Proud Boys leaders from Florida, Seattle ordered into custody on new Capitol riot evidence

WASHINGTON — A federal judge ordered two alleged Capitol rioters and Proud Boys leaders into custody Monday ahead of their pending trial after prosecutors introduced new evidence about their involvement in planning the Jan. 6 attack.

Judge Timothy Kelly granted the government's request that Ethan Nordean, 30, and Joseph Biggs, 37, be detained, a reversal of a previous judge's order that allowed them to be released to home confinement.

Nordean, of Washington state, and Biggs, of Florida, are alleged to have conspired to hinder Congress' actions and obstruct law enforcement, along with destruction of federal property. Prosecutors claim they led some of the earliest individuals who breached the building that day.

"It’s no exaggeration to say that the rule of law, the durability of our Constitution’s order and in the end, the very existence of our republic, is threatened by such conduct," Kelly said.

Prosecutors argued earlier this month that their pretrial release should be revoked due to newly uncovered evidence including messages sent using the platform Telegram that they said showed the defendants were involved in planning the obstruction of Congress and law enforcement on the day lawmakers were set to certify the results of the 2020 presidential election.

That day, a mob of supporters of former President Donald Trump breached the Capitol, delaying the proceedings and threatening the lives of lawmakers and police officers. Five individuals, including Capitol Police officer Brian Sicknick, died as a result, and two other officers died by suicide in the aftermath.

Biggs is alleged to have entered, exited, and re-entered the Capitol during the riot and gotten as far as the Senate chamber. Nordean, for his part, also allegedly stole a flag from the building.

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The judge cited profanity-laced social media posts and encrypted messages sent by the defendants, in which Biggs said it was time for "war" if Democrats "steal" the election and Nordean called for militia groups to contact him.

Though the evidence does not point to the defendants using direct physical violence against others on the day, Kelly said, their communications and movements before, during and after the riot showed they played a part in planning and leading the efforts that day, celebrated the events of the day and have not expressed remorse.

Kelly dismissed the defense's argument that the government had not provided compelling enough evidence that Nordean and Biggs presented an ongoing threat to the community, a condition for confinement.

He said the defendants' planning and organizing capabilities and their continued belief that the election was stolen means they had the potential to replicate their actions in their communities if released.

"Even if the election has passed, all of politics have not," Kelly said, arguing Nordean and Biggs could not be trusted not to access the internet or contact other extremist group members if ordered to do so without detention.

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Another alleged co-conspirator, Charles Donohoe, is set for his own detention hearing later Monday afternoon.

This article originally appeared on USA TODAY: Proud Boys leaders Nordean, Biggs held on new Capitol riot evidence