The Supreme Court has given judges the power to deny bail if a person under arrest continues to pose a threat to an individual or the community. A federal judge exercised her power to keep one of the Capitol rioters in detention because certain members of the media, legislators and the former President continue to add fuel to the fire that ignited the January 6 insurrection, and as a result, his threat continues.

In a strongly worded ruling on May 26, United States District Judge Amy Berman Jackson of the District of Columbia denied bail to Cleveland Grover Meredith, Jr. because she found that the words and actions that gave rise to his four-count indictment have not “faded away.” She wrote that the “constant drumbeat” of false stories and accusations about a stolen election from “those in power” including the former President, continue to cause Meredith to pose “an articulable threat of physical harm to public officials and ordinary citizens.”

Meredith was arrested on January 7, after the FBI received a tip that he had traveled from Colorado to D.C. to participate in the rally. He arrived too late because his “truck broke down.” Agents located him at a Holiday Inn, searched his truck and found a Glock, a nine-millimeter pistol, and an assault rifle. He did not possess a valid registration for any of the weapons in the District. In addition, a variety of prescription medications including Adderall and Escitalopram, along with THC edibles and testosterone Cypionate/Propionate were found in his hotel room.

As if the weapons were not bad enough, he also made a series of obscene text threats against House Speaker Nancy Pelosi. A frequent target of his rants, Pelosi was often singled out. One text said he was “Thinking about heading over to Pelosi CUNT’s speech and putting a bullet in her noggin on Live TV.” He also texted he would run that CUNT Pelosi over while she chews on her gums” and called her a “Dead Bitch Walking.” Similar threats were made against DC Mayor Muriel Bowser, when he texted, “I may wander over to the Major’s office and put a 5.56 in her skull, FKG cunt.”

His vile threats began on January 4 and continued throughout his journey to the nation’s capital. They constantly referred to what “we” are going to do, such as surround DC, burn DC to the ground, and “FK SOME TRAITORS UP.” On January 7, he wrote “Staying one more day since I got here late, need to FK with these commies.” He then sent a question, “How much u give me to go trench the Capital lawn with ma big truk (sic)?” He admitted sending all the texts when interviewed by the FBI, but his attorney later asserted that “the allegedly threatening communications were not to be taken seriously.”

Meredith was indicted for interstate communication of threats, possession of unregistered firearms, possession of large-capacity ammunition, and possession of large-capacity ammunition devices. He violated both U.S. and D.C. criminal codes.

On March 26, a hearing was held to revoke the Magistrate’s detention order so he could be released from jail. The government opposed his release. When denying his bail, the Magistrate Judge noted that the threats were “numerous, violent and graphic; that defendant did not merely disseminate threatening communications, but he drove across the country to the District of Columbia where his targets were located, and that he arrived here with a substantial and concerning amount of ‘fire power,’ including the armor piercing bullets he had announced he would utilize.”

Defendant proposed nine specific conditions to Jackson that would ensure he would not pose a threat to the community if released on bail. But she found them all inadequate. Neither the conditions that Meredith’s parents would serve as “third-party custodians,” that he would be held in home detention, that he would undergo “medical, psychological, or psychiatric conditions,” or that he would remain in a specified institution if required were found acceptable to the Judge. Meredith also agreed that he would not knowingly make contact with any person or group associated with QAnon.

Other proposed conditions included relinquishing all firearms, refraining from the use of alcohol or controlled substances, making regular reports to law enforcement, relinquishing his passport, and agreeing to post a bail bond. None of these offers was persuasive to the judge because she believed none would “mitigate the risks” nor adequately protect the community.

Jackson’s Memorandum of Opinion clarified the standard for her review. She stressed that when community safety is the basis for detention, the government must provide clear and convincing evidence for continued detention. She ruled that the government met its burden. She also found a legal basis in the Bail Reform Act because there was a crime of violence due to Meredith’s “threatened use of physical force against the person or property of another.”

When considering the “nature and substance of Meredith’s offense,” Jackson reiterated the seriousness of defendant’s threats, which used “graphic and misogynistic” language to threaten to kill particular public figures … in specific and violent ways.” She also agreed with the Magistrate Judge by saying, “what’s worse, defendant did not simply spew ugly language into cyberspace from afar. He drove from Colorado to the District of Columbia with an arsenal in his possession.”

Over nine pages of Jackson’s opinion related to the “History and Characteristics of the Defendant” were redacted, so they are unavailable for review. However, her conclusion, based on the evidence presented and her worries about Meredith’s possible future behavior, will keep him in prison until his trial. Jackson’s strong closing paragraphs sound a warning that is particularly frightening in light of the Senate’s actions on May 28 that blocked a Commission to investigate the causes of the January 6 riot. Several of the 400 additional violent demonstrators have already stated that their actions were based on the belief that Trump claims he won the election.

And the false narrative continues. As Jackson wrote, “The steady drumbeat that inspired defendant to take up arms has not faded away.” The country will have to wait for the upcoming trials of Meredith and his fellow violent demonstrators to see if their “articulable threat of physical harm to public officials and ordinary citizens who may represent opposing viewpoints…” can be curtailed.