A federal judge has ordered an alleged member of the right-wing militia group the Three Percenters arrested in connection with the Jan. 6 riot at the Capitol to be released on bail.
U.S. District Judge Royce Lamberth turned down a request from prosecutors on Tuesday to halt a magistrate judge’s order last week releasing Russell Taylor from detention pending trial.
In his three-page ruling, Lamberth said that prosecutors hadn’t proved that Taylor was an “identifiable and articulable threat.”
Taylor was one of six members of the Three Percenters charged last week with conspiring to attack the Capitol. He is facing six felonies in connection with the insurrection.
The government alleges that the group first began to plan the attack in December through the Telegram messaging app.
Prosecutors say Taylor specifically messaged the other members, “I personally want to be on the front steps and be one of the first ones to breach the doors!”
A magistrate judge ordered Taylor released on bail on June 11 pending trial but granted a temporary stay of the release until Tuesday to allow prosecutors time to appeal.
Arguing for his detention, prosecutors said the crimes Taylor is accused of committing are “uniquely dangerous” and noted that he had not shown any regret for his actions.
They included a photo Taylor took of a tactical vest, knife and gloves, scarf, and backpack that he wore to the Capitol. The photo also showed hatchets and a stun baton.
But in his ruling, Lamberth noted that Taylor did not enter the Capitol that day, specifically because he had a knife on him. Lamberth also noted that months have passed since the riot and that Taylor has submitted to additional restrictions, including GPS monitoring.
The ruling came after the court allowed Alan Hostetter, who was also in the group charged last week, to be released from detention pending trial.
More than 480 people have been charged in connection with the Capitol breach, which left five dead, according to Reuters. At least 26 members of the far-right groups the Three Percenters, Proud Boys and Oath Keepers have been charged.