A magistrate judge ruled this week that Griffin should be held without bail, according to The Hill. They argued that the official's claims about the illegitimacy of the November election raised doubts about his ability to follow court orders.
But a judge at the District Court for DC said on Friday that Griffin's statements, while provocative, "do not suggest that there are no combination of conditions that could assure his appearance in court".
According to court documents, Griffin posted videos on Facebook saying he intended to return to Washington on the day of US President Joe Biden's inauguration to "plant our flag" on House Speaker Nancy Pelosi's desk.
Griffin was arrested almost two weeks after a group of Donald Trump's loyalists stormed the Capitol building on 6 January. A crowd that came to protest at a "Stop the Steal" rally breached the rotunda in a bid to prevent Congress from certifying Biden's victory prompting an evacuation of lawmakers.
Law enforcement agencies are currently identifying hundreds of rioters for prosecution, with over 100 people already charged for participation in the violent clashes that resulted in the deaths of at least 5 people.