Ex-Cop now Defendant Thomas Robertson did you really try to roll this on to your son? Father of the year you are not.
6months & 1 day later the healing our Country needs can only be achieved when the perpetrators of Jan 6th attack face justice in a courtroom. I’m not ready to move on. A pox on those who say we should
in order to make sense of the recent developments in the Defendant Thomas Robertson Case - I am going to briefly do a reverse chronological Order -meaning from January 2021 to Present. Otherwise it’s possible to get confused with what’s happening with this case. And no I’m not wasting my time trying to track down my January 2021 Twitter thread. I recall trying to inform my followers that we need to be mentally prepared for law enforcement and military members to be charged (I think I tweeted that on the evening of Jan 6, 2021) but admittedly it’s one thing to say “be mentally prepared” but it’s another thing to actually have concerns actually materialized.
This is a fairly lengthy article and sourced to the teeth. And oddly I don’t regret the amount of time it required to read the full docket and then chase down the numerous search warrants. Because facts are facts and having those documents means you can also read the facts. Ready set —let’s begin…
January to February 2021 Background
The January 13, 2021 DOJ-OPA press release, which reads in part:
Two off-duty Rocky Mount, Virginia police officers were charged yesterday in federal court in the District of Columbia in connection with the riots at the U.S. Capitol on Wednesday, Jan. 6, 2021.
Jacob Fracker and Thomas Robertson were charged by complaint with one count of knowingly entering or remaining in any restricted building or grounds without lawful authority and one count of violent entry and disorderly conduct on Capitol grounds. Both defendants were arrested on January 13, 2021, in Virginia.
Previous Case Documents:
January 12, 2021 Robertson and Fracker Complaint
January 12, 2021 Robertson and Fracker Statement of Facts
January 29, 2021 Robertson and Fracker Indictment
On January 19, 2021 ORDER Setting Conditions of Release as to THOMAS ROBERTSON (1) Personal Recognizance. I uploaded the document to my public drive. As you can see Defendant Robertson was expressly ordered
(k) not possess a firearm, destructive device, or other weapon
Most importantly WDVA & DDC
So this is both confusing and important (particularly for those who might have limited knowledge of who/why/what/when/how our judicial system ) …during the January 12, 2021 hearing, held in the WDVA —because that’s the district the arrest occurred (hence Rule5) and that’s where you have to look at the language in the
United States v. Robertson WDVA MJ Case No: 7:21-mj-00005
I now refer you to Doc No 9 -Page 2 - this is the Minute Entry for video conferenced proceedings held before Magistrate Judge Robert S. Ballou:Initial Appearance Rule 5(c)(3) Complaint/Indictment. Do you see what I’ve highlighted? Based on the hearing minutes of the WDVA 1/13/2021 1hearing the Court Ordered Defendant Robertson to move his firearms by 1/15/2021 COB.
Court addresses defendants. Unsecured bonds. $15,000. Reside at homes. No firearms. Relocate firearms in homes by COB on Friday. Travel restricted to WDVA.
This is one of the primary reasons I’ve tried to almost always provide you with both MJ Case Numbers, the original jurisdiction and the arresting jurisdiction. And yes I know it’s confusing Moreover this isn’t a theoretical “ask” this is an Order from the Court and Defendant Roberson failed to remove the firearms by the January 15, 2021 date imposed by the WDVA Court. Hence Strike Number One
How do I know this? Easy just look at the previous search warrants. Specifically the January 19, 2021 Federal Law Enforcement executed a search warrant on Defendant Robertson’s home (See WDVA-ECF for the affidavit or pull it down from my public drive) FOUR DAYS AFTER the January 15, 2021 COB deadline.
January 19 2021 Search Warrant as to Defendant Robertson & Fracker returned executed
So on Jan 19th while Federal Agents were executing a search warrant at the defendant’s home, in connection to his activities of Jan6th, namely the Capitol riots —law enforcement discovered and seized eight firearms from the home, including the following:
Glock 17, Serial Number ending in 064, Glock 21, Serial Number ending in 985, with attached Streamlight TLR-1, Glock 19, Serial Number ending in 260 along with a Galco leather holster K109L, Smith and Wesson, Serial Number ending in 106, Daniel Defense, Serial Number ending in 55D, with LaRue Tactical optic and Surefire light, Radical Firearms, Serial Number ending in 711, Springfield Armory 1903, Serial Number ending in 427 and Hawken Rifle, Serial Number ending in 639
June 28, 2021 Search Warrant
So in order to follow the chain of events, some time in mid-February 2021 Federal Law Enforcement obtained a different search warrant for Defendant Robertson’s “yahoo email” account info. It would also make sense that the investigators also obtained an additional warrant for the “gmail email account” then on June 28, 2021 an FBI Agent filed this Affidavit for an additional search warrant of Defendant Robertson’s home (filed under WDVA MJ Case No 7:21-mj-00083 - also see WDVA-ECF) and yes I partially redacted the Defendant’s home address because doxing isn’t cool.
“yourAffiant has probable cause to believe that THOMAS ROBERTSON (hereinafter referred to as “Robertson” or “the defendant”) engaged in violations of 18 U.S.C. §§ 922(n) 2… that evidence, fruits and instrumentalities related to these violations, (as further described in Attachment B), may be found at the SUBJECT PREMISES.
As you’ll note in paragraphs 14 thru 28 the Affiant proffers multiple email communications from Defendant Robertson to “Generated from: ar15.com” - pages 6 thru 12 of the June 28, 2021 Affidavit detail numerous symmetrical email communication between Defendant Robertson. For Example:
February 17, 2021, in connection with the FBI’s on-going investigation into Robertson’s involvement in the riot at the U.S. Capitol, a Magistrate Judge in the District of Columbia issued a search warrant for Robertson’s Yahoo email account…case number 21-sc-55… identified information indicating that Robertson was involved in the purchase, sale, and possession of firearms and ammunition in the time after his indictment for a felony violation of 18 U.S.C. § 1512, while he was on pre-trial release in this case, including the following information
February 13, 2021, the @yahoo.com account received an email that was “Generated from: ar15.com”; the email requested that the recipient reply to @gmail.com and stated “Hey Tom…I sold you the M855A1… if you’re interested, or know anyone that is, I have more M85561 available as well as M80A1.”
Venmo “wedding pictures” $3,500.00 PayPal suspended Defendant Robertson’s Account
Oh you think I’m pulling that out of thin air? Well I now refer you to page 7 and paragraphs 17 thru 20 of the June 28, 2021 Affidavit for a search warrant
February 13, 2021, the [redacted]@yahoo.com account replied to [redacted]@gmail.com saying “I absolutely am interested. Price and quantity?” On the same day, @gmail.com replied, in part “I have 1000 rounds on stripper clips of M855A1 $1800 shipped insured. I have 2000 rounds loose (delinked) M80A1 $10k shipped or 1000 rounds $5k shipped insured.”
According to records received from Venmo, Robertson paid $3600 to the person using the email account [redacted]@gmail.com on February 14, 2021. The notes associated with the transaction indicate that the payment was for “Wedding Photos.” On the same day, the [redacted]@yahoo.com account sent an email to [redacted]@gmail.com saying “Venmo sent”…the message included a screenshot of Venmo that stated, in part, “You paid“ The screenshot also showed “-3600,” indicating that the payment was sent by Robertson, and that the payment was for “Wedding Photos”
Tom - iShip_Services@iship.com tracked your order delivery - you dolt
Against my better judgment I decided to run a basic and I mean basic search on TJ Robertson via the AR15.com website and it took me exactly 1.2 seconds to pull a massive thread - based on preliminary research it appears Defendant Robertson might have previously (and unlawfully) sold federally regulated firearms sans the prerequisites Federal License required. See archived 2013 AR15.com thread, also see 2007 sale also see 2005 sale - he was a very active member on this particular gun forum archived and I went ahead and archived his profile -although it appears he largely abandoned this account in late 2017.
…received an email from iShip_Services@iship.com. The email stated, in part, “A carrier shipping label has been generated for the shipment to TJ Robertson and is at UPS CC EAGAN MN awaiting carrier pickup. It will be picked up by UPS from UPS CC EAGAN MN on Monday, February 15, 2021.” The recipient was listed as TJ Robertson in Ferrum, VA, and the sender was listed as in Eden Prairie, MN. The package weighed 60 pounds, and the expected delivery date was listed as February 18, 2021…
14+ Orders on Gunbrokers.com
I now refer you to pages 9 thru 12 of the June 28, 2021 Affidavit - the FBI agent received records from this website and it showed that Defendant Robertson made at least 14 purchases from April 12, 2021 to May 16, 2021, notably these transactions occurred after Defendant Robertson was indicted and after the Court stated his conditions of release…
When you read the 26 page affidavit for the June 28, 2021 search warrant - you’ll note the agent requested that law enforcement obtain finger prints to include thumbprints. Pages 14 thru 24 tell me that Federal Law Enforcement believes that Defendant Robertson is using an electronic device to make the purchases and I think the Agents believe that Defendant Robertson is storing the firearm and ammunition at a secondary location which is in close proximity to his home and “out building” because (and this is important) the Defendant (in his response) essentially does a double middle finger salute to the FBI - almost taunting them that “you didn’t recovery any firearms or ammunition”…. I went ahead and uploaded a copy of the June 28, 2021 warrant to my public drive
Government motion to revoke Robertson’s Release
On June 30, 2021 MOTION to Revoke Release Order by USA as to THOMAS ROBERTSON
That’s one helluva opening paragraph but now that you have more contextual and content by way of background —you’ll understand that the Prosecutor’s Motion was not made in a vacuum. That there were at least three additional search warrants obtained, February 2021 Yahoo Warrant, February 2021 Gmail Warrant and then
June 29, 2021, following a lawfully authorized search (see separate summary of the search warrant WDVA MJ Case No 7:21-mj-00083) of the defendant’s residence law enforcement discovered that the defendant violated his release conditions by possessing a loaded M4 rifle and a partially-assembled pipe bomb at his home, and by purchasing an arsenal of 34 firearms online and transporting them in interstate commerce while under felony indictment…
Footnotes because this little fact nugget on page 6 of the Government’s Motion is …both intriguing and I wonder if there’s a warrant to the gun website for communications via the website versus via a 3rd party email
…Robertson.. made a spontaneous, inculpatory statement
yes this is why sometimes it’s a good thing to have the target present when a team of Federal Agents are executing a judicially authorized second search warrant - meaning adding the incalculable amount of stress on to a target means they will do or say something that is incredibly incriminating. —LLOLs—
I guess I’m kind of curious how did Defendant Robertson managed to “amass an arsenal of 34 firearms through a local FFL in Roanoke” and pay for it. Given he was fired from the Police Department - I suppose he could have a decent savings account and is likely receiving retirement pay from the US Army…but if my rough calculations are correct Robertson spent >$9K in firearms and ammo from April to May - of course that’s not lawful because of his conditions of release.
also for the love of facts - please do not make any wild assumptions because I can see folks already doing this and it’s just not okay… for the record the Defendant filed on July 4th and has an explanation- but it’s not that persuasive
This time, agents found a box labeled with a blue piece of table that included the words “Booby Trap.” Inside the box, agents found a metal pipe with two ends caps, with a fuse inserted into a hole that had been drilled into the device; epoxy had been used around the sides of the fuse to secure it. Although this device did not contain explosive powder, such powder was found nearby in the out-building’s reloading station.
June 10, 2021 GunBroker Post
To be clear the Defendant believes the FBI leaked his home address - there is absolutely nothing and I mean nothing in the public record that supports this specious accusation. But the thing to remember is Defendant Robertson is looking to blame any one for his actions —notwithstanding I do not ever think it’s appropriate to make these kind of public statements when you are under indictment and the evidence suggest you are a serious danger to the Community.
I’ve said before. They are trying to teach us a lesson. They have. But its definitely not the intended lesson. I have learned that if you peacefully protest than you will be arrested, fired, be put on a no fly list, have your name smeared and address released by the FBI so every loon in the US can send you hate mail.
I have learned very well that if you dip your toe into the Rubicon. . . . cross it. Cross it hard and violent and play for all the marbles
Facts - FBI facts of RNC & DNC pipe bomb
So I’ll remind you of the FBI information concerning the RNC & DNC pipe bombs - my point is I genuinely trust the men and women of the FBI. I think we should give them the room to investigate versus prematurely (and in my view incorrectly) linking Defendant Robertson with the ongoing FBI investigation into catching the assailant who placed the pipe bombs on the night of Jan 5th.
Reward:
The FBI and ATF are offering a reward of up to $100,000 for information leading to the location, arrest, and conviction of the person(s) responsible for the placement of pipe bombs in Washington, D.C., on January 5, 2021.
Additional Details:
Between 7:30 p.m. and 8:30 p.m. Eastern Standard Time (EST) on January 5, 2021, an unknown individual placed two pipe bombs in the Capitol Hill neighborhood of Washington, D.C.
One pipe bomb was placed in an alley behind the headquarters of the Republican National Committee (RNC), located at 310 First Street Southeast,
and the other was placed next to a park bench near the headquarters of the Democratic National Committee (DNC), located at 430 South Capitol Street Southeast #3.
The unknown individual wore a face mask, a grey hooded sweatshirt, and black and light grey Nike Air Max Speed Turf shoes with a yellow logo. The individual carried a backpack in their hand.
Components of the devices include 1x8-inch threaded galvanized pipes, a kitchen timer, and homemade black powder.
Defendant Robertson’s July 4th Response
On July 4, 2021 Defendant Robertson filed RESPONSE by THOMAS ROBERTSON re 30 MOTION to Revoke Release Order via DDC-ECF or via my public drive —Oh one hand there’s a sense of gratitude for Defendant’s Robertson’s service in the US Army and his deployments to an active theater. But one could reasonably infer that his sniper training, coupled with his recent ALERRT training could oddly weigh against the Defendant.
Particularly given the Defendant conceded that on January 19, 2021 Federal Law Enforcement recovered various firearms (see pages 3 & 4 of the June/July 2021 Affidavit of Probable Cause) -important to understand that the investigation is ongoing and on February 17, 2021 Federal Law Enforcement obtained a search warrant for Robertson’s Yahoo email account - once the yahoo search warrant was returned it showed that on February 13, 2021 Defendant Thompson received an email “Generated from: ar15.com” - more on that to follow because the affidavit for the Search warrant is incredibly detailed.
Seriously you’re going to implicate your son?
I don’t know what criteria “father of the year” would be but I can confidently state that pinning the loaded M4 rifle on your son - certainly does not make you “father of the year material” in fact it’s gross and cowardly
Robertson’s son, who two days prior was honorably discharged from the U.S. Army, was at the home, and when law enforcement arrived, was retrieving ammunition to shoot later in the day.
His son heard the dogs barking, put the rifle on the bed, and approached the FBI agents. Mr. Robertson’s son, a licensed gun owner, was aware that his father could not possess firearms and knew his father would be gone most of the day, June 29, 2021. Law Enforcement began searching Mr. Robertson’s home and disconnected all of his security cameras in the garage.
The “it’s a prop” Defense…
On one hand of the various counter arguments Defendant Robertson has made -this might be one of the stronger arguments. But still the subtext here is the Defendant is low key telling the Court the FBI agents are incompetent—which is not exactly a persuasive counter argument. Because Defendant Robertson’s contempt for the FBI and prosectors is palpable and not in a good way…
the Government failed to state that the box had additional language on it. Specifically, the additional words “ALERRT kit, props, and booby trap sims”
…this partially assembled pipe found inside the box is not a destructive device as this device is used to teach students (Safety) in law enforcement as part of the ALERRT class. Mr. Robertson was a level II instructor for ALERRT. This pipe is not active as it is a prop for training. Furthermore, these items were present when the FBI searched his home for the first time on January 19, 2021.
He Did Not “Ship Or Transport” Firearms
No. Just. No. This is not a decent argument - because when the facts are not on your side - you argue the process and when the process is not on your side - you just make the most brazen argument possible
As stated in the Government’s motion, these items were “ordered” (Gov. Motion.P.8) by Mr. Robertson. Mr. Robertson did not ship or transport these items. The Defense submits that this matter could be solved by adding the words to pretrial release conditions that “Mr. Robertson may not personally order, touch, ship or transport firearms.” The issue of whether he violates 18 U.S.C. 922(n) is separate and distinct and requires a second amendment analysis
The case you cited…spectacular fail…
the one case that Defendant Robertson cite in his argument that he should have been charged with a misdemeanor - spoiler she took a plea on June 14, 2021
…according to the Government, he made statements (Gov Motion P.11) to the FBI on June 29 stating he ordered but had not possessed because he believed this was in compliance with the Court’s order. The Government motion states that there are “photographs and videos of him participating in the insurrection at the Capitol.” (Gov Motion P2,14). Again this is not true…
United States v. Jessica Bustle DDC Case No 1:21-cr-00034
Plea Agreement DDC-ECF or via my public drive
Statement of Offense DDC-ECF or via my public drive
Here I also created a Defendant Thomas Robertson File on my public drive and I uploaded all of the Court filings discussed in this article. I probably saved you just over $25.00 so go make a donation to a local charity or treat yourself to a fancy coffee.
In some respects Defendant Robertson presents a strange dichotomy - like I previously said I’m grateful for his service to our Country but his unrepentant attitude towards his actions on January 6, 2021 isn’t something I can overlook - thus I’m in a bit of a quagmire. In the end I’m continually grateful to the countless men and women of the FBI for their dogged pursuit of following the facts and I am becoming more grateful to the USAO-DC that continue to prosecute those who attacked our Democracy. But my contempt for those Congressional Republicans who continue to carry on Trump’s big lie and down played what our Country experienced. Yeah they can go pound sand.
-Filey
also on January 13, 2021 Federal Law Enforcement APPLICATION for Search/Seizure Warrant by USA pursuant to 18 U.S.C. 2703(a), 2703(b)(1)(A), and 2703(c)(1)(A)…obtained a search warrant for the Defendants Facebook Accounts https://ecf.dcd.uscourts.gov/doc1/04508267252 or via my public drive
Identify Prohibited Persons - The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:… ATF https://www.atf.gov/firearms/identify-prohibited-persons or see 18 U.S.C. §§922(g)(n) via this GPO link