A hearing is underway now in the case of Richard Barnett, one of the Capitol insurrection defs (photographed at Pelosi's desk) — the govt is challenging an Arkansas magistrate judge's release order. Chief Judge Beryl Howell in DC halted his release until she rules on the matter

Prosecutor Mary Dohrmann begins by arguing Barnett flouted laws "in the most brazen and flagrant manner possible" when he breached the Capitol: "He knew exactly what he was doing."

Prosecutor says the note that Barnett left for Pelosi in her office — "Nancy, Bigo was here you bitch" — was "disturbing" and says the photographs of him sitting at Pelosi's desk show that he appears to "relish" the notoriety

Govt says Barnett doesn't have a criminal record, but notes police reports where a caller lodged a complaint that he'd pointed a rifle at a car with a "Black Lives Matter" sticker and, in a separate incident, was carrying around guns in public

In that second police report, it was related to Barnett participating in a "Save the Children" rally. Judge asks if that's related to QAnon, and prosecutor says she believes it could be, but isn't definitive about that

Prosecutor says the govt hasn't recovered the stun device (in the form of a walking stick, not the usual stun "gun" form) he allegedly brought to the Capitol and hasn't found his phone (and noted that he turned off location services), and there's evidence he hid his guns

Barnett's lawyer Anthony Siano begins by saying Barnett arranged to turn himself and showed up when he was supposed to; Howell asks, but isn't it true, as FBI agent testified, that gave Barnett time to clear out his house? Siano acknowledges that testimony

Howell asks Siano about a comment Barnett gave to a NYTimes reporter about going into Pelosi's office, which also appeared in the Wash Post: "I wrote her a nasty note, put my feet up on her desk and scratched my balls." Siano says he hasn't seen those articles

Things are going downhill fast for Barnett's lawyer — he'd filed a letter accusing prosecutors of hiding the ball re: appealing Barnett's release and trying to forum shop, and Howell says those are all without merit, and "throwing around" misconduct claims is "not acceptable"

Siano continues, saying Barnett doesn't have a criminal record, and the govt has long had his fingerprint on file. Howell asks about govt claim that his birthdate is wrong on his driver's license. Siano acknowledges that, but insists he only has one set of fingerprints

Howell makes clear she was not impressed by testimony at the Arkansas from Barnett's friends/family re: him being a good guy and not violence, saying it wasn't really relevant to the factors re: detention

Howell was about to announce her decision, but then Barnett chimes in to say he wants to speak with his lawyer, and insists, "I am a good man" and that he's involved in his community and people "love" him. He's now being connected by phone to his lawyer

After Barnett talks to his lawyer, lawyer comes back and says Barnett wanted to say there was no QAnon connection to the "Save the Children" rally and that photos from the Capitol did not show he was still in possession of the stun device later

Howell is about to announce her decision, and going through each of the factors re: detention. She sounds angry. She says the title of the charges Barnett faces are "too benign" to describe what happened, calling it criminal activity destined to go down in the "history books"

Howell says DC is still living with the "consequences" of the assault on the Capitol, and calls the evidence against Barnett overwhelming. He "strutted" into Pelosi's office and "felt so entitled he put his feet on the desk" and took her mail.

"Brazen, entitled, dangerous"

I can't stress enough that Howell is absolutely *laying into* Barnett, reading with incredulity and anger his comments to the press about going into Pelosi's office and what happened at the Capitol

Howell says it's troubling that it appears Barnett's partner took steps to hide evidence, and raises questions about her ability to serve as a third-party custodian to ensure compliance

Howell says Barnett admitted, "almost bragged," about taking steps to avoid detection and also was open about clearing out his house before it was searched and he turned himself in. "He's certainly a braggart," judge says, noting that admitting all these things is not smart

Now: Surprising absolutely no one following the hearing at this point, Chief Judge Howell rules that Richard Barnett, the Arkansas man photographed sitting with his foot up at Pelosi's desk, will remain in detention (reversing release order entered by a magistrate judge)

Howell, growing angry again: "His entitled behavior...shows a total disregard for the law and for officials' directives. A total disregard for the US Constitution."

Howell says the magistrate judge in Arkansas did a "thorough" job considering the record, "but I respectfully disagree"