proud Boys who prosecutors say he contacted on Jan.6. Tsuchida did not place him on more restrictive release conditions, such as house arrest or GPS surveillance, or even set a monetary bond amount.
“While you are away, you must maintain good behavior,” Tsuchida said Monday.
Nordean has been detained since his arrest last week and has yet to be released.
He faces charges of aiding and abetting to damage government property, obstruct formal proceedings, enter restricted Capitol grounds, and disorderly conduct.
DOJ argued Norden could be a ‘potentially catastrophic risk’
Prosecutors on Friday argued in some of their strongest terms on the Capitol rioters to date that the Proud Boys could work together to coordinate more attacks on American democracy, should Nordean be released. They also revealed more information about how investigators are prosecuting the actions of the group as a whole in a memo to the court justifying his detention.
“There is no reason to believe that the accused, or any of his Proud Boy associates, is more interested in ‘appeasement’, or less interested in fomenting rebellion, than they are was January 5. If nothing else, the events of January 6, 2021, revealed the size and resolve of right-wing fringe groups in the United States, as well as their willingness to put themselves and themselves. others in danger of advancing their political ideology, “prosecutors said.
“Releasing the accused to join their fold and plan their next attack presents a potentially catastrophic risk of danger to the community,” prosecutors added.
Focus on a larger operation
The note put a new emphasis on the larger Operation Proud Boys and on band leader Enrique Tarrio. Prosecutors described how Tarrio, who was arrested before January 6 and therefore did not attend the riot, spoke to others to prepare for their actions on the day of the riot.
Tarrio does not face federal charges but was indicted in local DC court for his actions during an earlier protest in the capital.
Other Proud Boys are separately charged in connection with the riot, and some, including Hawaiian section founder Nicholas Ochs, have been released and now face conspiracy charges.
Documents filed by prosecutors in the Nordic case revealed how investigators are surrounding the actions of several Proud Boys associates.
The Justice Department described in a file that it found “logs, notebooks and other documents related to Proud Boys operations” as well as a radio system the Proud Boys appeared to have used to communicate on January 6, when law enforcement has searched Nordean’s home, saying prosecutors are gathering evidence that could be used in Nordic and other cases related to the Proud Boys.
Several other associates of the extremist group face separate charges.
Investigators also found his laptop, cell phone and cameras with video and photos, the court record said on Friday.
Federal officials have said repeatedly in recent weeks that they are investigating extremist groups who witnessed the riot – and are considering indicting possible seditious plots. But business is still moving slowly and at an early stage. No case of sedition has been brought.
Use of social media
In his first charges, prosecutors alleged that Nordean used social media to advocate for the protection of the country by the Proud Boys and to travel to Washington, DC, and how he requested contributions to purchase ” protection ”and“ communication equipment ”.
Nordean had actually used social media in the past to improve his standing among the Proud Boys after a video of him hitting a protester at a rally in Portland last year went viral, prosecutors noted.
Nordean’s attorney in Washington state argued he did not tolerate violence and hit the person at the previous rally in self-defense, did not pose a danger to others and would not flee his legal proceedings .
The most serious charge he faces, of aiding and abetting government property, which can be considered a crime of terrorism under the law, was not specific enough in his court record on the extent of damage or on how he allegedly helped destroy police barriers and a window, his defense attorney argued.
“Mr. Nordean’s alleged membership in the Proud Boys does not make him a danger to others or the community,” his defense team wrote in court. “While the government devotes part of its lengthy memorandum to the statements and actions of other suspected members of the Proud Boys, none of the footage suggests that Mr Nordean himself was involved in anything more serious or sinister . “
In Nordean’s case, prosecutors attempted to argue that he had a passport of another man on hand and had expressed interest in leaving Washington state. But his defense attorney said Monday that didn’t show he was ready to flee – and that the passport belonged to his wife’s ex-partner, who he didn’t look like much.
This story has been updated with additional information.
CNN’s Emma Tucker contributed to this report.
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