The Justice Department appears to be hitting up against the potential limits of the law, as they try to keep people detained who came to Washington last week for a coup attempt.
A judge is already asking for more from the Justice Department on why he should keep one defendant locked up who brought guns and ammo to Washington and wrote in text messages about shooting House Speaker Nancy Pelosi and DC Mayor Muriel Bowser.
One of the more serious cases so far, against Cleveland Meredith Jr., who is accused of threatening Pelosi and bringing hundreds of rounds of ammo and guns to Washington, DC, is where this came up today.
Prosecutors had asked for Meredith's detention. Meredith's lawyer countered that keeping him locked up because of perceived "dangerousness" alone is not enough under the law.
"Congress restricted the government’s ability to request detention," Meredith's lawyer wrote in a court filing Wednesday afternoon, citing the Bail Reform Act limitations that reasons defendants can be kept in jail must be because they are a flight risk, potentially obstructive or charged with crimes of violence, a drug offense, or an offense that could merit a life sentence or death.
His lawyer argued Meredith should be released while he awaits his trial.
Meredith has not yet been indicted, and was arrested last week on a criminal complaint alleging that he illegally possessed weapons and made the threats.
He was set to have a judge decide whether he should be detained today. That is now being postponed until tomorrow, and DOJ is getting another opportunity to argue for why he should remain in jail.
Meredith is still detained.
He has no prior convictions on his record, his lawyer also argues.