Justice Department is facing a tougher climb trying to keep Capitol rioters locked up
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The apparent calculus prosecutors are using to determine whether they ask for jail time came to a head twice in court Tuesday, as they argued for the detention of a member of the pro-Trump extremist group the Proud Boys who carried an axe handle wrapped in a flag, and for an alleged conspirator among the paramilitary group the Oath Keepers who was suited up in armor at the riot and had said she was leading a group in response to the President’s and others’ signals.
Federal judges have landed all over the map in their decisions to keep alleged Capitol rioters detained, with many judges rejecting the Justice Department’s initial requests to keep defendants in jail pending trial, and several appeals ongoing.
As the cases unfurl and count into the hundreds, the Justice Department is…