The judge who presided over Mr. Hubert’s detention hearing on Monday sided with prosecutors about his release.
“Mr. Hubert, words have meaning,” Chief Magistrate Judge David P. Rush said, according to The Kansas City Star. “And your words rise to the level of posing a danger.”
David Mercer, a federal public defender for Mr. Hubert, did not immediately respond to a request for comment on Monday, but was quoted by The Star as telling Judge Rush that his client did not have a criminal record and that he had an increased risk of contracting the coronavirus if he remained in jail because of unspecified medical conditions.
A spokesman for Mr. Cleaver did not immediately comment on Monday, but the congressman suggested last week that race and religion were factors in the threats that Mr. Hubert is accused of making.
“The individuals who he would like to hang, one is African-American and one is Jewish,” Mr. Cleaver said, according to the Kansas City television station Fox 4. “I don’t know. Maybe that’s a coincidence. I don’t think so.”
Mr. Cohen’s chief of staff declined to comment on Monday night, citing the continuing legal proceedings.
On the day of the Capitol siege, prosecutors said, Mr. Hubert left two voice-mail messages at the Missouri Democratic Party offices threatening to emulate the actions of the rioters.