Leader of Seattle Proud Boys is ordered to be released on charges relating to Capitol riot - but remains in custody while prosecutors appeal judge's ruling
A federal magistrate judge in Seattle ordered the release of the self-described 'sergeant-at-arms' of the Seattle chapter of the Proud Boys on Monday - but has since halted his own decision to give prosecutors time to appeal.
Ethan Nordean, 30, was charged by the FBI last week for his participation in the deadly storming of the U.S. Capitol on January 6 and has been described as a flight risk by prosecutors.
The Proud Boys leader uploaded a video on Parler encouraging his fellow members to 'Let them remember the day they decided to make war with us', in the days before the siege.
Nordean, who also goes by the name Rufio Panman, also urged supporters to 'bring back 1776,' according to a complaint filed by the FBI.
He has been charged in federal court in the District of Columbia with obstructing or impeding an official proceeding, which carries a maximum penalty of 20 years in prison, and aiding and abetting, which carries a penalty of up to 10 years in prison.
Magistrate Judge Brian Tsuchida in Seattle initially said on Monday that Nordean should be released pending trial, rejecting the government's arguments that he posed a danger to the community and was a flight risk.
But Tsuchida then halted his own decision in order to give the Justice Department time to appeal.
Prosecutors, within hours, filed an appeal with U.S. District Judge Beryl Howell in Washington, D.C.
Judge Howell further blocked Nordean's release pending a review and directed U.S. marshals to transport Nordean to D.C. to face his charges.
Nordean, shown circled inside the Capitol, is the self-described 'Sergeant of Arms' of the Seattle Chapter
Nordean admitted to being a 'violent extremist' in a post made to Parler two days after the siege
Ethan Nordean, with backward baseball hat and bullhorn, leads members of the far-right group Proud Boys in marching before the riot at the U.S. Capitol
'There is no reason to believe that Defendant, or any of his Proud Boy associates, are any more interested in "complacency," or any less interested in fomenting rebellion, than they were on January 5,' prosecutors wrote in a memo arguing for his detention.
'If nothing else, the events of January 6, 2021, have exposed the size and determination of right-wing fringe groups in the United States, and their willingness to place themselves and others in danger to further their political ideology.'
Assistant U.S. Attorney Jehiel Baer noted that Nordean gained notoriety for knocking out a counter-protester in 2018 in Portland, Oregon, which was caught on video and garnered him an appearance on conspiracy theorist Alex Jones' InfoWars program.
Federal agents who searched his house after the Capitol riot found a valid passport on a bedside table issued to another man; Nordean had recently commented on social media suggesting he wanted to start a new life somewhere else, Baer said.
Baer argued that one of the charges, aiding and abetting the destruction or attempted destruction of federal property, with the intent to coerce the government is a federal crime of terrorism.
Such crimes carry a presumption that the defendant will be detained pending trial, Baer said.
Nordean's public defender, Corey Endo, argued that the presumption only applies if the property damaged is valued at more than $1,000, and the government's complaint didn't say anything about the value of the damaged property.
Endo noted that Nordean has no criminal history and the counter-protester he decked in Portland had first attacked him with some sort of rod.
Nordean's lawyer also noted that the Proud Boy said in his InfoWars appearance that he did not believe in using violence against those with differing political views.
As for the passport by the bed, Endo said, it merely belonged to the ex-boyfriend of Nordean's wife, who left it at the home with other possessions after they split up.
The person pictured in the passport didn't resemble Nordean except that they're both white men, she said.
Nordean has also been charged with knowingly entering or remaining in restricted building or grounds and violent entry and disorderly conduct on Capitol grounds, which each carry a maximum penalty of one year in prison.
He has not yet entered pleas to any of the charges.
Nordean, pictured, posted a video to Parler on January 4 titled 'Let them remember the day they decided to make war with us'
Prosecutors allege that Nordean was 'near the front of the crowd of rioters' and was among those who breached the Capitol.
Nordean was seen in photos and videos marching at the front of the group with Joseph Biggs, the self-described leader of the Proud Boys and an infamous conspiracy theorist.
Biggs has also been arrested, along with Proud Boys member Dominic Pezzola - who was pictured smoking a cigar in the Capitol and talked about killing former Vice President Mike Pence.
Ethan Nordean, left, is pictured with Robert Gieswein, right, who was one of the first to enter the Capitol
Gieswein, circled left, was one of the first rioters to enter the Capitol after a window was broken by Proud Boys member Dominic Pezzola, circled right
The FBI identified Nordean, circled, inside the Capitol through photos and videos posted online
Photos and videos from January 6 show Nordean at the front of the line of rioters facing off with Capitol police
Nordean, right, posted a photo to Parler dressed in paramilitary gear two days before the siege
Photos and screenshots of videos included with the complaint show that Nordean 'was among those who entered the U.S. Capitol building after rioters forced entry and pushed past Capitol Police officers.'
'Nordean was an active poster on the social media site Parler, where he identified himself as 'Rufio Panman' and utilized the username @REBELRUFIO,' the complaint reads.
Posts Nordean made to Parler indicate that he and other Proud Boys planned to attempt 'to overwhelm police barricades and enter the United States Capitol building,' the complaint reads.
Nordean posted to Parler looking to obtain paramilitary gear for the group to wear during the violent siege.
Nordean indicated he was willing to 'fight' in a post shared to Parler, according to the FBI
Nordean, who went by the name Rufio Panman on Parler, identified as a Proud Boy on his account
Nordean, circled, is seen wearing yellow, the color of the Proud Boys, in this evidence photo
Gavin McInnes, center, is the founder of the Proud Boys organization - which has now been designated a terrorist group by the Canadian government
'Anyone looking to help us with safety/protective gear, or communications equipment it would be much appreciated, things have gotten more dangerous for us this past year, anything helps,' he posted to Parler on December 27.
Nordean later uploaded a video to Parler on January 4 titled 'Let them remember the day they decided to make war with us.'
The video show Nordean and other Proud Boys dressed in tactical gear along with the phrase Back the YELLOW, which is commonly used to show support for the group, the complaint reads.
In another video posted January 4, Nordean said that Proud Boys were 'never going to look good [protecting the community], because violence doesn't look good.'
Nordean added that the Proud Boys were going to 'bring back that original spirit of 1776 of what really established the character of what America is.'
Two days after the Capitol siege, Nordean posted a picture of himself with the caption 'Violent extremist' which the FBI lambasted 'as an effort to make light of the public condemnation of Nordean's and others' participation in the riot.'
Nordean also posted a picture on January 8 of a Capitol Police officer deploying pepper spray 'with a caption celebrating disparaging police officers,' the complaint reads.
'If you feel bad for the police, you are a part of the problem,' Nordean wrote.
'They care more about federal property than protecting and serving the people.'
The Proud Boys have been designated a hate group by the watchdog organization Southern Poverty Law Center.
'Their disavowals of bigotry are belied by their actions: rank-and-file Proud Boys and leaders regularly spout white nationalist memes and maintain affiliations with known extremists. They are known for anti-Muslim and misogynistic rhetoric,' reads a narrative from the watchdog.
At least eight defendants linked to the group have been charged in the Capitol riot.
On Wednesday, the Canadian government added the Proud Boys to its list of terrorist organizations, USA Today reported.
'Canada will not tolerate ideological, religious or politically motivated acts of violence,' Public Safety Minister Bill Blair said.
A government official told the outlet that if a member engages in violent acts, they could face terrorism charges.
Giving money to the Proud Boys or buying the organization's merchandise would also be a crime, the outlet reported.
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