Webster is accused of attacking a Metropolitan Police Department officer at the Capitol. The officer’s body camera footage shows Webster unleashing profanity-laden insults against the officer, then shoving a metal barrier into the officer and arming himself with a flagpole with a large Marine Corps flag attached, the FBI stated in court documents. Webster raised the flagpole above his head and then struck the metal barrier, before striking at the officer numerous times, the FBI stated, then Webster pinned the officer to the ground and tried to remove the officer’s face shield and gas mask. There is no account of Webster entering the Capitol building.
Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.
- First Name(s): Thomas
- Last Name(s): Webster
- Case Number: 1:21-cr-208
- Arrest Location: White Plains, NY
- Judge: G Michael Harvey
- Judge: Amit Mehta (most recent)
- Entry Last Updated: 08/07/2023
- Date Docket Downloaded: 08/13/2021
- Currently Incarcerated: No
- Support Thomas Webster: Click here to help cover Thomas's legal and living expenses
Charges
Assaulting (1) Resisting, or Impeding Certain Officers Using a Dangerous Weapon (2) Civil Disorder (3) Entering and Remaining in a Restricted Building or Grounds with a Deadly or Dangerous Weapon (4) Disorderly and Disruptive Conduct in a Restricted Building or grounds with a Deadly or Dangerous Weapon (5) Engaging in Physical Violence in a Restricted Building or Grounds with a Deadly or Dangerous Weapon (6) Disorderly Conduct Within the Capitol Grounds or Buildings (7) Act of Physical Violence Within the Capitol Grounds or Buildings (8)
Case Status
Arrested 2/22/21 in the Southern District of New York. Initial Appearance 2/23/2021 and ordered detained. Indicted 3/12. Webster was arraigned on 4/9/21 and plead not guilty to counts 1-7. Motion for release from custody granted 6/29/21. Jury Trial concluded on 5/2/22, verdict of guilty rendered as to Counts 1-6. Sentenced to 120 months of incarceration, Special Assessment of $510 and Restitution in the amount of $2060.
USA Attorney
Brian Kelly
USA Attorney
Hava Levinson Mirell
Hava Arin Levinson Mirell
US ATTORNEY'S OFFICE
312 N Spring St. Ste 1200 Los Angeles, CA 90012
213 894 0717 [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Assistant US Attorney
USA Attorney
Katherine Nielsen
KATHERINE NIELSEN
Trial Attorney, Detailee
United States Attorney’s Office
District of Columbia
D.C. Bar No. 491879
555 4th Street, N.W.
Washington, D.C. 20530
Telephone: (202) 355-5736
Email: [email protected]
Thomas Webster's Mailing Address
Thomas Webster-31135-509
FCI TEXARKANA
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 7000
TEXARKANA, TX 75505
Release date is 12/15/30
Please note: Prisoner mail is reviewed by guards. Please keep messages of encouragement to a general and/or religious nature. For example, do not mention the events of Jan. 6th or other current events under criminal investigation.
Case Documents
- Thomas Webster Docket Sheet as of 8/7/2023
- Docket Download-8.23.21
- #1 SEALED COMPLAINT as to THOMAS WEBSTER
- #1 a) Statement of Facts
- #3-MOTION to Seal Case by USA as to THOMAS WEBSTER
- #4-ORDER granting 3 Motion to Seal Case as to THOMAS WEBSTER
- #5-Rule 5(c)(3) Documents Received as to THOMAS WEBSTER
- #6-INDICTMENT as to THOMAS WEBSTER
- #8-MOTION for Leave to Appear Pro Hac Vice Jon C. Dupree
- #9-MOTION for Leave to Appear Pro Hac Vice James E. Monroe
- #10-NOTICE of Filing Discovery Correspondence by USA as to THOMAS WEBSTER
- #11-Unopposed MOTION for Protective Order by USA as to THOMAS WEBSTER
- #12-ORDER granting 11 Unopposed Motion for Protective Order
- #13-NOTICE OF ATTORNEY APPEARANCE
- #14-SUBPOENA Issued
- #15-NOTICE OF ATTORNEY APPEARANCE
- #16-NOTICE of Filing Discovery Correspondence by USA as to THOMAS WEBSTER
- #17 PETITION FOR A WRIT OF HABEAS CORPUSby THOMAS WEBSTER
- #18-First MOTION for Sanctions for Contempt against N.Y.P.D. & Lt. Richard Mantellino by THOMAS WEBSTER
- #19-RESPONSE by THOMAS WEBSTER
- #20-SUPPLEMENT by THOMAS WEBSTER
- #21-VACATED PURSUANT TO MINUTE ORDER FILED
- #22-SUPPLEMENT by THOMAS WEBSTER
- #23-STIPULATION Letter Requesting Adjournment
- #24-First MOTION for Release from Custody by THOMAS WEBSTER.
- #25-MOTION for Leave to File Redacted exhibits by THOMAS WEBSTER
- #26-Memorandum in Opposition by USA as to THOMAS WEBSTER
- #27-First MOTION for Release from Custody Defendant's Reply by THOMAS WEBSTER
- #27 a) Exhibit Photograph of Punch
- #27 b) Exhibit Pistol Permit
- #27 c) Exhibit Letter to Warden
- #28-NOTICE of Filing of Exhibit Pursuant to Rule 49 by USA as to THOMAS WEBSTER
- #29-ORDER Setting Conditions for High Intensity Supervision Program as to THOMAS WEBSTER
- #30-Unopposed MOTION for Disclosure of Items Protected by Federal Rule of Criminal Procedure 6(e) and Sealed Materials by USA as to THOMAS WEBSTER
- #31-ORDER granting 30 Motion for Disclosure of Items Protected by Federal Rule of Criminal Procedure 6(e) and Sealed Materials
- #35 NOTICE of Filing Discovery Memoranda by USA as to THOMAS WEBSTER
- #35 a) Memorandum Regarding Status of Discovery as of 7/12/2021
- #35 b) Exh. A to 7/12/2021 Discovery Memorandum
- #35 c) Memorandum Regarding Status of Discovery as of 8/23/2021
- #35 d) Memorandum Regarding Status of Discovery as of 9/14/2021
- #36 NOTICE of Filing Discovery Correspondence by USA as to THOMAS WEBSTER
- #36 a) Discovery Letter
- #38 NOTICE of Filing Discovery Memorandum by USA as to THOMAS WEBSTER
- #38 a) Memorandum Regarding Status of Discovery as of 10/21/2021
- #39 SUPERSEDING INDICTMENT as to THOMAS WEBSTER (1) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 7s.
- #41 NOTICE of Filing Discovery Memorandum by USA as to THOMAS WEBSTER
- #41 a) Memorandum Regarding Status of Discovery as of November 5, 2021
- #43 NOTICE of Affirmative Defenses by THOMAS WEBSTER
- #44 PRETRIAL ORDER as to THOMAS WEBSTER
- #46 AMENDED PRETRIAL ORDER as to THOMAS WEBSTER.
- #47 First MOTION for Extension of Time to File 12(b) Motions by THOMAS WEBSTER.
- #48 Amended MOTION for Extension of Time to file 12(b) Motions by THOMAS WEBSTER.
- #49 First MOTION to Change Venue by THOMAS WEBSTER.
- #49 a) Exhibit Select Litigation Report on Jury Data
- #50 NOTICE OF ATTORNEY APPEARANCE Katherine Nielsen appearing for USA
- #51 NOTICE United States' Memorandum Regarding Status of Discovery as of February 9, 2022 by USA as to THOMAS WEBSTER
- #52 Memorandum in Opposition by USA as to THOMAS WEBSTER re [49] First MOTION to Change Venue
- #53 ENTERED IN ERROR.NOTICE of Filing Discovery Memorandum by USA as to THOMAS WEBSTER.
- #54 REPLY in Support by THOMAS WEBSTER re 49 First MOTION to Change Venue
- #55 SECOND AMENDED PRETRIAL ORDER as to THOMAS WEBSTER
- #56 MOTION in Limine to Limit Cross-Examination of Secret Service Agency Witnesses by USA as to THOMAS WEBSTER.
- #57 MOTION in Limine to Exclude Improper Character Evidence by USA as to THOMAS WEBSTER.
- #58 MOTION in Limine to Exclude Evidence Pertaining to an Unidentified Female Rioter by USA as to THOMAS WEBSTER.
- #60-MOTION in Limine to Preclude Claims of Self-Defense, Necessity, Justification, and Duress, and to Exclude Evidence in Support Thereof by USA as to THOMAS WEBSTER_
- #61 NOTICE of Filing of Exhibit Pursuant to Local Criminal Rule 49 by USA as to THOMAS WEBSTER
- #62 MOTION for Extension of Time to File Response/Reply by THOMAS WEBSTER.
- #62 a) Affidavit
- #62 b) (Certificate of Service)
- #63-RESPONSE by THOMAS WEBSTER re [58] MOTION in Limine to Exclude Evidence Pertaining to an Unidentified Female Rioter
- #64 RESPONSE by THOMAS WEBSTER re [56] MOTION in Limine to Limit Cross-Examination of Secret Service Agency Witnesses
- #65 RESPONSE by THOMAS WEBSTER re [57] MOTION in Limine to Exclude Improper Character Evidence
- #68-RE~1
- #70 REPLY in Support by USA as to THOMAS WEBSTER re 56 MOTION in Limine to Limit Cross-Examination of Secret Service Agency Witnesses
- #72-REPLY in Support by USA as to THOMAS WEBSTER re 57 MOTION in Limine to Exclude Improper Character Evidence
- #73-RE~1
- #74 PRETRIAL MEMORANDUM Joint Pretrial Statement by USA as to THOMAS WEBSTER
- #75-ORDER as to THOMAS WEBSTER
- #76-SECOND SUPERSEDING INDICTMENT as to THOMAS WEBSTER
- #78-ORDER denying Defendant's [49] Motion for Change of Venue as to THOMAS WEBSTER
- #81-Application for Access to Trial Exhibits by PRESS COALITION as to THOMAS WEBSTER
- #82-NOTICE Related to Public Release of Trial Exhibits by USA as to THOMAS WEBSTER
- #83-Proposed Jury Instructions by USA as to THOMAS WEBSTER
- #84-Jury Note as to THOMAS WEBSTER
- #86-JURY VERDICT as to THOMAS WEBSTER_
- #88-ATTORNEYS' ACKNOWLEDGMENT OF TRIAL EXHIBITS AND EXHIBIT LIST as to THOMAS WEBSTER_
- #89-EXHIBIT LIST by USA as to THOMAS WEBSTER_
- #90-EXHIBIT LIST by THOMAS WEBSTER. This exhibit list was prepared by Judge Mehta's courtroom deputy_
- #91 First MOTION for Extension of Time to File Judgment of Acquittal by THOMAS WEBSTER.
- #92 First MOTION for Judgment NOV by THOMAS WEBSTER.
- #97 Memorandum in Opposition by USA as to THOMAS WEBSTER re 92 First MOTION for Judgment NOV
- #99-MEMORANDUM OPINION & ORDER denying Defendant Webster's [92] Motion for Judgment of Acquittal Pursuant to Fed. R. Crim. P. 29(c)
- #100-Draft Jury Instructions
- #101-Final Jury Instructions
- #104-SENTENCING MEMORANDUM by USA as to THOMAS WEBSTER
- #105-SENTENCING MEMORANDUM by THOMAS WEBSTER
- #106-RESPONSE TO ORDER OF THE COURT by USA as to THOMAS WEBSTER re Order
- #107-RESPONSE TO ORDER OF THE COURT by THOMAS WEBSTER re Order
- #109-NOTICE OF APPEAL - Final Judgment by THOMAS WEBSTER
- #110-JUDGMENT as to THOMAS WEBSTER
- #112 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid as to THOMAS WEBSTER re 109 Notice of Appeal - Final Judgment.
- #127 MOTION for Disclosure Defendants transcript by THOMAS WEBSTER
- #128 ORDER granting 127 Motion for Disclosure as to THOMAS WEBSTER. The Pretrial Conference hearing transcript dated April 21, 2022 shall be made available to appellate counsel of record, Elizabeth A. Brandenburg. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 03/17/2023
- #131 ORDER granting [130] Sealed Motion. The (1) Government's Motion In Limine To Preclude Or Limit Cross Examination Of Officer Noah Rathbun And Exclude Evidence (ECF # 59); (2) Defendant's Opposition (ECF # 66); (3) Government's Reply (ECF # 71); and (4) transcript of the April 21, 2022, pretrial conference (ECF # 126), are unsealed. In addition, the Clerk of Court shall unseal the government's motion, ECF No. 130. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 08/02/2023
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