A Virginia federal magistrate has ruled against the Department of Justice, releasing Peter Stinson to home confinement while he awaits trial.
On Thursday, Magistrate Judge Ivan D. Davis ordered Stinson to home detention in Oakton, Virginia, despite prosecutors’ objections. Davis sided with defense attorneys who argued that Stinson’s online posts — flagged by the DOJ as threatening — were constitutionally protected political speech. “The weight of the evidence,” Davis said, “on a scale from one to 10, let’s just say it’s not on the side of 10.”
No Custodian Required
In a win for the defense, Davis declined the DOJ’s request to assign a third-party custodian. He cited Stinson’s strong community ties, clean criminal record, and long-standing roots in the region as reasons for leniency.
Stinson will remain on home detention under the following conditions:
- Home detention with electronic ankle monitoring
- A court-ordered affidavit confirming no firearms at the residence
- Compliance with all pretrial supervision requirements
As Law & Crime reports:
Stinson’s public defenders had argued in court filings that he “poses no risk of flight or danger to the community” — claiming his comments were “political hyperbole” and not “true” threats against the president.
“While the government characterizes these posts as ‘threats,’ they constitute political advocacy that the First Amendment was squarely designed to protect,” wrote Stinson’s legal team in a memorandum for pretrial release.
They claim that Stinson’s statements lack the “specificity, imminence, and likelihood of producing lawless action” required to fall outside constitutional protection. His speech, instead, falls “squarely” within the realm of protected political advocacy, per the release memo.
“Significantly, the scope of First Amendment protection for political speech — even speech that could be construed as encouraging violence — has been demonstrated by statements from political figures across the spectrum, including President Donald Trump, who has made similar statements that encourage violence against political opponents without facing criminal prosecution,” Stinson’s lawyers said. They point out instances where Trump said things in the past, including comments about Hillary Clinton and warnings in 2023 of “potential death and destruction” if he were to be criminally charged.
Stinson, 63, a retired U.S. Coast Guard lieutenant and former FEMA instructor, was arrested Monday in Oakton, for allegedly making repeated threats to assassinate President Trump. Stinson, who served from 1988 to 2021 and was recognized for his sharpshooting skills, is accused of posting numerous violent threats on social media platforms over the past five years.
According to a federal affidavit, Stinson identified himself as a member of antifa and made explicit threats involving firearms, poisons, and knives. In one post, he referenced the term “Luigied” — emerging slang referring to the alleged murder of UnitedHealthcare CEO Brian Thompson by Luigi Mangione — and expressed doubts about his own assassination abilities, while implying dishonesty in that claim. Authorities also noted that he frequently referenced “8647,” a number linked to a controversial post by former FBI Director James Comey.
Following the first 2024 assassination attempt on Trump in Butler, Pennsylvania, Stinson’s online threats escalated. On June 11, 2025, he allegedly posted on Bluesky: “When he dies, the party is going to be yuge.”
What Happens Next
Stinson’s release is not final. Pretrial hearings will continue to assess whether home confinement remains appropriate or if stricter measures are warranted.
The DOJ has not said whether it plans to appeal the ruling.
READ NEXT: MAGA Congressman Issues Fiery Response After Terrifying Assault [WATCH]
This court will rue the day