Donohoe to remain jailed on Capitol riot charges

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Apr. 23—WASHINGTON — A federal magistrate judge ruled Thursday that a Kernersville man must remain behind bars while awaiting trial on charges that he plotted with other members of the far-right Proud Boys group to storm the U.S. Capitol on Jan. 6 to stop Congress from certifying President Joe Biden's electoral victory.

Judge Michael Harvey of U.S. District Court in Washington, D.C., rejected arguments by the attorney for Charles Joseph "Charley" Donohoe, 33, that there was no evidence that Donohoe posed a danger to the community. Although he said that Donohoe does not appear to be a flight risk and has a supportive family and a 4-year-old son, Harvey cited text messages that prosecutors say Donohoe exchanged with other Proud Boys leaders, the news website Politico reported.

"They spoke of political violence, of the spirit of 1776, of revolution, of war," Harvey said. "There's no evidence in the record that the defendant or co-conspirators saw Jan. 6 or even the transfer of power to the Biden administration ... as the end of that struggle."

When one member texted the group that Biden's ascension to the presidency would make their efforts futile, Donohoe replied, " 'No it's not. It's never too late. Ever,' " Harvey said.

Harvey's decision follows the decision by another judge earlier this week to revoke bond for two other Proud Boys leaders who had been indicted along with Donohoe —Ethan Nordean of Auburn, Washington, and Joe Biggs of Ormond Beach, Florida — and order them held until trial. In that case, Judge Thomas Kelly ruled that new evidence produced by prosecutors persuaded him that the men posed a potential threat to public safety.

Kelly's ruling prompted Harvey to postpone Donohoe's hearing by a day so he could study the ruling.

Federal prosecutors have been building a case alleging that members of two nationalist groups, the Proud Boys and the Oath Keepers, planned to attack the Capitol in advance of Jan. 6 and orchestrated movements around and inside the Capitol during the riot that followed President Donald Trump's rally against the election results. Dozens of members of the groups have been charged.

Donohoe has been in federal custody since his arrest March 17 at his job in Kernersville.