However, Nordean’s release may not occur. Prosecutors say they intend to appeal the verdict and request a postponement of Tsuchida’s order. Tsuchida agreed to retain the effect of his decision once they appealed.
The FBI accused Nordean of entering the Capitol through a broken windowalong with other members of the Proud Boys, whom they increasingly refer to as a coordinated attack on the building.
Nordic lawyer Corey Endo said the passport discovered by investigators could not plausibly be taken as evidence of his intention to flee the country. Rather, she said the picture didn’t look like him, and Nordean was voluntarily arrested after his wife told him that investigators had come to her home. The evidence linking Nordean to the broken Capitol window – despite the pictures of him climbing through the window – is thin, argued his attorney, and he has no other crime story.
Prosecutors asked the judge to arrest Nordean, describe the destruction of the property charge as part of a group of federal “terrorism” -related crimes, and describe the evidence as “overwhelming”. They also noticed his comment on social media, which sparked “rebellion” and encouraged violent revolts.
Beryl Howell, the chief judge of the Washington, DC Federal District Court, has repeatedly tried to maintain similar dismissal orders against suspected Capitol insurgents across the country despite recently agreeing to the release of a New Mexico official present at the Capitol.