These appeals present the question whether Eric Munchel and his mother, Lisa Eisenhart, may be detained pending trial for their participation in the riot at the United States Capitol on January 6, 2021.
United States v. Munchel, No. 1:21-CR-118-RCL, 2021 WL 620236, at *1, *5, *7. [snip]But as the court itself acknowledged, "[t]he record contains no evidence indicating that, while inside the Capitol, Munchel or Eisenhart vandalized any property or physically harmed any person.
In evaluating the "Nature and seriousness" of any danger, the district court highlighted statements that Munchel and Eisenhart made to the media on January 7.
Before entering the Capitol, Munchel and Eisenhart stashed a knife inside a backpack that they left outside, precisely for fear of ending up in "Federal prison." See Munchel, 2021 WL 620236, at *2. Moreover, even if their comments indicate some willingness to engage in future protests or disruption, the Bail Reform Act permits detention only to prevent an "Identified and articulable threat to an individual or the community." United States v. Salerno, 481 U.S. 739, 751.
See Munchel, 2021 WL 620236, at *5, *7. Munchel preserved and voluntarily turned over his cellphone video.
As for the defendants' attitudes towards law enforcement, the video shows that police did not seek to discourage their entry into the Capitol through an open door, Munchel iPhone Video at 38:48; Munchel and Eisenhart made no attempt to harass officers while inside the Capitol; and, as they were preparing to exit, Munchel encountered an officer and said "Sorry, guys, I still love you," id.
As BuzzFeed reports, the Munchel ruling is already impacting existing cases of January 6 protestors being held without bail.
https://www.americanthinker.com/articles/2021/03/the_january_6_prosecutions_hit_a_speed_bump.html
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