HAPPENING NOW: Prosecutors are arguing for the pretrial detention of Ed Vallejo, an Oath Keeper charged last week with seditious conspiracy for efforts to disrupt transfer of power.
As the riots were going on at the Capitol, Vallejo texted someone “we have taken the Capitol," prosecutors say.
Proescutors say they haven't really kept tabs on Vallejo since February, when he first spoke with law enforcement.
“Whether he’s amassing guerilla weapons or whether he’s sitting watching TV we can’t say.”
“Whether he’s amassing guerilla weapons or whether he’s sitting watching TV we can’t say.”
VALLEJO's attorney now arguing for his release while awaiting trial.
She emphasizes that DOJ had nearly all of the evidence it has today about Vallejo for the past year but didn't decide to arrest and charge him until last week, a year after the Capitol attack.
Prosecutors describe what Vallejo did as "mindboggling" — that he offered to drive heavy weaponry into the city and kept pushing for a more violent outcome and even attempted to launch a reconaissance drone.
Magistrate Judge John Boyle going over the evidence now and will make his detention decision shortly.
BOYLE appears to be leaning toward detaining him. He says the nature of the crime — a threat to democracy itself — and the evidence of Vallejo's role in the alleged conspiracy lean heavily in favor of pretrial detention.
Going over other factors now.
Going over other factors now.
BOYLE notes that Vallejo was in charge of the Oath Keepers weapons stash, housed at a hotel in Arlington, Va. But he was never given the order to ferry them into DC.
"I’m convinced tha thad it been given … you would have responded on that day and followed out that order."
"I’m convinced tha thad it been given … you would have responded on that day and followed out that order."
The judge notes that Vallejo made an incendiary/violent remark last month about vaccine mandates.
"There appears to be no evidence before me now of remorse or your statements past Jan. 2021. "
"There appears to be no evidence before me now of remorse or your statements past Jan. 2021. "
"If Mr. Rhodes had given that ordfer you would have complied," Boyle says. "You are a serious danger at this time."
"The court will order your detention as a danger."
Ed VALLEJO will be held pending trial and will be transported to DC.
Ed VALLEJO will be held pending trial and will be transported to DC.
BOYLE asks if Vallejo, who is present by phone, if he heard the ruling.
VALLEJO: "I heard every word, sir."
VALLEJO: "I heard every word, sir."
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