Capitol riot defendant Pauline Bauer of Kane will remain in jail as her case proceeds through federal court, ruled Judge Trevor McFadden on Tuesday.
Bauer, 54, has been incarcerated since Sept. 17, for allegedly refusing to cooperate with pretrial conditions set by the court. In the most recent request for release, filed in December, Bauer said she had taken anger management classes and meditation classes, and posed no flight risk or threat to the public.
She has filed several motions for release, the latest of which was denied Tuesday with a brief notation on the online docket: “The Court stated on the record its reasons for ordering pretrial detention for the defendant.”
Bauer had filed an appeal to the D.C. Appeals Circuit, which affirmed McFadden’s decision. Bauer had asked for reconsideration, which was denied as well.
Through her standby counsel, Carmen Hernandez, Bauer filed a response to the prosecution’s opposition to her motion to dismiss a charge against her for allegedly obstructing an official proceeding. The 31-page reply stated that the charge of obstructing an official proceeding in this case is an “open-ended and broad interpretation” that isn’t based on principles or standards spelled out, but rather on “the whim of the prosecution.”
The attorney mentioned the case of William Blauser, who was with her throughout the day. He was charged only with misdemeanors while she is charged with a felony, according to the reply brief.
Until Jan. 6, the attorney wrote, every prosecution under that charge “involved allegations that defendants interfered with the integrity or availability of information destined for a proceeding,” according to the brief.
There was no ruling on that motion as of Thursday.
Bauer was one of the people who allegedly entered the East Rotunda door of the U.S. Capitol on Jan. 6, disrupting the certification proceeding for the presidential election.
Prosecutors said video footage from the riot shows Bauer calling for House Speaker Nancy Pelosi, D-Calif., to be hanged.
Bauer is charged with entering any restricted building or grounds without lawful authority, engaging in disorderly or disruptive conduct in restricted building or grounds, disorderly conduct in a Capitol building and parading, demonstrating or picketing in a Capitol building, obstruction of an official proceeding and aiding and abetting.
