What is the current state of the law on pre-trial release?

The Bail Reform Act of 1984 requires pre-trial release on a personal recognizance bond "unless the [court] determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community." 18 U.S.C. 3142(b). A serious risk of obstruction of justice may qualify as such a danger to the community. See United States v. LaFontaine, 210 F.3d 125, 134-35 (2d Cir. 2000).

If the district court determines that release on the defendant's personal recognizance creates a risk of flight or a danger to the community, "the law still favors pre-trial release," United States v. Sabhnani, 493 F.3d 63, 75 (2d Cir. 2007), but "subject to the least restrictive further condition, or combination of conditions, that [the court] determines will reasonably assure the appearance of the person as required and the safety of any other person and the community," 18 U.S.C. 3142(c)(1)(B).