A federal judge on Monday ruled that a Trump appointee charged in the Jan. 6 riots at the U.S. Capitol can be released pending trial, finding the Justice Department could not concretely prove he would be a future danger to the community.

Federico Klein, who served as a Freedom of Information Act officer in the State Department during the Trump administration, was indicted last month on several charges stemming from his involvement in the Capitol riot, including assaulting an officer. Magistrate Judge Zia Faruqui of the District of Columbia last month ordered that Klein be detained pending trial, finding the former federal employee had “switched sides” when it came to defending the U.S. Constitution.