However, Nordean’s release cannot happen. Prosecutors say they intend to appeal against the verdict and tighten Tsuchida’s order. Tsuchida agreed to stay the effect of his decision as soon as they filed their appeal.
The FBI sued Nordean for entering the Capitol through a broken window, along with other members of the Proud Boys, who increasingly described them as a coordinated attack on the building.
Nordy’s lawyer, Corey Endo, said the passport discovered by investigators could not be considered as proof of his intention to flee the country. The statue rather looks like him and voluntarily arrested Nordean after his wife informed him that investigators had come to their home. The evidence that connects Nordean to the broken Capitol window is thin despite the images of him, his lawyer argued, and he has no other criminal history.
Prosecutors urged the magistrate to arrest Nordean, who described the destruction of property charges as part of a group of federal “terrorism” -related crimes, and called the evidence “overwhelming.” They also noted that his comments on social media encouraged ‘rebellion’ and encouraged violent insurgency.
Beryl Howell, the chief judge in Washington, DC, has repeatedly moved to issue similar release orders against suspected Capitol insurgents across the country, although she recently agreed to the release of a New Mexico local official present at the Capitol wash.