lockup.ĭuring the Tuesday hearing, Barnett’s attorney, Joseph McBride, said provocative and often disrespectful statements his client made before, during and after the Capitol assault were simply overheated political rhetoric. And his attorneys have argued that he’s been tormented and mistreated by guards while in the D.C. He famously had an outburst during a previous detention hearing, saying he was being subjected to unfair treatment. “Consider this a test, OK?” the judge said.īarnett faces a felony charge of entering the Capitol with a dangerous weapon, as well as misdemeanor charges of unlawful entry to a restricted building, disorderly conduct and theft.īarnett’s stint in federal custody has been memorable for several reasons. Cooper also said he’d take any violation into account when sentencing Barnett if he pleads guilty or is convicted at trial. The judge warned Barnett that if he violates the conditions of his release, he may end up back in jail. “The burden faced by the government, clear and convincing evidence, has just not been met in this case, in my view,” Cooper said, addressing the showing required to detain a defendant.Ĭooper ordered Barnett into home confinement with GPS monitoring, but said he might be permitted to leave for work, medical and legal appointments and religious observances.
There are numerous indications that Barnett is a follower of the QAnon conspiracy theory, the judge said, but he found there is no “concrete” reason to consider Barnett more dangerous than many other people who hold similar views. “It’s not enough that the defendant participated in the Jan. “This violence disrupted a constitutional function of Congress.”īut in the new ruling on Tuesday, Cooper said a recent appeals court decision that tightened the criteria for pretrial detention in Capitol riot cases precluded him from keeping Barnett behind bars. Constitution,” said Howell, an appointee of President Barack Obama. “His entitled behavior that he exhibited in videos and photographs when inside the Capitol show a total disregard for the law, a total disregard for the U.S. Howell found there were no release conditions that could adequately protect the community from Barnett.
A federal magistrate judge in Arkansas initially approved Barnett’s pretrial release to home confinement, but the chief judge of the District Court in Washington, Beryl Howell, halted and later overturned the release order.
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