Bail was revoked Monday for two Proud Boys leaders charged in the U.S. Capitol riot because their conduct threatened the “very existence of our republic,” a federal judge ruled Monday.
Self-described Proud Boys sergeant-at-arms Ethan Nordean, 30, of Washington state, and Florida organizer Joseph Biggs, 37, were arrested earlier this year for their role in the Jan. 6 siege of the Capitol. They were each charged with six offenses, including conspiracy to obstruct the certification of President Joe Biden’s election victory.
The attorney for Nordean, also known as Rufio Panman, accused former President Donald Trump in an earlier brief of “egging on” the rioters at a rally on Jan. 6.
Both Proud Boys had been granted bond, but federal prosecutors appealed, arguing that the men were central to the Capitol siege, were dangerous and could plan another attack.
U.S. District Judge Timothy Kelly determined that evidence presented against the men — who he said “facilitated political violence” — was enough to convince him they should be in jail, reported NPR. The serious nature of the alleged crimes, the defendants’ leadership roles and the potential danger they posed to the community all weighed in favor of detention, the judge noted.
“The defendants stand charged with seeking to steal one of the crown jewels of our country, in a sense, by interfering with the peaceful transfer of power” from Trump to Joe Biden, Kelly ruled.
“It’s no exaggeration to say the rule of law, the durability of our constitutional order, and, in the end, the very existence of our republic is threatened by such conduct,” he added.
Kelly determined that “no condition or combination of conditions” outside of prison would “reasonably assure the safety of any other person or the community.”
Kelly read from the pair’s social media taunts and threats, and noted other evidence from prosecutors for over an hour in his Washington, D.C., courtroom. He said that after Trump lost the presidential election, Biggs messaged on social media: “This is war,” The Daytona Beach News-Journal reported.
The judge pointed out that destruction of federal property, which both men are charged with, can be considered an act of terrorism when it’s designed to influence government through intimidation or coercion.
Attorneys for the two men did not immediately comment. Both Biggs and Nordean have pleaded not guilty to the multiple charges against them.
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