Seeing as they called 911 before they pursued Arbery, it's hard to claim they INTENDED to kidnap him. Whether they were within their rights or not, it would appear they intended to hold him for police. Of course this is the feds, so if they indict the men, there's about a 98% chance they will make a plea deal or be convicted.
Yeah, guilt or innocence appears to be of no consequence anymore, especially with the feds.