Tennessee man and his mom participate in the January 6th incident at the Capitol, sporting tactical vests and (in the man’s case) carrying a holstered taser. They enter the Capitol through an open door, pass police officers standing nearby, and see a few sets of zip ties that they snag. They roam the Capitol for about 12 minutes, including entering the Senate gallery, and then leave, apologizing to police on the way out. They vandalize nothing and commit no violence. Should they be held in jail pending trial? D.C. Circuit: Only if they pose an articulable threat to the community, which the district court hasn’t adequately considered so we remand. Concurrence and dissenting opinion: detention should be based on "specific, forward-looking assessment of whether [defendants] as individuals currently pose an unmitigable threat to public safety." Reverse outright with no remand.
The consolidated case is United States v. Munchel & Eisenhart, 21-3010 (D.C. Cir. Mar. 26, 2021).