(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . Convicted Insurrectionist Argues With Appeals Court On Definition of "Corruptly." He Lost! [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.'] Date: 2023-10-21 Convicted Jan 6th insurrectionist Thomas Robertson thought he could overturn his conviction on appeal, and he based his judicial argument on the word “corruptly” in the obstruction charge he was hit with. According to Robertson, he was merely protesting the results of the 2020 Election on Jan 6th, and basically, he had no “corrupt” intent in his heart. No, seriously. I’m not making that shit up. The federal court ruled that Robertson did have a corrupt intent, and by the way, Robertson’s definition of “corruptly” was bunk. This ruling is important because many of the other Jan 6th insurrectionists are trying to make the same damn dumb arguments, and it looks like they are all going to belly flop like Robertson. First up, Robertson’s actions on Jan 6th: During national news coverage of the aforementioned events, video footage whichappeared to be captured on mobile devices of persons present on the scene depicted evidence of violations of local and federal law, including scores of individuals inside the U.S. Capitol building without authority to be there. According to information the FBI has reviewed, after 2:00 p.m., but before the joint session of Congress resumed at 8:00 p.m., the defendants Thomas Robertson and Jacob Fracker wereCase: 1 :21-rnj-()0036A~s1gnce1 ro: Jue19c Robin M. Mcr1w~a1ncrAssign Date: 1.11 212021Desc1iplio11; COMPLAINT Vi//ARREST \VARRANT photographed in the Capitol Building making an obscene statement in front of a statute of John Stark (Exhibit A). At the time they were photographed, the defendants were off-duty from their positions as police officers with the Rocky Mountain Police Department in Rocky Mount, Virginia. In social media posts, Defendant Robertson is quoted as saying, “CNN and the Left are just mad because we actually attacked the government who is the problem and not some random smallbusiness ... The right IN ONE DAY took the f***** U.S. Capitol. Keep poking us.” He also stated that he was “proud” of the photo in an Instagram Post that was shared to Facebook, because he was “willing to put skin in the game” (Exhibit B). A now-deleted Facebook post by Defendant Fracker containing the caption, “Lol to anyone who’s possibly concerned about the picture of me going around... Sorry I hate freedom?…Not like I did anything illegal…y’all do what you feel you need to…” (Exhibit C). In a statement to Newsweek, Defendant Robertson admitted that he and Defendant Fracker sent the photo to their police department colleagues, and after it was leaked to social media here posted it on his own Facebook page. It has also been reported that Robertson stated that he broke no laws, did not know about the violence, and that he had been escorted “in” by the Capitol Police.Robertson made these claims notwithstanding his previous posts that he had “attacked thegovernment” and “took the f**** Capitol.” Moreover, at that date and time, the United StatesCapitol was on lockdown and the defendants’ presence inside was without lawful authority. Other fun things to know about Robertson: Former Rocky Mount Police Sgt. Thomas Robertson declined to address the court before U.S. District Judge Christopher Cooper sentenced him to seven years and three months in prison. Cooper also sentenced Robertson to three years of supervised release after his prison term... The judge said he was troubled by Robertson's conduct since his arrest - not only his stockpiling of guns but also his words advocating for violence. After Jan. 6, Robertson told a friend that he was prepared to fight and die in a civil war and he clung to baseless conspiracy theories that the 2020 election was stolen from then-President Donald Trump, the judge noted. CBS News' Robert Legare points out that Robertson was originally freed on pretrial supervision, but was later detained after the government said he allegedly had "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." And according to Judge Florence Pan of the circuit court: Then off-duty from his work as a patrol sergeant for Rocky Mount, Virginia police, Roberston drove to Washington, D.C., with his friend and fellow off-duty officer Jacob Fracker. They came with gas masks and Robertson wielded a large wooden stick to push back officers ordering him to stand down or leave the overrun building altogether. Pan noted Robertson used the stick to swing at police officers and wielded it in a show of intimidation by bashing it loudly on the ground. He also joined a crowd he described as “out of hand.” And he did this, the judges noted, as the mob continued “surging into the Capitol building despite the blaring of alarms and warnings by police officers that the area was restricted.” Then once inside, Robertson “enthusiastically” joined the riot that had forced both houses of Congress to halt proceedings. Before his arrest — but after authorities told him his arrest was imminent — Pan emphasized how Robertson then hid a phone containing key evidence before procuring another. On that phone, police found a text message where Robertson wrote, “anything that could have been problematic, has been destroyed.” So what does Robertson argue before the court? It was the language of that obstruction charge — 18 USC § 1512 (c) — on which Robertson, and many Jan. 6 defense lawyers alike, have hung their hopes for a winning argument on appeal. Specifically, Robertson had pointed to the use of the term “corruptly” in the statute when he sought to overturn the verdict. He argued that he did not storm the Capitol out of ill intent or maliciousness to target Congress and delay proceedings. Instead, he premised his appeal on the notion that he genuinely believed the 2020 election was “stolen” and felt he had a right to stalk the halls of the Capitol to express himself. It gets better. Critics of the “corruptly” verbiage, like Robertson, contend that his conduct was not “corrupt” because it was not done with the “consciousness of wrongdoing” or “knowing dishonesty.” To act “corruptly,” the argument goes, one would have to use unlawful means to achieve a desired unlawful purpose or outcome. Please keep in mind all of Robertson’s actions on Jan 6th and afterwards. Robertson is using the same kind of — ahem — logic that his Orange God Emperor does. I didn’t do what you say I did. And if I did some of those things, I wasn’t a criminal because It wasn’t unlawful. I BELIEVED I was wronged, so I was just protesting! My intentions were pure. You can read the rest of the judges opinions, but the two judges who upheld Robertson’s conviction rejected the Vizzini defense from the Princess Bride. Arrogant white privilege assholes like Thomas Robertson are why many people hate cops. Robertson was nothing but a fascist with a badge. And I’m glad he is serving 7 years in prison. It’s not enough, but it must be galling for a former cop to be in prison. And Robertson deserves every second in prison. [END] --- [1] Url: https://www.dailykos.com/stories/2023/10/21/2200719/-Convicted-Insurrectionist-Argues-With-Appeals-Court-On-Definition-of-Corruptly-He-Lost?pm_campaign=front_page&pm_source=trending&pm_medium=web Published and (C) by Daily Kos Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/dailykos/