'Concerned about danger': Judge worries he might have to free J6 defendant accused of threatening Obama

A courtroom drama is unfolding as federal prosecutors struggle to keep in confinement the January 6 defendant who was arrested last Thursday with guns and hundreds of rounds of ammunition near the home of former President Barack Obama, according to reporting from WUSA9 investigative reporter Jordan Fischer.

Taylor Taranto, 37, of Seattle, has remained in custody since his apprehension by Secret Service agents. But U.S. Magistrate Judge Zia M. Faruqui said Wednesday that he might have to release Taranto if federal prosecutors can't file stronger new charges, WUSA reported.

Taranto is currently being held on only four misdemeanor charges related to entering the U.S. Capitol on January 6.

“Faruqui said that left his hands tied in deciding whether to grant the DOJ’s request to detain Taranto, because he believed he could only do so if he found him to be a flight risk. Faruqui suggested Wednesday he didn’t view Taranto as such. “I’m sure you can appreciate I’m very concerned about danger,” Faruqui said. “I’m much less concerned about flight risk.”

Read more: Trump aide Walt Nauta must flip or 'it's almost a certainty he will go to prison': Ex-prosecutor

Fischer reported today that prosecutors told Faruqui “they WILL be seeking additional charges for Taylor Taranto. No specifics on date or type yet."

But he also reported this from Taranto’s attorney, Kathryn Guevara: "I do believe my client is being treated differently in this case... I think it is really telling that the contemplated charges do not include any of the supposed threatening conduct."

A detention hearing is set to begin Thursday afternoon, NBC's Ryan Reilly reported.