Judge Emmet Sullivan is holding a detention hearing for Michael Lopatic, a Capitol defendant the feds say assaulted officers and stole a police body camera. Sullivan indicated he was leaning towards pretrial detention, but said it is a “very close call.” 
Lopatic posted photos of dead pheasants he nicknamed “Joe and Kamala,” “Schumer,” “Nancy,” “Nadler,” and “shifty Shift.”
Lawyer says Lopatic's "political views and hobbies are not linked to his actions on January 6th; they are also protected by the First and Second Amendments."
Lawyer says Lopatic's "political views and hobbies are not linked to his actions on January 6th; they are also protected by the First and Second Amendments."
In court filing, defense team said "Mr. Lopatic is not and never has been a white supremacist (in fact, his wife is Laotian)” and "has no involvement with any organized right-wing or militia groups.” courtlistener.com/recap/gov.usco…
The government argues Lopatic "unquestionably poses a danger to the community” and "would have even more opportunities to unleash violence against those in the government, and to destroy evidence and obstruct the proceedings against him.” courtlistener.com/recap/gov.usco…
Lopatic’s lawyer says he deeply regrets his actions on Jan. 6, recognizes he made a tremendous mistake. Said he was a model citizen before all this.
Lopatic’s charges are not considered crimes of violence, so this detention decision might come down to whether stealing a police body camera amounts to obstruction of justice. Lawyer says it was “stupid” and “wrong” to steal and dispose of the body camera.
Lopatic’s lawyer says that his client and others were motivated by a “false narrative,” and calls the former president’s continuing comments about the election “absolutely reprehensible,” but says his client has now accepted the election.
Judge Sullivan once again says this is a “close call” and says he wants to give it a little more thought before he rules.
Sullivan says all these Capitol cases are different and raise very interesting issues. He said he's going to think about it at least overnight, but recognizes the important of reaching a decision on Lopatic’s detention soon.
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