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Capitol riot dilemma: Which rioters should stay behind bars before trial? CNN 1/23/2021 By Katelyn Polantz, CNN © Tasos Katopodis/Getty Images Trump supporters gather on the US Capitol Building on January 06, 2021 in Washington, DC. Not all the Capitol rioters are riotous enough to stay in jail. But the question of which ones are has become one of the thorniest issues for courts to decide, more than two weeks after a pro-Donald Trump mob attacked the US Capitol. Four times so far, judges across the country have disagreed with the Justice Department s attempt to keep locked up alleged rioters who breached the Capitol on January 6. The latest ruling came Friday night in Tennessee, where a judge decided to release a man who s become known for the zip-tie-like restraints he carried and the black helmet and body armor he wore into the Senate chamber that day.

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