A federal judge in Utah decided to conditionally release known left-wing agitator John Earle Sullivan without bail on Friday, claiming that the prosecution “failed to meet the legal threshold to keep him in custody as he awaits further court proceedings,” according to Fox News.

Sullivan was reportedly charged Thursday for his role in the breach on the U.S. Capitol on January 6. The 26-year-old was charged with entering a restricted building or grounds, “civil disorders,” and violent entry or disorderly conduct, KUTV 2 News reported.

The agitator told Fox News last week that he was at the Capitol to “document” the rally.

“Sullivan is required to stay off of social media, surrender his passport and be on house arrest. He also will have to stop working for the Insurgence USA activist group he founded, although he won’t have to cede control,” according to Fox News, adding that Sullivan, who carried a rifle at protests over the summer following the death of George Floyd, is now prohibited from possessing firearms.

Politifact—a left-wing fact-checking site—reported that Insurgence USA is “an activist group against police brutality.”

Reporter Erin Cox tweeted: “Violating these conditions of release could call for another arrest and could invoke separate court proceedings. With these requirements, John Sullivan will be released from jail. @fox13.”

Fox News reported that Sullivan has another charge pending in Utah related to a protest he organized over the summer where a motorist was shot during an altercation.

“Sullivan will virtually appear next at a D.C. hearing on Jan 22,” Fox 13’s Erin Cox reported Friday.

Chuck Ross of the Daily Caller News Foundation noted Thursday that Sullivan appeared on CNN’s “Anderson Cooper 360” following the breach, claiming that he witnessed the fatal shooting of protestor Ashli Babbitt by a Capitol Police officer. He also appeared alongside MSNBC’s Chris Hayes, Ross added.

“Left wing activist John Sullivan charged in Capitol riots. He was filming as Ashli [Babbitt] was shot in the Capitol. Was interviewed by Chris Hayes and Anderson Cooper,” Ross posted to Twitter.

Sullivan allegedly cheered on the breach and subsequent destruction, according to an affidavit of probable cause. KUTV 2 News quoted the affidavit, in part, as follows:

After the crowd broke through the last barricade, and as SULLIVAN and the others approach the Capitol Building, SULLIVAN can be heard in the video saying at various points: ‘There are so many people. Let’s go. This s— is ours! F— yeah,’ ‘We accomplished this s—. We did this together. F— yeah! We are all a part of this history,’ and ‘Let’s burn this s— down.’”

Sullivan also allegedly stated, “We gotta get this s*** burned.”

The Daily Wire reported:

KUTV 2 News reporter Heidi Hatch highlighted Sullivan’s left-wing and expressly anti-Trump activism, on Thursday. “John Sullivan in DC in December-post from Instagram. He’s behind in the Tooele County Jail in Utah. His first court appearance 1/15 Friday,” she tweeted, captioning an Instagram video allegedly posted by Sullivan.

The video is captioned: “We got to rip that MF (motherf***er) out of office,” an apparent reference to Trump. The caption adds the hashtags: “#F***Trump,” “#BLM,” “Antifa,” and “TrumpMeltdown.”

The man featured in the video also says: “We gotta f***ing rip Trump out of that office, right over there. F***ing pull him out that s***. We ain’t about wait ’til the next election. We about to go get that motherf***er.”

Fox News reported that Black Lives Matter Utah said Sullivan “is not a member, has never attended a meeting, and that he has no association with the group.”

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