Nordean’s release, however, may not happen. Prosecutors say they intend to appeal the decision and request the suspension of Tsuchida’s order. Tsuchida agreed to suspend the effect of his decision as soon as they filed the appeal.
The FBI accused Nordean of entering the Capitol through a broken window, along with other members of the Proud Boys, who they increasingly describe as mounting a coordinated attack on the building.
Nordean’s lawyer, Corey Endo, said the passport discovered by investigators cannot be seen as evidence of his intention to flee the country. Instead, she said, the image looks nothing like him, and Nordean voluntarily submitted himself to prison after his wife informed him that investigators had gone to their home. Evidence connecting Nordean to the broken Capitol window – despite images of him climbing through it – is sparse, his lawyer argued, and he has no other criminal record.
Prosecutors urged the magistrate judge to detain Nordean, describing the property destruction charge as part of a group of federal crimes related to “terrorism” and calling the evidence “overwhelming”. They also observed their comments on social media encouraging “rebellion” and encouraging violent uprisings.
Washington DC’s top federal district court judge, Beryl Howell, has repeatedly acted to uphold similar release orders issued against suspected Capitol rebels across the country, although she recently agreed to the release of a local New Mexico official who was present at the Capitol.