But McFadden said the “case closed” ultimately requires detention, in part because Hale-Cusanelli’s behavior and rhetoric has escalated towards potential violence and that he poses a threat to a confidential source who helped identify him.
Hale-Cusanelli is the latest of more than 300 people accused of violating the Capitol to face pre-trial detention, a measure typically aimed at those seen as an “imminent threat” to the safety of their community. He is also the most prominent of several figures arrested for his January 6 actions that have been linked to the ideology of white supremacy.
The Hale-Cusanelli case attracted national attention after prosecutors revealed a treasure trove of white supremacy material on his phone and social media, even as Hale-Cusanelli worked as a contractor at a naval weapons facility in New Jersey and maintained a security clearance. secret level. He was so open about his beliefs that he proudly sported a Hitler mustache to work on, resulting in rebuke from his superiors.
After his arrest, Navy investigators interviewed 44 of his colleagues, who overwhelmingly indicated that they saw Hale-Cusanelli as a white nationalist with anti-Semitic views. Prosecutors revealed on Tuesday that one of 44 colleagues, the sergeant. John Getz was put on administrative leave for writing a letter to the court attesting to the character of Hale-Cusanelli, even after telling investigators a different story.
Prosecutors emphasized that Hale-Cusanelli’s military service should not be a factor in his favor – in fact, they said, his conduct on the Capitol proves that he was willing to violate his oath to the country.
“There is no duty there. There is no honor there. There is certainly no loyalty to that, ”said Assistant Attorney General James Nelson, pointing out the Army’s seven basic principles.
“This is a man who walked proudly with a Hitler mustache, defending Nazi ideology, who ignored all the oaths he took on behalf of the United States army, invaded the Capitol and then went home and talked about how excited he was with that and wanted to participate in a civil war. “
Hale-Cusanelli’s lawyer, Jonathan Zucker, arguing for his pre-trial release earlier this month, emphasized that Hale-Cusanelli was not accused of committing any violence on January 6, did not join anti-government groups and is accused of little more than entering the building and verbally harassing a Capitol police officer who spread pepper spray in the crowd.
In court, Zucker repeated these arguments and said that Hale-Cusanelli was willing to submit to conditions of pre-trial freedom that would minimize even the prospect of danger to the community and the source who denounced him.
“The past is the prologue here,” said Zucker. “He has never done anything like that in the past. He certainly had the opportunity. He has a gun in his hand five days a week and has never used that power. “
But McFadden said he was alarmed by Hale-Cusanelli’s increasingly violent rhetoric, especially since he appears to have discerned the identity of the FBI’s confidential source.
“I am concerned, considering all the defendants – all the things he said in the past about committing violence against those he feels are opposed to him,” said McFadden, “and given the sum of evidence that the defendant was willing to put that thoughts in action. “