During a virtual hearing Friday, a federal judge in Utah said prosecutors failed to meet the legal threshold to keep him in custody as he awaits further court proceedings.
Sullivan, who told Fox News last week that he’d gone inside the Capitol to “document” the events that were unfolding, is accused of taking part and encouraging rioters as they swept through the building.
The mayhem left at least five people dead, including the woman Sullivan filmed and a Capitol Police officer.
Sullivan is required to stay off of social media, surrender his passport and be on house arrest. He also will have to stop working for the Insurgence USA activist group he founded, although he won’t have to cede control.
In addition, Sullivan, who posed with a rifle at protests over the summer, is now prohibited from possessing firearms.
The arrest by the FBI happened on Thursday in his home state of Utah. Sullivan could not immediately be reached for comment Friday.
Video that the former Olympic speed skating hopeful recorded for his social media accounts was later given to the FBI as evidence, according to a criminal complaint.
Inside the building, he told rioters that “We got to get this s— burned,” and “it’s our house m————,” according to an affidavit signed by FBI Special Agent Matthew Foulger.
“We accomplished this s—,” he said at another point, from within the mob. “We did this together. F— yeah! We are all a part of this history.”
In an interview with Rolling Stone published Wednesday, Sullivan said he was putting on an act to build rapport with the protesters.
Prosecutors intend to try his case in Washington D.C. He has another case pending in Provo, Utah, in connection with a protest he organized in June. At that event, someone in attendance shot a motorist during an altercation.
Black Lives Matter Utah told Fox News Friday that Sullivan is not a member, has never attended a meeting, and that he has no association with the group.
The Associated Press contributed to this report.