A federal judge on Wednesday reduced the sentence of a Jan. 6 defendant by 15 months, following a recent Supreme Court ruling that limited the scope of an obstruction charge used against many rioters.
U.S. District Judge Christopher Cooper cut former police officer Thomas Robertson’s sentence from 87 months to 72 months. Robertson, convicted two years ago for his role in the Capitol riot, had his sentence reduced after prosecutors dropped the obstruction charge, marking an early impact of the Supreme Court’s decision on Jan. 6 cases.
Judge Cooper stated that the reduced sentence did not reflect any change in his view of the seriousness of Robertson’s crimes, emphasizing that the events of Jan. 6 were a real harm. However, he struggled to justify maintaining the original sentence given the Supreme Court’s ruling.
Prosecutors argued for the original 87-month sentence, insisting it still accurately reflected the severity of Robertson’s actions. Assistant U.S. Attorney Elizabeth Aloi contended that the harm done to the country should not be minimized and described Robertson as having intended to incite rebellion against democracy.
Robertson, who traveled to Washington, D.C., with fellow officer Jacob Fracker, was off-duty on Jan. 6. Both officers left their police badges and firearms in the car before joining the riot. Robertson was seen storming the Capitol with a gas mask and a wooden stick, which he used to confront police. He had previously posted on Facebook about fighting a “counter insurgency.”
Prosecutors argued that Robertson played a leading role in organizing the riot, destroyed evidence by deleting phone data, and hindered the investigation. They cited concerns from Robertson’s 2022 sentencing, where Judge Cooper noted a risk of future violence due to Robertson’s lack of remorse.
Before his resentencing, Robertson, in an orange uniform, told the judge, “Jan. 6 was a bad day. My participation allowed bad things to happen that should not have.” He promised Cooper that he would not repeat his actions.
Cooper responded, “Your conduct halted the certification of a government function. … I would be hard-pressed to increase back to 87 if this were a clean slate.”