“Last time we were here 30 days ago, I was convinced that it was a plan to execute an incursion on the Capitol building,” the judge told Caldwell’s attorney. “You’ve raised some evidence that, I think, rebuts that notion.”

The judge has since released other defendants, noting there’s no evidence they assaulted anyone at the Capitol or, in some cases, don’t appear to be as involved in the planning before Jan. 6.

But Mehta on Friday ordered Meggs to remain locked up, calling him a danger to the community. The judge said his communications in the weeks leading up to the attack show he was planning for violence in the streets of Washington even if none specifically mention a plot to storm the Capitol.

Prosecutors have also apparently been unable to get on the same page about what to say to the press.

A judge recently scolded the Justice Department over a “60 Minutes” interview during which the prosecutor who was leading the investigation suggested some of the rioters could face sedition charges. Former acting District of Columbia U.S. Attorney Michael Sherwin’s interview appeared to violate Justice Department rules and Sherwin is now under internal investigation, a prosecutor told the judge.