Additional Coverage:
- Jan. 6 convict receives shorter sentence in case that may lay groundwork for other appeals (newsbreak.com)
WASHINGTON – A former police sergeant, previously convicted for his role in the January 6, 2021 Capitol riots, saw his sentence reduced on Wednesday, influenced by a recent Supreme Court decision that narrowed the scope of a federal obstruction charge. This ruling could affect the outcome of numerous similar cases, including those against ex-President Donald Trump.
Thomas Robertson, originally handed a sentence exceeding seven years for charges including obstruction of an official proceeding and civil disorder, had his term reduced to six years by U.S. District Judge Christopher Cooper. This marks the first resentencing following the Supreme Court’s reinterpretation of the obstruction statute.
The charge, traditionally one of the most severe, implicating up to 20 years in prison, was contested because it was used to prosecute actions that temporarily hindered Congress from tallying Electoral College votes. Robertson, maintaining he did not disrupt Congress corruptly, unsuccessfully appealed his conviction.
Meanwhile, former officer Joseph Fischer argued that the charge was inappropriate for him or Robertson since it was initially crafted in response to document destruction amid the Enron scandal. Neither Fischer nor Robertson admitted to destroying any documents during the incident.
The Supreme Court supported Fischer’s view in June, prompting a review of obstruction cases to assess if they actually pertained to records or documents used in official proceedings. Fischer now will not face the obstruction charge in his upcoming trial.
Following the Fischer decision, Robertson sought a reduction in his sentence. “This decision underscores that while the conviction stands, the sentencing needs to be reassessed under this new, more favorable context,” remarked Mark Rollins, Robertson’s attorney.
The Supreme Court’s decision in the Fischer case has raised questions on how the charges will be applied to the numerous defendants involved in the January 6th events. The Department of Justice reported that more than 330 out of the first 1,400 people charged had faced the obstruction charge. Additionally, four of the federal charges against Trump relate to obstructing an official proceeding of Congress during the Electoral College vote certification.
According to the Justice Department, all these defendants were also charged with other offenses alongside obstruction.
As for Robertson, prosecutors requested that his initial 87-month sentence be maintained due to his overall actions during the riot, including assaulting police officers and destroying evidence. Despite his calls for leniency, Robertson’s full conviction on multiple charges—including entering a restricted building and destroying evidence—was upheld by a federal jury in April 2022.
Judge Cooper underscored at the original sentencing that Robertson saw politics as a battlefield and would likely engage in similar actions again if prompted.
This evolving legal backdrop highlights the complexity of the January 6 cases and could potentially influence how charges are approached in ongoing and future cases tied to that day’s events.