Klein was indicted on eight criminal charges, including obstructing congressional proceedings and assaulting police officers with a riot shield. He has pleaded not guilty.
In a 28-page opinion, Bates said Klein’s situation was “a close call” but that the Justice Department ultimately fell short of demonstrating that he poses a “substantial” future threat to the public.
“He does not pose no continuing danger, as he contends, given his demonstrated willingness to use force to advance his personal beliefs over legitimate government objectives,” Bates wrote. “But what future risk he does present can be mitigated with supervision and other strict conditions on his release.”
The case is the latest example of a Capitol riot defendant successfully challenging their detention.