PLANO, Texas (CBSDFW.COM/CNN) — A federal magistrate judge in Plano has ordered Elmer Stewart Rhodes detained on charges or seditious conspiracy and other offenses related to the Jan 6th attack on the US Capitol.
Texas Magistrate Judge Kimberly Priest Johnson ruled that Rhodes would remain in federal custody until his trial. His attorneys indicated they would appeal the ruling.
Judge Johnson based her decision on several factors, including Rhodes' access to weapons, ability to finance future insurrection, continued advocacy against the government, prowess with technology and military training, and "some evidence of a propensity towards violence in [his] personal relationships."
Rhodes' attorney, Phillip Linder, said they would be appealing this Magistrate Judge's ruling to the District Judge in DC assigned to the case.
Rhodes is set to stand trial at a federal courthouse in Washington, DC on July 11th.
The FBI arrested Rhodes at a house in Little Elm earlier this month.
"There are no conditions of release that can reasonably assure the safety of the community or the defendant's appearance in court," prosecutors wrote in a court filing. "And based on Rhodes's evidence destruction aimed at hiding his crimes and the identities of his co-conspirators, he poses a risk of obstructing justice should he be released."
The Justice Department last Thursday charged Rhodes and 10 other defendants with seditious conspiracy related to the insurrection in Washington.
The filing comes as Rhodes and another new arrestee have early hearings in their case on whether they should stay in jail and would be dangerous to the community if released, before their cases move to DC District Court. Neither has formally had the opportunity to enter a plea before a judge in DC, but both are expected to fight their charges.
When unsealed last week, the seditious conspiracy case immediately became the boldest attempt by the DOJ to hold accountable participants in the Capitol riot, and potentially one of the toughest among more than 700 federal criminal cases to try.
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