Judge orders man accused of spraying Ilhan Omar held before trial, possibly in solitary confinement

The man who allegedly attacked Rep. Ilhan Omar, D-Minn., with a mysterious liquid later identified as apple cider vinegar will remain in custody until he stands trial after the judge deemed him to be a danger to the community.

Anthony James Kazmierczak, 56, appeared in court on Tuesday, one week after he allegedly used a syringe to spray the congresswoman during a town hall in Minneapolis. 

Court-appointed defense attorney John Fossum noted that Kazmierczak was wearing a yellow jumpsuit, telling the courtroom that color signifies his client is being held in solitary confinement. He expressed concern for Kazmierczak's mental state.

While Kazmierczak is not considered a flight risk, U.S. Magistrate Judge David Schultz ordered that he remain in custody to reduce risk to the community. The decision, the judge said, was made in light of the charges in Hennepin County. They include one felony count of terroristic threats and one count of fifth-degree assault.

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"This was a disturbing assault on Rep. Omar, who is frequently the target of vilifying language by fellow elected officials and members of the public," Hennepin County Attorney Mary Moriarty said in a statement. "The trust of our community in the federal government keeping politics out of public safety has been eroded by their actions. A state-level conviction is not subject to a presidential pardon now or in the future."

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Fossum stated that his client is not in good health and is suffering from Parkinson’s disease and sleep apnea. He went on to argue that the "risk of harm" to Omar was "actually quite small," saying that the liquid was relatively harmless. 

However, Assistant U.S. Attorney Benjamin Bejar argued that it could've caused bodily injury.

"Certainly that would cause bodily injury if that got in Rep. Omar’s eyes," Bejar said. "We simply cannot have protesters and people, whatever side of the aisle you’re on, running up to a representative conducting official business."

Kazmierczak allegedly admitted to Minneapolis police during his arrest that he had squirted vinegar on Omar.

When the alleged attack occurred, Omar was speaking about immigration policy and called for a transparent investigation and legal action against U.S. Immigration and Customs Enforcement, as well as the abolition of the agency. She also said Homeland Security Secretary Kristi Noem should resign or "face impeachment."

Omar stepped back momentarily, appearing shaken after Kazmierczak allegedly sprayed her with the liquid. After a brief pause, Omar continued to address the crowd for at least another 10 minutes.

Kazmierczak has a criminal history and was convicted of driving while intoxicated in 2009 and again in 2010. Records indicate he served one day in jail followed by five years supervised probation for the 2010 conviction and was put on home detention for 30 days in relation to his 2009 conviction.

Fox News Digital's Adam Sabes contributed to this report.