Man who threatened to put a ‘big red hole’ in Trump’s ‘orange head’ is released from jail

Peter Stinson, 63, appeared in a Northern Virginia courtroom this week, where U.S. Magistrate Judge Ivan D. Davis ruled that the evidence against him was not sufficiently strong to warrant continued incarceration.

“The weight of the evidence, on a scale from one to 10, let’s just say it’s not on the side of 10,” Judge Davis stated during the hearing.

Stinson will serve his pretrial detention at his residence in Oakton, Virginia, under electronic monitoring. His public defenders had argued that his online remarks were political hyperbole rather than genuine threats.

“Mr. Stinson poses no flight risk or threat to public safety,” his attorneys wrote in a pretrial release filing, characterizing his words as “protected political speech” under the First Amendment.

Defense Cites First Amendment Protections

Stinson’s legal team asserted that his online posts — including a comment that “When he dies, the party is going to be yuge” — amounted to hyperbolic rhetoric rather than actionable threats.

“While the government characterizes these posts as ‘threats,’ they constitute political advocacy that the First Amendment was squarely designed to protect,” the filing stated. They further argued that his statements lacked the specificity, immediacy, and intent required to be considered a “true threat” under U.S. law.

His attorneys also highlighted what they described as a political double standard, noting that Trump himself had made inflammatory remarks without facing legal consequences.

“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,” his legal team wrote.

They cited instances like Trump’s 2016 comment about Hillary Clinton — “If she gets to pick her judges, nothing you can do, folks. Although the Second Amendment people — maybe there is, I don’t know” — and his 2023 warnings of “potential death and destruction” if he faced legal charges.

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Prosecutors Cited Public Safety Risks

Federal prosecutors opposed Stinson’s release and requested the appointment of a third-party custodian to oversee him. However, Judge Davis denied this request, noting Stinson’s lack of a criminal record and deep ties to his community.

According to his lawyers, Stinson is a father of five who spent 33 years serving in the Coast Guard, followed by work as an instructor for the Federal Emergency Management Agency (FEMA).

“Mr. Stinson’s substantial ties to the community, his family, and his history of service to his country weigh in favor of release,” his defense team wrote. They also noted his role in organizing the “Mayday Movement,” a peaceful political protest to advocate for Trump’s impeachment.

Stinson’s lawyers emphasized that his permit for the protest “demonstrates his commitment to working within the legal system to express his political views.”

Details of the Charges

Stinson faces one felony count of threatening the president of the United States, according to a probable cause affidavit. Federal investigators allege that Stinson, a self-described member of the anti-fascist movement known as antifa, posted repeated threats toward Trump online, often using coded language and slang.

Investigators cited messages in which Stinson referred to the president as “Orange,” “One Ear,” “Krasnov,” and even simply the orange emoji.

In one of the most explicit posts in March 2025, Stinson wrote that Trump “needs to be luigied,” a cryptic reference to Luigi Mangione — the suspect accused of assassinating a prominent health care executive in December 2024. Another post in February read, “He’d look and sound better with a big red hole in his orange head,” prosecutors alleged.

However, Stinson will remain under home detention as his case proceeds.