Thread by @joshgerstein

In court, #CapitolRiot arrestee Freddie Klein's defense attorney confirms POLITICO report that Klein was 'working the #FOIA desk' at State Department around time of the Jan. 6 assault. Earlier: politi.co/3eb9mXm

Klein's phone had 90GB of data on it, and prosecutors just got access to it this week because a taint team had to go through for possibly atty-client material.....

Govt struggling w/video at this hearing. I will predict that judge releases Klein w/conditions, probably GPS.

Prosecutor said she couldn't find cases defense cited, but DOJ has a webpage with all the Capitol Riot cases at least up to last few days.....

Judge Bates is noting that being a federal employee and having top secret clearance normally cuts in favor of a defendant when it comes to pretrial detention, but here govt wants to hold that against Klein

Bates on whether a riot shield is a dangerous weapon under federal law. Judge: 'I think it's a close question just where that falls.'

Bates suggests the threat has dissiptated somewhat since Jan. 6 or February or March. Prosecutors says security around Capitol shows ongoing threat.

Judge also says fact millions of people disagree with the election result doesn't mean everyone in #CapitolRiot should be detained pretrial. 'We have to be careful in our democratic society what we do.'

Side note: Defense says Klein was working at a landscaping business on day he was arrested last month after four years working as Trump appointee at State Department.

Hearing over. Judge Bates won't rule right now on release, but 'very expeditiously.' At one point he said it wouldn't be today, then he suggested it might.