Proud Boys leaders charged in Capitol riot seek release; judge feels the weight of ‘very existence of our republic’ – USA TODAY

Proud Boys organizer Joseph Biggs charged in Capitol riots

A self-described leader of the Proud Boys was charged for his role in the Capitol riots; authorities said Joseph Biggs encouraged other extremists.

Staff Video, USA TODAY

Leaders of the far-right Proud Boys group accused in the deadly Capitol riot made a new appeal for pre-trial releaseMonday, with their lawyers asserting that Ethan Nordean and Joseph Biggs presented no future public safety risk.

Nicholas Smith, Nordean's attorney, also said that his client's father was prepared to back a $1 million bond with his "life savings" to secure his son's release.

Nordean and Biggs, along with other Proud Boy membersaccused in aconspiracy to obstruct Congress' certification of President Joe Biden's election,have been held since April.

Smith, who offered up text messages in which his client reportedly rejected any plans to attend future rallies or to maintain a leadership position in the group,said the government's opposition to release, based on a finding of "future dangerousness" required the defense to"prove a negative."

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"It is so essential that the politics of this doesn't overwhelm the facts," Smith argued, referring to the polarized political environment that gave life to the Capitol assault that left five dead.

The attorney's remark brought a biting response from U.S. District Judge Timothy Kelly, who ordered the men detained in April, saying then that it was"no exaggeration to say that the rule of law, the durability of our Constitutions order and in the end, the very existence of our republic, is threatened by such conduct."

"The politics of this have nothing to do with this (hearing) not a wit," Kelly said Monday.

Meanwhile, Daniel Hull, the attorney representing Biggs, attacked the government's conspiracy charge, arguing that there had been no plan to attack the Capitol and that any assessment of his client's risk to public safety should account for that.

"Clear and convincing evidence of future dangerous does not exist," Hull argued.

The prosecution, however, presented statements from Nordean following the riots, suggesting that he was not finished with leading future demonstrations.

"I am not going to be sitting on my ass waiting for the end," Assistant U.S. Attorney Jason McCullough said, quoting from Jan. 12 message from Nordean. "We will never stop."

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McCullough said the group had also discussed the need for long-range planning and regional training for members.

If the pair did win their release, McCullough said it would be "impossible to police" their access to electronics to engage in communications with the group.

Kelly did not make an immediate decision before the public segment of the hearing was moved to a closed session.

Trump tells Proud Boys: 'Stand back and stand by'

President Donald Trump declined to clearly condemn white supremacist groups and their role in violence during Tuesday's first presidential debate, at one point telling the neo-fascist group "Proud Boys" to "stand back and stand by." (Sept. 29)

AP

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Proud Boys leaders charged in Capitol riot seek release; judge feels the weight of 'very existence of our republic' - USA TODAY