A federal judge ruled Friday that Thomas Caldwell, who allegedly conspired with members of the Oath Keepers to storm the Capitol on Jan. 6, can be released from jail and go home while his case is pending.

Caldwell, 66, who has back pain that he says is exacerbated by detention, was not among the members of the Oath Keepers who stormed the Capitol. US District Judge Amit Mehta said there is no direct evidence that he planned to enter the building. He also noted that Caldwell had cooperated with FBI agents when they came to interview him.