A former Virginia police officer involved in the Jan. 6 Capitol attack had his prison sentence reduced by over a year due to a recent Supreme Court decision.
According to The Hill, the Supreme Court’s June ruling, which narrowed the scope of the federal obstruction charge, led to a reduction in Robertson’s sentence, originally set at over seven years.
Thomas Robertson’s case marks a significant shift in how federal prosecutors will handle charges against rioters convicted before the ruling. Robertson, who had been convicted on six charges, including obstruction of an official proceeding, was initially sentenced in 2022 to more than seven years in federal prison. On Wednesday, that sentence was lowered to six years, a direct result of the Supreme Court’s decision in Fischer v. United States, which limited the use of Section 1512(c)(2) in cases like his.
The ruling has created challenges for federal prosecutors. Justice Ketanji Brown Jackson, who sided with the court's majority, made it clear that prosecutions should still move forward if they meet specific criteria. While this provides some clarity, it also opens the door for sentence reductions for those already convicted under the broader interpretation of the law.
Robertson’s case is one of the first to reflect this shift. Prosecutors had originally sought an 87-month sentence, but the dismissal of the obstruction charge required a reevaluation of the guidelines. Despite this, Assistant U.S. Attorney Elizabeth Aloi maintained that nothing in the recent court rulings diminished the severity of Robertson’s actions on Jan. 6.
Robertson entered the Capitol with the first wave of rioters armed with a large wooden stick. He used his law enforcement training to impede officers attempting to control the crowd. His actions, combined with his previous position of authority as a police officer, were factors in his original sentencing.
Alongside the Fischer ruling, a decision in Brock v. United States further complicated Robertson’s case. Federal sentencing guidelines, shaped by these two rulings, now face ongoing scrutiny as they apply to other Jan. 6 defendants.
Aloi argued that the U.S. Sentencing Commission "failed to anticipate" crimes of this nature, reflecting the difficulty of prosecuting individuals involved in the Capitol attack. Justice Amy Coney Barrett, in her dissent in the Fischer case, noted the unprecedented nature of the events, commenting that it was understandable Congress did not foresee such a situation.
Prosecutors were also concerned about the evidence Robertson destroyed, which may have been crucial in pursuing a third co-conspirator. Robertson’s actions in the wake of Jan. 6 included destroying cell phone data, delaying the investigation of other suspects.
Despite the legal challenges and the sentence reduction, Judge Christopher Cooper upheld three sentencing enhancements in Robertson’s case. These enhancements reflected the severity of Robertson’s actions on Jan. 6 and his attempts to hinder the investigation afterward.
Robertson’s behavior during his time in custody was also considered. Described as a “model inmate” over the past three years, his good conduct played a role in the court’s decision to reduce his sentence.
In his statement to the court, Robertson expressed remorse for his actions. "This has taken everything from me," he said, acknowledging the personal and professional consequences he has faced since the insurrection. Robertson’s lawyer, Mark Rollins, acknowledged the gravity of his client’s behavior on Jan. 6, describing it as "really bad behavior."
A former Virginia police officer, Thomas Robertson, involved in the Jan. 6 Capitol riot, had his sentence reduced from over seven years to six years due to a Supreme Court ruling that narrowed the application of the federal obstruction charge. The Supreme Court's decision in Fischer v. United States, which reinterpreted Section 1512(c)(2), played a crucial role in reducing Robertson's sentence. Despite this reduction, the severity of Robertson's actions during the riot, where he entered the Capitol with a large wooden stick and used his law enforcement background to impede police officers, was emphasized by prosecutors who originally sought an 87-month sentence.
