Meet THOMAS F. SIBICK - insurrectionist who beat Law Enforcement and lied about it

This is one of the most disturbing Affidavits I’ve read, as it relates the violence of Jan 6th. It genuinely angers me that a Magistrate Judge released him from custody.

Defendant Thomas F. Sibick

For the record Defendant Sibrick’s case has not been uploaded to the USAO-DC Capitol Violence Case Database (at the time of publication) nor has this case been uploaded to the George Washington University Extremism Database - notwithstanding the case is available via ECF/PACER

District of Columbia (DDC) MJ case no 1:21-mj-00297 and Western District of New York (WDNY) MJ Case No: 1:21-mj-00021 - it is important that you know both MJ Case numbers otherwise you might overlook relevant facts and/or become confused as to what occurred in DDC or WDNY -it’s not complicated but it can be confusing if you don’t understand how “legal stuff works”

DDC - Charged via Criminal Complaint (ECF) and Affidavit/Statement of Facts (ECF)

Charges: 18 U.S.C. § 1752(a)(1) - Knowingly Entering or Remaining in any Restricted Building or Grounds Without Lawful Authority (punishable up to 10 years imprisonment), 40 U.S.C. § 5104(e)(2) - Violent Entry and Disorderly Conduct on Capitol Grounds,18 U.S.C. § 231(a)(3) - Obstruction of Law Enforcement During Civil Disorder (punishable up to five years imprisonment),18 U.S.C. § 111(a)(1) - Assaulting, Resisting, or Impeding Certain Officers (punishable unto one year imprisonment but can be imprisoned up to eight years), 18 U.S.C. § 2111- Taking from a Person Anything of Value by Force and Violence or by Intimidation (punishable up to 20 years of imprisonment)

♦️trigger warning ♦️this affidavit is extremely difficult to read. It provides a lot of facts which might be upsetting to some readers. I’ve read the affidavit three times and I am disgusted that the WDNY Judge Ordered Sibick release. I don’t care what the rationale was. Thomas F Sibick is a goddamn POS. Clearly all defendants are afforded the presumption of innocence but I would be perfectly okay with this Defendant never seeing the light of day.

Affidavit and Statement of Facts:

The affidavit disclosed the following finding of facts - look I’m not an attorney, the facts laud out in the affidavit - one could logically argue that Defendant Sibick should also be charged with the attempted murder of a Law Enforcement Officer. Allow me to explain my assertion¹ -the chaos surrounding the “lower west terrace” of the Capitol building - Trump’s angry mob legitimately wanted to murder law enforcement officers. Period. Full Stop.

Metropolitan Police Officer (MCPD) M.F. answered a radio call to assist his fellow officers, he made his way to the lower west terrace of the Capitol, at which point someone in to the crowd pulled Officer M.F. down the steps…

“…where members of the crowd beat, tased, and robbed Officer M.F. of his MPD badge (#3603), police radio, and MPD-issued 17-round magazine, while also trying to forcibly remove his service weapon from its fixed holster…”

Officer M.F. was completely outnumbered and as mob descended on Officer M.F. heard (presumably the defendant) “yell words to the effect that he was going to take Officer M.F.’s gun and kill him” - after being tased and beaten Officer M.F. lost consciousness. Officer M.F. was tased to the point that he had a cardiac incident which required hospitalization and monitoring.

Also I preemptively redacted the investigators name and the last name of Officer M.F. because I genuinely think it was meant to be redacted and I’m not comfortable putting the investigator’s name and Officer M.F.’s last name in the public domain

Again because Officer M.F. was wearing a body camera - the attack was captured on the BWC. From this vantage point it is difficult to comprehend the raw fear Officer M.F. must have had. That it was clear Defendants like Sibick not only verbalized their “intent” to murder this law enforcement officer but they took steps to murder him.

On January 21, 2021 FBI agents interviewed Witness-1 (W-1) who told investigators that Defendant Sibick had posted a video on his Instagram Account (the account has subsequently been taken down) but W-1 provided the video to the agents - which depicted Sibick screaming: “Just got tear-gassed, but we’re going, baby, we’re going! We’re pushing forward now!”

The affidavit also disclosed a YouTube video (see page 9-10) -“SIBICK is visible coming out of the tunnel from minute marker 1:14:32 to 1:14:42”

Things you never want to see in an Affidavit (besides your name) - the FBI reinterviewed, recant, the FBI sent “a ruse email stating that the security cameras at the Lenox Hotel were going to be checked to confirm SIBICK’s statement”, defendant was “distraught” and wanted to do the right thing - after repeatedly lying to the FBI. Lying to the agents that he was trying to “help” the fallen officer and crafted a fantastical “story” about how he was trying to protect the officer from more bodily injury. In the end Defendant Sibick admitted he took Officer M.F. Badge and buried it in his backyard

You’ll note that Sibick’s WDNY MJ Case,² the magistrate judge denied the Government’s request to detain Sibick.

At which point the USAO-DC filed an “emergency appeal” ³ - in general I don’t understand why some in the mainstream media are reporting that Sibick was released from Custody because that’s not what the DDC Docket or the late night minute order state.

But in the spirit of accuracy - YES Defendant Sibick was released while the Government was “in the process of filing the emergency appeal” -and perhaps I’m biased but I still do not understand how the WDNY Magistrate Judge agreed to release Sibick “effective immediately” given the Bail Reform Act and Federal Criminal Rules of Procedure specifically, 18 U.S.C. § 3142(f)(1)(A) -

Title 18, U.S.C. § 3145(a) states:

(a) Review of a release order – If a person is ordered released by a magistrate, …

(1) the attorney for the Government may file, with the court having original jurisdiction over the offense, a motion for revocation of the order or amendment of the conditions of release . . .The motion shall be determined promptly.

As the prosecutors correctly argued “18 U.S.C. § 2111 constitutes a crime of violence”

The fact remains Defendant Sibick was charged with a violent crime, of robbing a law enforcement officer the Bail Reform Act is unambiguous that “detention” is required should the Government seek it. Because DDC is the original jurisdiction and it retains aforementioned jurisdiction - the USAO-DC filed a timely appeal requesting a de novo review⁴

And thereafter Chief Judge Howell granted the Government’s emergency appeal request and scheduled a hearing for March 16, 2021 (see ECF DDC Docket Report)⁵

I’m taking a break tomorrow - I need to convince my other half to go back down to our beach house because I need to get out of DC for a while. This place tends to grind you past the bone marrow… but I did create a central file on my public drive for Defendant Sibick, found here.

1. On February 15, 2021 I walked you through one of the more disturbing Affidavits, last visited March 13, 2021 - most actually overlooked this case; https://file411.substack.com/p/michael-lopatic-russell-peterson

2. ECF/PACER WDNY USA v Sibick -last visited March 13, 2021 - https://ecf.nywd.uscourts.gov/cgi-bin/DktRpt.pl?989054334710295-L_1_0-1 or you can pull the recent docket report down from my public drive, found here

3. ECF/PACER DDC-MJCase Defendant Sibick, Government Emergency Appeal, last visited March 13, 2021 - https://ecf.dcd.uscourts.gov/doc1/04508387161

4. USAO-DC Emergency Appeal - available on my public drive, found here

5. USA_v_Sibick DDC Docket Report, unloaded to my public drive