1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA

v. NICHOLAS JAMES BROCKHOFF , Defendant Criminal Action No. 2 1

- 0524 (CKK)

MEMORANDUM OPINION ( March 10, 2022)
This criminal case is one of several hundred arising fro m the insurrection at the United States Capitol on January 6, 2021

. For his participation in the events t hat day, the G overnment
moved for Defendant Nicholas James Brockhoff ( “ Defendant ” or “ Brockhoff ” ) to be detai ned pending trial. Magistrate Judge Jon A

. York of the United States District Court for the Western
District of Tennessee held a detention hearing and concluded that pretrial detention was warranted. Pending b efore the Court is Defendant Brockhoff ’ s [ 32 ] Request for Pretrial Release and
for Immediate Release with Conditions ( “ Motion ” ) , in which he asks the Court to revoke the magistrate judge’s detention order and place him on pretrial release with conditions

. Upon careful consideration of the pleadings, 1 the relevant legal authority, and the record before the Court , the

Court shall DEN Y Defendant ’ s Motion

.

1 The Court’s consideration has focused on:

• Statement of Facts in Support of the Criminal Complaint , ECF No. 1

- 1 ( “ Aff. ” );

• D efendant ’ s Request for Pretrial Release and for Immediate Release with Conditions, ECF No. 32 ( “ Mot. ” );

• T he Government ’ s Opposition to Defendant ’ s Motion for Pretrial Re lease , ECF No. 34 ( “ Opp. ” ); and

• De fend ant ’ s Reply to the Government ’ s Opposition, ECF No. 36 ( “ Repl. ” ).2 I. BACKGROUND
Defendant is charged by Indictment with four felony an d four misdemeanor counts: (1)

two cou nts of Assaulting, Resisting, or Impeding Certain Officers Using a Dangerous Weapon, in
violation of 18 U.S.C. § § 111(a)(1) and (b); ( 2 ) one count of Entering and Remaining in a

Rest ricted Building or Ground s , in violation of 18 U.S.C. § § 1752(a)(1) ); ( 3 ) Civil Disord er, in violation of 18 U.S.C. § 231(a)(3) ; (4) one count of Di sorderly and Disruptive Conduct in a Restricted Building or Grounds, in violation of 18 U.S.C. § 1752(a)(2); ( 5 ) one count of Disorderly Conduct in a Capitol Building, in violation of 40 U.S.C . § 5104(e)(2)(D); (6) one count of Act of Physical Violence in the Capitol Grounds or Building, in violation of 40 U.S.C. § 5104(e)(2)(F) ; and ( 7 ) one count of Parading, Demonstrating, or Picketing in a Capitol Building, in violation of 40 U.S.C. § 5104 (e) (2)(G)

. Indictment, ECF No. 13

. The facts discussed here are based upon the record presently before the Court, including
the parties’ pleadings and associated exhibits , the photographic evidence presented by the

Government , and the [1

- 1] Statement of Facts in support of the [1] Criminal Complaint

. In an
exercise of its discretion, the Court declines to hear additional evidence

. See United States v. Sheffield , 799 F. Supp. 2d 18, 29 (D.D.C. 2011) (“The Court is free to use in its analysis any
evidence or reasons relied on by the magistrate judge, but it may also hear additional evidence and rely on its own reasons.” ( cleaned up )). The facts stated here do not represent the Court’s findings
of fact on the merits of the case, which are the province of the jury.

A. Defendant’s Participation in the Insurrection on January 6, 2021 On January 6, 2021, a joint session of the United States Congress convened to certify the vote count of the Electoral College of the 2020 Presidential Election , which had taken place on November 3, 2020

. Aff . at 1. The joint session began at approximately 1:00 p.m., with then

- Vice3 President Mi chael R. Pence presiding. Id. By 1:30 p.m., the United States House of Representatives and the United States Senate adjourned to separate chambers within the Capitol to resolve an objection raised in th e joint session. Id. Vice President Pence continued to preside
in the Senate chamber. Id. As the House and Senate proceedings took place, a large crowd of
protest e rs gathered outside the Capitol

. Id. “[T]emporary and permanent barricades were in place
around the exterior of the

. . . building, and U nited States Capitol Police were present and attempting to keep the crowd away from the Capitol building and the proceedings underway
inside.” Id. Shortly after 2:00 p.m., “individuals in the crowd forced entry into the Capitol building , including by breaking windows and by assaulting members of the Capitol Police, as other s in the
crowd encouraged and assisted those acts.” Id. The se violent acts caused members of the Senate
and House of Representatives to evacuate the chambers of the Capitol and suspend the certification

process of the presidential election results

. Id. The riot “ dese crated [the Cap itol], blood was shed,
and several ind i viduals lot their li ves. ” T rump v. Thompson , 20 F .4 th 10, 19 (D.C. Cir. 2021). All told, “ [t]he event s of January 6, 2021 marked the most significant assault on the Capitol since the

War of 1812. ” Id. at 18

- 19 (footnote omitted)

. T he Government ’ s Statement of Facts in support of the Criminal Complaint explain
Brockhoff ’ s actions that day. Several images show Brockhoff standing on a landing above law
enforcement officers on the west side of the Capitol who were st ruggling to keep riot ers behi nd police lines. Aff. at 2

- 4. Brockhoff can be seen wielding a fire ext inguisher and spraying its

contents onto the officers below him. Id. The r esultin g fog covered the officers , “ which caused
law enforcement to disperse, and obstructed law enfor cement ’ s ability to see. ” I d. at 2. The

Government a lso alleges that Brockhoff threw a wrench at police below him , injuring one of the4 officers, although this conduct has not yet been charged by indictment. Opp. at 4. In support thereof, the Government attaches tw o images of Brockhoff appearing to throw some sort of object, though there is no photographic o r video evidence showing clearly the object or the object making

contact with an officer below him. Se e id.
After striking the officers, Broc khoff cl ambered through a broken window and into the Capitol itself. Aff. at 4. Having absconded with a Me tropolitan Pol ice Department riot helmet,
Defendant forced his way into a conference room with other rioters. Id. at 5

- 6. In one video,
Defendant “ can be observed dire cting other indiv iduals on the best method to m a ke entry into the

room. ” Id. at 6. Once inside, Defendant “ tore open a box[,] r ifled through the office, ” and took

Senate stationary. Opp. at 6

- 7.

B. Defendant ’ s Arrest and Dete ntion Hearing On May 27, 2021, law enforcement officers executed a search warrant on Defendant ’s
home. Opp. a t 7. Defendant was n ot there, having left home three days prior for a thr ee - month motorcycle and camping trip. Id. Family members alerted Brockhoff that federal law
enforcement had a warrant for his arr est, and Defendant volunta rily sh ared his precise location in
Tennessee with law enforcement

. Id. at 7

- 8. Citing the nature of the offenses charged, Magistrate Judge York ordered Defendant held without bond, re asoning that there was no set of conditions that could reasonably assure the safety of members in the community and prevent
Defendant ’s flight before trial.

II. L EGAL STANDARD

“ In times of war or i nsurrection, when society ’ s interest is at its peak, the Government may detain individuals whom the government believes to be dangerous. ” Munchel , 991 F.3d at 1285 (cleaned up) (quoti ng United States v. Salerno , 481 U.S. 739, 748 (1987)). Ne vertheless , “ [i]n our5 society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception. ” Salerno , 481 U.S. at 755.

A defendant ordered detained by a magistrate judge may file “a motion fo r revocation or amendment to the order” with “the court having original jurisdiction over the offense.” 18

U.S.C. § 3 145(b). Although the United States Court of Appeals for the District of Columbia
Circuit (“D.C. Circuit”) has not ruled on the matter, e very circuit to consider the issue has found that a magistrate judge’s detention order is subject to de novo review. See United States v. Hunt , 240 F. Supp. 3d 128, 132 (D.D.C. 2017) (identifying cases supporting this proposition from the Second, Third, F ourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits). The district court is “free to use in its analysis any evidence or reasons relied on by the magistrate judge, but it may also hear additional evidence and rely on its own reasons. ” Sheffield , 799 F. Supp. 2d at 20 (quoting United States v. Hanson , 613 F. Supp. 2d 85, 88 (D.D.C. 2009)). The Bail Reform Act permits pretrial detention in only “carefully defined circumstances.” United States v. Simpkins , 826 F.2d 94, 95

– 96 (D.C. Cir. 1987). A detention hearing must be held only if a case involves any of an enumerated set of offenses, includ ing a crime of violence or a felony that involves the use of a dangerous weapon, § 3142(f)(1), or if the defendant poses a serious risk of flight or of trying to obstruct justice or threaten, injure, or intimidate a witness or juror, id. § 3142(f)(2)(A)

– (B ). The question for the Court is whether any “condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community.” 18 U.S.C. § 3142(e). “In common parlance, the rel evant inquiry is whether the defendant is a ‘flight risk’ or a ‘danger to the community.’” United States v. Vasquez

- Benitez , 919 F.3d 546, 550 (D.C. Cir. 2019). In determining whether a defendant should be detained pending6 trial, the Court must consider “the available information” concerning four enumerated factors: (1) the nature and circumstances of the offense charged; (2) the weight of the evidence against t he defendant; (3) the history and characteristics of the defendant; and (4) the nature and seriousness of the danger to any person or the community that would be posed by the defendant ’ s release. § 3142(g).

“ T o justify detention on the basis of dangerousne ss, the government must prove by ‘clear and convincing evidence’ that ‘no condition or combination of conditions will reasonably assure the safety of any other person and the community.’” United States v. Munchel , 991 F.3d 1273,

1279

– 80 (D.C. Cir. 2021) ( quoting § 3142(f)). That standard requires the G overnment to establish
that the defendant “ poses a concrete, prospective threat to public safety” that cannot be sufficiently mitigated by release conditions. Id. at 1280; see also United States v. Salerno , 481 U.S. at 751 (requiring the government to “prove[ ] by clear and convincing evidence that an arrestee presents an identified and articulable threat to an individual or the community”). “Detention cannot be based on a finding that defendant is unlikely to comply with conditions of release absent the requisite finding of dangerousness or risk of flight; otherwise [,] the scope of detention would extend beyond the limits set by Congress.” Munchel , 991 F.3d at 1283

. III. DISCUSSION
Defendant does not dispute that he is eligible for pretrial detention pursuant to § 3142(f)(1)(A) for having been indicted for a “crime of violence,” specifically for assaulting, resisting, or impeding certain officers using a dangerous weapon, in violati on of 18 U.S.C. § § 111(a)(1) and (b) (Count Two)

. S ee United States v. Sabol , 534 F. Supp. 3d 58, 67

- 68 (D.D.C. 2021) (EGS) (holding that a defendant charged with a violation of 18 U.S.C. §§ 111(a)(1) and (b) is charged with a crime of violence); United States v. Klein , 533 F. Supp. 3d 1, 10 (D.D.C. 2021)7 (JDB) ( “The D.C. Circuit has not weighed in, but every circuit to address the issue has . . . conclude[ d] that § 111(b) does constitute a crime of violence.” (internal citations omitted)). 2 Accordingly , the Court’s inquiry is whether any “condition or combination of conditions will reasonably assure the appearance of [Defendant ] as required and the safety of any other person and the community.” § 3142(e)(1). With respect to the danger Defen dant presents to the community, the Court must “identify an articulable threat posed by [him],” based upon a “factbound inquiry” including the “context” of the charged offenses. Sabol , 53 5 F. Supp. 3d at 69 (citing Munchel , 991 F.3d at 1283 ) ( cleaned up ). I n determining whether Defendant is a danger to the community, the Court considers the 18 U.S.C. § 3142(g) factors including: (1) “the nature and circumstances of the offense charged”; (2) “ the weight of the evidence”; (3) “the history and characteristics” of the defendant; and (4) “the nature and seriousness of the danger to any person or the community that would be posed by the [defendant ’ s] release.” § 3142(g).
The Court shall consider t hese factors based upon the present record without holding a n
additional hearin g , which neither party requested

. See Sheffield , 799 F. Supp. 2d at 20 (permitting district court to use in its analysis the evidence relied on by the magistrate judge); see al so United
States v. Anderson , 384 F. Supp. 2d 32, 34 (D.D.C. 2005) (taking into consideration the indictment, “the briefs and other papers submitted by the parties, the proceedings before [the magistrate judge], the [magistrate’s ] findings of fact and conclusions of law, and the evidence and proffers before [the court]”)

. Based on t he current record, the Court concludes that clear and convincing evidence supports a finding that no condition or combination of conditions will “ reaso nably assure ” the

2 See also Munchel , 991 F.3d at 1281 (concluding that defendants charged under §§ 1752(a)(1) and (a)(2) for offenses involving a “deadly or dangerous weapon” are eligible for pretrial detention under § 3142(f)(1)(E)).8 “ safety of any other person and the community ” or flight in advance of trial , § 3142(e)(1). Accordingly, the Court orders that Defendant remain detained pending trial. See § 3142(e)(1)

. A. Nature and Circumstances of the Offense Charged Turning to the § 3142(g) factors, t he Court first con siders the “nature and circumstances of the offense charged” including “whether the offense is a crime of violence.” § 3142(g) (1)

. Despite the “serious and chilling nature” of the events that took place at the U.S. Capitol on January 6, 2021, Sabol , 534 F. S u pp. 3d at 71 , the D.C. Circuit has made clear that detention is not appropriate in all cases involving “Capitol Riot” defendan ts , see Munchel , 991 F.3d at 1284

. Rather, the Court must consider the specific offenses with which Defendant is charged and the conduct underlying those offenses. United Stat es v. Chrestman , 525 F. Supp. 3d at 25 . In so doing, the Court must “adequately demonstrate [ ] that it considered whether [Defendant ] pose[s] an articulable threat to the community in view of [his] conduct on January 6, and the particular circumstances of January 6.” Munchel , 991 F.3 d at 1283. “ [ T] hose who actually assaulted poli ce
officers and br oke through windows , doors, and barricades

. . . are in a different cat egory of dangerousness than those who cheered on the violence or entered the Capitol a fter others cleared the way. ” Id. at 1284. To aid in this consideration, Chief Judge Beryl A. Howell has articulated six “guideposts”

f or assessing “the comparative culpability of a given defendant in relation to fellow rioters” : (1) whether the defendant has been charged with felony or misdemeanor offenses; (2) the extent of
the defendant ’ s prior planning, “for example, by obtaining weap ons or tactical gear”; (3) whether the defendant used or carried a dangerous weapon; (4) evidence of coordination with other
protest e rs before, during, or after the riot; (5) whether the defendant played a leadership role in the events of January 6, 2021; and (6) the defendant's “words and movements during the riot”

— e.g. ,9 whether the defendant “remained only on the grounds surrounding the Capitol” or stormed into the Capitol interior, or whether the defendant “injured, attempted to injure, or threatened to injure
others.” Chrestman , 525 F. Supp. 3d at 25

- 2 8. As with other courts in this jurisdiction, the Court finds these Chrestman guideposts persuasive for the purpose of differentiating among Capitol Riot defendants

. 3 A pplied to
Defendant conduct on January 6, 2021 , these “guideposts” weigh modestly , but definitively, in
favor of continued pretrial detention.
As to the first Chrestman factor, the Indictment charges Defendant with four felony counts
and four misdemeanor counts

. “Felony charges are by definition more serious than misdemeanor charges; the nature o f a felony offense is therefore substantially more likely to weigh in favor of pretrial detention than the nature of a misdemeanor offense.” Chrestman , 525 F. Supp. 3d at 25

. In addition, § 3142(g)(1) specifically directs the Court to consider whether a defendant has been charged with a crime of violence, and at least one of the charged felonies

— using a dangerous weapon while assaulting , resisting, or impeding certain officers, in violation of 18 U.S.C. § 111(a) (1) and (b), see Indictment, Count Two

— is a crime of violence. See Sabol , 534 F. Supp. 3d

at 68 ; Whitton , 534 F. Supp. 3d at 38

. This offense carries a penalty of up to 20 years of imprisonment. § 111(b). The gravity of t hese offenses is undeniable, and weighs in favor of continued pretrial detention

. The second and third Chrestman factors

— the extent of the defendant’s prior planning, “for example, by obtaining weapons or tactical gear” and whether the defendant us ed or carried a dangerous weapon

— weighs against pretrial detention. It is unclear where the Def endant obtained

3 See , e.g. , United States v. DeGrave , 539 F. Supp. 3d 184, 201 (D.D.C. 2021) (PLF) ; United States v. Whitton , 534 F. Supp. 3d 32, 38 (D.D.C. 2021) ( EGS) ; Sabol , 534 F. Supp. 3d at 72 ; Klein , 533 F. Supp. 3d at 12 ; United States v. Pezzola , 531 F. Supp. 3d 13 9 , 147 (D.D.C. 2 021) (TJK)

.10 the fire extinguisher, i .e., whether he brought it with him to the C ap itol or whether it was already there. Nor is there any evidence be aring on the wrench ’ s provenance. There is no dispute that he

was wearing a police riot helmet while in the Capitol , meaning an officer went with out that protective gear.
The Court finds that the sixth Chrestman factor, the defendant’s “words and movements” during the riot, weighs in favor of pretrial detention , as they demonstrate that he acted “deliberately and dangerously

. ” Whitton , 534 F. Supp. 3d at 3 8. D e fendant ’ s use of the fire extinguisher broke
law

- enforcement lines in places , permitting rioters to break through and further assault the Capitol.
Defendant used the fire extinguisher in this way not just once, but twice. Simi larly, the Government alleges, Brockhoff threw a wr ench at a police officer below him. As suc h , Brockhoff
used violent means to accom plish violent ends. That the means may have been less violent tha n, for example, bashing a n officer with a f lagpole, 4 is immaterial. His actions were deliberate, and deliberately aimed at breaking police resistance

. These actions show a blatant disrespect for the role of law enforcement and their efforts to maintain the safety of the Capitol and the lawmakers
inside. T he photographic evidence of his assaul t s on police officer s an d other violent behavior weigh s in favor of detention.
As to the fourth and fifth Chrestman factor s , there is evidence that Defendant counseled others on how to access a secure room. Additionally, by breaking through and working to defeat police lines in his use of the fire ext inguisher, the evidence offered by the government suggests

4 See , e.g. , United States v. Rich ar dson , 202 2 WL 252034 at *2 (D.D.C. Jan. 27, 2022) (CKK) (affirming detentio n order where defendant struck officer multiple times with flagpole and where def endant had prior history of criminal conduct) ; United States v. Fairlamb , 535 F. Supp. 3d 30, 33 (D.D.C. 2021 ) (RCL) (granting govern ment ’ s detention wh ere defenda nt used discarded police baton to strike officer).11 that he was a leader in some ways. It is , however, a limited leadership role. Accordingly, these
factors mo destly weigh in favor of detention. Considering these facts together, the Court concludes that the “nature and circumstances”
of the offenses for which Defendant is charged demonstrate a disregard for the law , a willingness to act violently

— including against law enforcement off icer s

–– and a willingness to coordinate with others to accomplish unlawful and violent ends . Accordingly, the first factor of 18 U.S.C. § 3142(g) weighs in favor of detention on the basis that no condition or combination of conditions will reasonably assure the safety of the community. 18 U.S.C. § § 3142(e)(1 ), 3142(g)(1). Additionally, in view of “the substantial term of imprisonment” to which Defendant is exposed for his offenses, this factor also weighs in favor of his continued pretrial detention, on the basis that no condition or combination of conditions will reasonably assure Defendant appearance as required. Sabol , 534 F. Supp. 3d at 78 (citing 18 U.S.C. §§ 3142(e)(1), 3142(g)(1) ) ; see also
United States v. Chansley , 525 F

. Supp. 3d 151, 170 (D.D.C. 2 021) (RCL).

B. Weight of the Evidence The weight of the evidence against Defendant also favors continued pretrial detention. § 3142(g) (2)

. The images provided by the Government depict Defendant spraying offi cers with the extinguisher ’ s contents on two occasions, gaining access to the Capitol through a broken window,
and for ci bly opening a secured door to ente r Senate roo ms. See supra Section I(A). Although Defendant denies having thrown a wrench , two images d ep ict Defendant throwing some object at police lines. Because of the severity of Brockhoff ’ s ac tions

–– even absent the alleged wrench

–– the weigh t of the evidence counsels continued pretrial detention.

C. History and Characteri stics of the Defendant12 Under the third section 3142 (g) factor, the Court must consider Defendant “ history and characteristics, ” including his “character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning a ppearance at court proceedings,” and “whether, at the time of the current offense or arrest, [the defendant] was on probation, on parole, or on other release.” § 3142(g) (3)

. The Court is concerned that B rockhoff ’s

purpo rted penchant to leave home for months at a time for cross

- country road trips may portend a flight risk. Th at said, Defendant voluntarily assisted law enfor cement officers when he learned
law enforcement had a warrant for his arrest . Moreover, Defendant ha s no prior criminal record,
and there is no evidence of Defendant takin g any violent action other than on January 6, 2021.

Accor dingly, this factor weighs against continued pretrial detention.

D. The Nature and Seriousness of the Danger Posed by Defendant’s Release The final factor that the Court must consider is “the nature and seriousness of the danger to any person or the community that would be posed by the person’s release.” § 3142(g)(4). “Consideration of this factor encompasses much of the analysis set forth above, but it is broader in scope,” as it requires the Court to engage in an “open

- ended assessment of the ‘seriousness’ of the risk to public safety.” Cua , 2021 WL 918255, at *5 (quoting United States v. Taylor , 289 F. Supp. 3d 55, 70 (D.D.C. 2018)). “B ecause this factor substantially overlaps with the ultimate question whether any conditions of release ‘will reasonably assure

. . . the safety of any other person and the community,’ 18 U.S.C. § 3142(e), it bears heavily on the Court ’ s analysis.”
Whitton , 534 F . Supp. 3d at 46 (quoting Cua , 2021 WL 918255, at *5). As the D.C. Circuit recently explained in Munchel , the threat that an individual poses to the community must “be considered in context” and “whether a defendant poses a particular threat13 dep ends on the nature of the threat identified and the resources and capabilities of the
defendant.” 991 F.3d at 1283 . Accordingly, to the extent the Court’s determination of the defendant’s dangerousness relies on past political violence, the court must con sider whether “the specific circumstances that made it possible” for that violence to arise are likely to manifest themselves again. Id. at 1284

. This, in turn, requires the Court to consider whether the risk that a defendant poses can be mitigated by supervisory conditions, such as home detention or the presence of a third

- party custodian. See Klein , 533 F. Supp. 3d at 20

. As discussed above, D efendant ’ s conduct on January 6 , 2021 evince s a clear disregard for the safety of others

— and for law enforcement officers in particular. See, e.g. , Fairlamb , 535 F. Supp. 3d at 43 (“[ T]he defendant's willingness to assault a police officer on January 6

— in the full view of other officers, scores of bystanders, and many cameras

— confirms that, when enraged, he poses a danger to the community.”). The images show Defendant behind police lines, working to break them with the fire extinguisher

. See Chrestman , 525 F. Supp. 3d at 27 (“Grave concerns are implicated if a defendant actively threatened or confronted federal officials or law enforcement” because such conduct demonstrates “disregard for the institutions of government and the rule of law[.]”). Consistent with other courts in this jurisdiction, the Court is unpersuaded by any argument that he does not present prospective danger to the community because the precise circumstances of January 6 , 2021 may not recur. See, e.g. , Sabol , 534 F. Supp. 3 d at 84 (“W hile the circumstances of January 6, 2021 were unique, and the day has passed, it cannot be said that every Capitol Riot defendant is no longer a danger because those exact circumstances are unlikely to arise again.” ).
As the court articulated in Whitton , “even if the exact circumstances of the January 6 attacks are not ‘continuing in nature’ or ‘likely to be repeated in the future,’ the violent offenses [the14 defendant] committed that day are serious enough on their own to militate against pretrial release under this first Section 3142(g) factor.” 534 F. Supp. 3d at 43. The same is true as to Defendant

. Se e Munchel , 991 F.2d at 1284 (observing that Capitol Riot defendants who acted violently are in

a different category of dangerousness than those who did not do so ).
It is true that Defendant has not previously engaged in acts of violence. Nevertheless , i n
consideration of § 3142(g) , and noting the D.C. Circuit ’ s observation that “[i]t cannot be gainsaid that the violent breach of the [U.S.] Capitol on January 6 was a gr ave danger to our democracy, and that those who participated could rightly be subject to detention to safeguard the community,”

Munchel , 991 F.3d 1273 , the Court is persuaded that this factor weighs slightly in favor of pretrial
detention.

IV. CONCLUSION
On th e wh ole, this is a close case. Still, Brockhoff ’ s use of the fire extinguisher over two occasions to break police lines, forcibly making his way into restricted Senate rooms, and assisting others in accessing restricted spaces , amon g other factors discussed above , establish, by clear an d convincing evidence , that no condition or combination of conditions can be imposed that would reasonably assure the safety of the community if Defendant were released pending trial. 18 U.S.C. § 3142(e)(1)

. As such, the Court DEN IES Defendant ’ s [32] M otion . An appropriate Order accompanies this Memorandum Opinion.

Date d : March 10, 20 22 /s/ COLLEEN KOLLAR

- KOTELLY United States District Judge