(CNN) – Federal authorities say a Jan. 6 rioter who was freed after President Donald Trump’s pardon on Monday should still be in jail.
Guy Reffitt was indicted on a charge of possessing an illegal gun silencer three years ago.
A federal judge in Texas ordered him to remain in jail until he’s tried in that case, where he’s pleaded not guilty.
After the Trump pardon, Reffitt’s lawyer filed court papers to convince the judge to release him as he awaits trial.
The judge hadn’t yet decided whether to release him, but he was released nonetheless because of the Jan. 6 pardon.
The Justice Department in the Eastern District of Texas said Friday that Reffitt should still be in detention because of the alleged firearms violation.
Even one of Reffitt’s own attorneys and some federal authorities believed he was and should still be in custody.
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