A member of the militia group the Three Percenters who was arrested in connection to the Capitol Hill riot on January 6 may be released on bail by judges orders, the Hill reports.
According to the Hill, "U.S. District Judge Royce Lamberth turned down a request from prosecutors on Tuesday to halt a magistrate judge’s order last week releasing Russell Taylor from detention pending trial."
Lamberth said in his three page ruling on the matter that the prosecutors in the case haven’t proved that Taylor was an "identifiable and articulable threat."
Taylor is facing six felony charges in connection with the January 6 attack. Six members of the militia group, including Taylor, were charged last week with conspiring to attack the Capitol.
Prosecutors allege that the group began coordinating the Capitol attack on Telegram back in December.
They say that Taylor had specifically messaged other members of the group, "I personally want to be on the front steps and be one of the first ones to breach the doors!"
Taylor’s release on bail was ordered for June 11 by a magistrate judge pending trial, but had granted a temporary stay of release to allow the prosecutors time to appeal until Tuesday.
Prosecutors claim that Taylor’s accused crimes are "uniquely dangerous," and that he had not shown any regret for his actions.
In their motion, prosecutors included a photo of Taylor’s gear for January 6, which included knives, hatchets, tactical gear, and a stun baton.
According to Lamberth’s ruling, he stated that Taylor did not end up entering the Capitol on January 6 because he was carrying a knife, adding that since then "Second, six months have passed since the January 6 riot and defendant has not acted on his statement. Additionally, defendant has willingly submitted to additional restrictions—like GPS monitoring— to ensure the safety of the community."
More than 480 people have been charges in connection with January 6’s riot. At least 26 of those charged have been part of far-right groups including the Proud Boys, Oathkeepers, and the Three Percenters, according to Reuters.