Jacob Fracker (left) and T.J. Robertson at the U.S. Capitol

by James A. Bacon

I’ve not given much attention to the Jan. 6 riot at the U.S. Capitol because this is a Virginia blog, not a blog about Donald Trump and the 2020 presidential election. But maybe I should. Many of the rioters came from Virginia. We have U.S. Capitol rioters among us. How dangerous are these people? Do they, as CNN implies with its “Democracy in Peril” tagline, represent a threat to our democratic republic?

Some truly bad guys might have been involved in the riot.  Several members of the right-wing Oath Keepers have been charged with seditious conspiracy. I withhold judgment until I see the evidence presented in court. But none of the Oath Keepers claim Virginia as their home. What about our rioters? Two news stories today give us some clues to the level of danger they pose.

Paralyzed-arm guy. Two Virginia Beach brothers — Eric and Paul Von Bernewitz — have plead guilty to charges of violent entry and disorderly conduct on the Capitol grounds. According to WAVY-TV, Eric wanted to attend the rally for President Donald Trump that day and his brother Paul agreed to go along because he wanted to watch after his brother, who has a paralyzed right arm. They told investigators they got caught up in the excitement of the crowd as they marched to the Capitol after the Trump speech.

Flagpole guy. Federal prosecutors have charged Thomas “T.J.” Robertson, with carrying “a deadly and dangerous weapon,” during the riot. What was it? A semi-automatic rifle? A hand-made bomb? A handgun? No, “a large wooden stick,” reports the Roanoke Times. Robertson, a 48-year-old former Rocky Mount Police Department sergeant, also was charged with felonious participation in civil disorder. A fellow Rocky Mount officer, Jacob Fracker was charged, too.

The indictment does not describe the wooden stick in question, but the Roanoke Times notes that Robertson and Jacobs posed for a selfie in front of a statue of Revolutionary War hero John Stark. Robertson was holding a wooden object that he later told a reporter was the pole of an American flag. (If you know anything about Oriental stick fighting, you know you don’t grasp the stick at the top as Robertson did in the photo. He appears to be holding it like a walking stick.)

The Jan. 6 riot was a terrible thing. Mob actions are wrong. Rioters should be prosecuted. Anyone conspiring to disrupt the proceedings that certified the November 2020 election result should be punished appropriately. But was this an “insurrection,” an effort to overthrow democracy? Democrats and Republicans alike are spinning this story like mad. Again, I await the prosecution’s presentation of the evidence and the defense’s cross-examination before I draw any conclusions.

But I will say this: when one of the Virginia rioters was a dude with a paralyzed arm, and another was a 48-year-old small-town police officer carrying what might have been a flagpole while pausing to pose for a selfie, I’m thinking that many participants in the event just got carried away. Getting carried away is not a defense. They need to be punished accordingly. But they’re not brown shirts. Democracy is not in peril — not from them.


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Comments

47 responses to “The Rioters Among Us”

  1. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    They were in the Capitol trying to disrupt or stop the Congressional certification of electoral votes in order to overturn the results of the election. Democracy, as it is established in the United States, was under attack by a large mob, of which they were a part.

    1. Who was trying to stop the Congressional certification? Bernewitz and Robertson? You know that for a fact?

      1. Nancy Naive Avatar
        Nancy Naive

        Powell, Trump.

      2. James McCarthy Avatar
        James McCarthy

        If they did not hear the speeches or the chants from the crowd or see the gallows, then they have the perfect defense of deaf, dumb, and blind. Oh, you are correct. Crowds have no cognitive capacity. Are they equal to the 4 GOP Congressmen who voted to reject electoral results in their objective to halt the count? Are you about to weigh the evidence in every case? Please, James, common sense applies.

      3. Donald Smith Avatar
        Donald Smith

        It does make you wonder whether the Democrats and MSM were hoping for a “Reichstag fire” type of event.

        Has anyone ever explained why the Speaker of the House and DC authorities left the Capitol so poorly defended? It’s almost as if they were inviting trouble.

    2. Trying to understand your logic here… So, if people in a mob break the law, everyone in the mob is guilty of the worst offense? What happened to “mostly peaceful” protests?

      1. Officer, I was having a good time at the bar with my friends who were buying drinks for everyone which mitigates the fact I’m driving drunk.

        Trying to whitewash certain people’s conscious actions by pointing out physical disability or that he wasn’t a danger because it was just a stick? The latter was a police officer. He absolutely knew he was breaking the law. Go back and watch the video of the event. Anyone who was there in the first place and then went in during that circumstance knew they were doing something wrong.

        You should have stopped with these sentences: “The Jan. 6 riot was a terrible thing. Mob actions are wrong. Rioters should be prosecuted. ”

        Why even try to justify or explain away these people actions? The credibility of that quote is undermined by the rest of the post.

        1. I’m not “explaining away” anything. If these people broke the law, they deserve what they have coming. What you’re trying to do, it seems, is implicate everyone who entered the Capitol building as a seditionist. You don’t need proof, you have a preternatural ability to read their minds and divine their intent. Who needs trials? Who needs evidence? We’ve got ARL’s mind-reading abilities! Let’s just throw a rope around a branch and hang ’em right now!

      2. Lefty665 Avatar

        Close to 3/4 of the charges so far have been for things like trespassing or being in a restricted area. Videos show people entering the Capitol through open doors, walking within the cordoned aisles and gawking like tourists from Dubuque. Those charges seem appropriate for those behaviors.

        Some of the rest seem to have been more earnest in their actions. Like our host I will wait to see what shows up in court, but will not be surprised if some are found guilty of more serious charges.

        From the Church committee hearings we learned that many of the loudest and most violent Viet Nam protestors were FBI (mostly) paid informants/agitators. Those policies and practices have persisted. We have seen evidence of that with the Proud Boys leader on the FBI payroll since 2012, and in Wisconsin where a majority of the conspirators were FBI paid.

        Had 1/6 been an actual insurrection rather than a riot it seems likely the insurrectionists would have been well armed, no sticks need apply.

        1. LarrytheG Avatar

          I see that JAB is not alone in dining at FAUX News for his theories… 😉

          1. Nancy Naive Avatar
            Nancy Naive

            Steady diet!

          2. Lefty665 Avatar

            LarrytheGoober
            Nah, I don’t watch Fox. I do however work at being informed as opposed to living blissfully in an echo chamber as you apparently like to do.

          3. Jane Twitmyer Avatar
            Jane Twitmyer

            Oh dear … Just to be clear that there is more VA here … This is from ABC News ……
            “Unsealed court documents claim Thomas Caldwell, 66, from Berryville, Va., conspired with two Ohio residents as early as Nov. 3, 2020, to impede the certification proceeding. Caldwell is alleged to be a leader of the far-right paramilitary group the Oath Keepers, a claim he has denied.

            Federal prosecutors allege Caldwell worked with other members and other militia groups to organize an attack. According to the charging document, Caldwell replied to a Facebook comment on Dec. 31 writing, “It begins for real Jan 5 and 6 on Washington D.C. when we mobilize in the streets. Let them try to certify some crud on capitol hill with a million or more patriots in the streets. This kettle is set to boil.”

            In a motion filed Feb. 11 to prevent Caldwell from being released before trial, federal prosecutors wrote Caldwell reached out to a member of the militia group the Three Percenters about the possibility of having a boat with the capability of hold “heavy weapons” and cross the Potomac River.” ….

            AND … the idea that the VP could change what was sent in from the states is NOT part of the Constitutional Process of
            certification. YIKES!

      3. James McCarthy Avatar
        James McCarthy

        Every person in a mob lynching is guilty to one degree or another. If you deem January 6th to be peaceful, you are viewing the doctored videos.

        1. Nancy Naive Avatar
          Nancy Naive

          Nah, it ain’t the videos. It’s his eyes.

      4. Nancy Naive Avatar
        Nancy Naive

        They, who stood outside, just for being there aren’t charged. All who entered walked past broken doors… except those who climbed, as tourist are wont to do, through a broken window.

        1. LarrytheG Avatar

          now don’t be messing things up with the facts… NN… plausible deniability is what it is all about , right?

          1. Nancy Naive Avatar
            Nancy Naive

            I’ve reached the conclusion that JB would have been just as pleased to have had the insurrection succeed. Just as happy as a pig in poo if a liberal never held office again, and giving up the vote would be a small price to pay.

        2. There were no broken doors in the video I posted.

    3. Merchantseamen Avatar
      Merchantseamen

      Oh puleeeeze.

  2. Bob X from Texas Avatar
    Bob X from Texas

    If you want to see what a real insurrection would look like watch the movie”Seven Days in May” if the government hasn’t censored it already.

    1. Nancy Naive Avatar
      Nancy Naive

      Or, just wait for Liz Cheney’s report.

  3. Virginia Gentleman Avatar
    Virginia Gentleman

    Is TJ the guy that violated the conditions of his bond by placing an online order for an arsenal of 30 guns?

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      Yep, and now he is confined to jail (in solitary for his own protection) until his trial many months from now and will probably be facing serious firearms felony charges.

      1. James C. Sherlock Avatar
        James C. Sherlock

        Mr. Robertson’s bond was revoked in July and he was jailed by the judge because he ordered a large stockpile of guns and ammunition after his January arrest, and posted online in support of future political violence.

        In my opinion he deserved to be confined.

        I question only his solitary confinement and lack of a speedy trial.

        Facts:

        – Mr. Robertson is charged with obstruction of an official proceeding, which is a felony, and the misdemeanor offenses of entering a restricted building and disorderly conduct in the Capitol.

        – Mr. Robertson was jailed for violation of his personal recognizance bond based upon his ordering of firearms and internet postings. It is not clear that any additional charges have been filed for those activities. If not, those issues can be brought up in a sentencing hearing, but not at trial.

        – He has spent six months in solitary and is facing many more months there before trial.

        – His lawyer said Robertson is in solitary confinement, for his own safety, because he’s a former police officer.

        That brings up several issues around solitary confinement, speedy trial and due process – the Eighth, Sixth and Fourteenth Amendments:

        1. His lawyer says that he is in solitary “for his own protection”. That is a strange way to define protection. Madness often follows. I think we can all agree that solitary confinement should be as short as possible. It is clear that Mr. Robertson’s solitary confinement is not as short as possible. There are alternatives.

        2. It also implies that solitary is an “accommodation” appropriate for police officers. Is it an Eight Amendment (cruel and unusual punishment) violation that law enforcement officers get sent to solitary as a consequence of their profession? The thanks of a grateful nation? This federal judge should order the Justice Department to house this prisoner in a place in which he is confined, but not to a small cell. Use a safe house. He should also order the Justice Department to build a special prison for law enforcement officers so that they can avoid solitary as a consequence of their profession, not something they have done. Hardly a burden when trillions of dollars are on the table every week in Congress.

        2. Does this case violate his Sixth Amendment right to a speedy trial? That is a matter for judges, probably on appeal. In the Uniform Code of Military Justice, an accused must be tried within 120 days of being charged or charges are dismissed. Congress usefully can extend that law to civilian trials to honor the Sixth and Fourteenth (due process) Amendments.

        Final point, after all the time in solitary, Mr. Robertson may not be competent to stand trail whenever that may happen.

      2. James C. Sherlock Avatar
        James C. Sherlock

        “Probably be facing serious firearms felony charges.”

        How do you come to that conclusion?

        Did he order:
        – firearms under false pretenses?
        – firearms from an unlicensed supplier?
        – illegal firearms?

        Did he use firearms illegally?

        You may be correct, and I may have missed it, but I have seen no reporting on any of that.

  4. Another side of the story: Quietest
    “rioters” I’ve sever seen. Not all who entered forced their way in. Doors were open as in this video, and they just walked in.

    Some people had no intention of doing anything more than being there as a protest and followed others as shown in the video.

    I doubt we’ll ever get the full story.

      1. LarrytheG Avatar

        well that screws up that idea…now gonna have to go to Plan B where the FBI plans it… oh well.

      2. You’re talking about outdoor barricades, not the open doors here. Takes looking with open eyes as opposed to posting on something else with deceit.

  5. LarrytheG Avatar

    I’m not sure if I buy the idea that these guys were there innocently and oblivious to the intent of those breaking into the Capitol – one armed or not.

    If you were there, and you saw the violence against the Capitol Police and the broken doors and windows and still thought it was okay to walk in – I don’t know what kind of “stupid” that is but I’m not believing it.

  6. energyNOW_Fan Avatar
    energyNOW_Fan

    Normally for Marches in DC, such as Million Mom March, nobody is allowed to bring anything other than cardboard signs and pink hats, which I think we still have a few hats and signs (not mine of course). I am not sure who makes those rules, DC or the march organizers.

    1. Nancy Naive Avatar
      Nancy Naive

      Hat, sign, gallows, … meh, trappings of a peaceful crowd

  7. One death – a protestor standing beside other cops — the killer cop was never interviewed; many held in solitary confinement with no hearings since last year, the Cap. Police welcomed them into the building, moving barricades and told them they could stay if they were peaceful [according to the few videos released [14,000 hours are still secret]. FBI can’t find the so-called ‘pipe bomber’!

    How much death and destruction did these protestors cause? How many hours of work by the FBI and so little in charges/prosecutions?

    1. Virginia Gentleman Avatar
      Virginia Gentleman

      I summarized the charges and amount of damages in a response that was right off of the Dept of Justice website but it was marked as Spam by someone and deleted.

  8. walter smith Avatar
    walter smith

    Justice is supposed to be blind and neutrally applied. Somehow, I hear none of the people here calling for the death penalty (figuratively speaking), doing the same thing for the “mostly peaceful protests” which were intentional and far more deadly. I’m for prosecuting all the people. I think for many of the J6 people there are extenuating circumstances. And solitary confinement? What is wrong with you Leftists (other than being Leftists)? You used to believe in due process, fair trial, adequate representation, innocent until proved guilty. If some of the yahoos, like the Shaman, deserve 4 years, what do the arsonist, looting, rioters deserve?
    You think you are good and moral people. I think maybe not…

  9. Nancy Naive Avatar
    Nancy Naive

    NYT: Britain Says Moscow Is Plotting to Install a Pro-Russian Leader in Ukraine

    Wait! Is Trump available?

    1. LarrytheG Avatar

      oh that’s BAD! But maybe that is where Rudi is right now “coordinating” ? geeze…

  10. Donald Smith Avatar
    Donald Smith

    It does seem that the DC and federal authorities have pursued and prosecuted the January 6th rioters more aggressively than the people who rioted during Trump’s inauguration. Perhaps Democrats feel entitled to riot consequence-free when they are displeased.

  11. Stephen Haner Avatar
    Stephen Haner

    Democracy is not in peril but throwing the book at those idiots is fine with me. Uh, why was he carrying a stick if not to hit somebody with it? If he didn’t wield it, then the punishment will be accordingly light. They were (I accept) merely pawns. Haner’s old law, remember, nothing in the universe is infinite except the human capacity for self-delusion.

    1. Nancy Naive Avatar
      Nancy Naive

      By “not in peril” you mean protected by the likes of Florida’s Election Police, right?
      I do so hope that their uniforms include Sam Brownes. Uniforms make the man, don’t you think?

    2. Nancy Naive Avatar
      Nancy Naive

      By “not in peril” you mean protected by the likes of Florida’s Election Police, right?
      I do so hope that their uniforms include Sam Brownes. Uniforms make the man, don’t you think?

    3. vicnicholls Avatar
      vicnicholls

      Possibly for the same reason that folks I know use walking sticks instead of canes.

  12. Nancy Naive Avatar
    Nancy Naive

    Sure. But, the crowd cried, “Barabbas.”
    And all the people answered, “His blood be on us and on our children!”

  13. Nancy Naive Avatar
    Nancy Naive

    The saving grace of this comic strip is human lifespan.

  14. If only there had been more police like Lt. Michael Byrd in Minneapolis, Seattle, Portland, NYC, Kenosha, Lancaster, etc….

  15. Merchantseamen Avatar
    Merchantseamen

    Bottom line…it was so disorganized on both sides, it could never have happened. The Leftists control the media therefore the narrative. Look at all the attention Alexandra Occasional-Cortex garnered. “I was going to be murdered”. She was a block away and not in any danger.

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