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Eric Gavelek Munchel—the 30-year-old insurrectionist who was arrested on January 10 and charged with conspiracy after being pictured in viral videos wearing a tactical vest and carrying zip ties around the congressional chamber during the January 6 riot on the Capitol—has been granted pretrial release by a judge overseeing his case.
Lawyers with the Department of Justice (DOJ) said they believe Munchel to be a flight risk and a danger to the community. U.S. Magistrate Judge Jeffery S. Frensleydidn’t agree with DOJ lawyers’ worries about Munchel harming others or running away if released, according to WZTV. Frensley was appointed by the Republican-led Senate during the administration of former President Donald Trump.
“In our society, liberty is the norm, and detention before trial is an exception,” Frensley explained. “I asked the government point-blank what [the potential] danger was and they referred to his ‘radicalization’ and the views that he holds. The court believes that in light of this, Mr. Munchel does not pose an obvious and clear danger to the safety of this community.”
Frensley also said that even though Munchel broke the law by entering the Capitol building as part of a mob that sought to overturn the results of the presidential election, videos showing Munchel being friendly and deferential to police officers made the judge think that he would respect the legal process.
At the request of the DOJ, Munchel’s release has been delayed until 10 a.m. on Monday, January 24, according to the legal news website Crime and Law. While it’s possible that the DOJ could appeal Frensley’s decision, it’s unclear if it will.
Newsweek contacted the DOJ for comment.
On Wednesday, the DOJ submitted a court filing mentioning that Munchel and his mother had stashed weapons outside of the Capitol on January 6 before entering the building. Investigators also found his a home arsenal which included 15 firearms, including assault rifles, a sniper rifle with a tripod, other rifles, shotguns, pistols and hundreds of rounds of ammunition.
Munchel was arrested on January 10 and is facing federal charges of knowingly entering or remaining in a restricted building or grounds without lawful authority, violent entry, disorderly conduct on Capitol grounds, conspiracy and civil disorder. His court hearing is set for February 22.
A January 7 YouGov poll found that 21 percent of respondents said they supported the storming of the Capitol on January 6. If that percentage were applied to the entire U.S. adult population, it would represent 69.5 million people.
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