“MAY????”-OEN

In a ruling on Wednesday in the case of one of the accused Capitol rioters, U.S. Judge Emmett Sullivan offered a provocative aside about former President Donald Trump’s role in the attack.

Sullivan ruled that Jeffrey Sabol of Colorado is too dangerous and too much of a flight risk to be released prior to his trial. Sabol is accused of beating a cop during the Jan. 6 attack on the Capitol, which sought to prevent Congress from officially counting the Electoral College votes that made Joe Biden president.

The judge rejected the argument that Sabol was prompted to engage in the insurrection in the heat of the moment, spurred on by Trump’s rally. Evidence suggests, instead, that Sabol engaged in “prior planning” ahead of the attack, Sullivan found, which distinguishes him from rioters who are not being held pre-trial.

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