He was released in January but re-arrested last month after investigators said they found a rifle and bomb-making material in his home, and also learned that he recently bought another 37 guns on the Internet. The decision from Judge Christopher Cooper means Robertson will stay behind bars until his case is resolved, which could take months or even drag into 2022.
His lawyer said Robertson is in solitary confinement, for his own safety, because he’s a former police officer.
“There is probable cause to believe that Robertson committed a felony — willfully shipping or transporting firearms and ammunition despite being under felony indictment,” Cooper wrote in a ruling, concluding that there was no way to protect the public without keeping Robertson in jail.
“Robertson’s procurement of these dangerous weapons under the surrounding circumstances heightens the risk to public safety,” Cooper added.
Prosecutors say Robertson called for more violence after January 6. He allegedly posted online that “the only voice these people will now listen to is violence,” so people should “buckle armor or just stay at home.” After that, prosecutors said, Robertson started purchasing more weapons.
Robertson’s lawyers argued unsuccessfully for his release. They claimed he is an “antique gun lover” and that the rifle in his bedroom was from World War II. They also said the alleged pipe bomb was “inert” and meant for training, because Robertson was a law enforcement instructor.
He pleaded not guilty to four counts, including felony obstruction of congressional proceedings.
The case took a turn last week when Robertson’s son took the stand and testified that the M4 rifle belonged to him. The son, Hunter Robertson, also claimed under oath that FBI agents “did not” ask him about the rifle when they interviewed him while searching the house.
Prosecutor Elizabeth Aloi disputed the son’s claim about the FBI and said he “has now given inconsistent statements to law enforcement,” raising the possibility that he broke the law by lying. The judge said, “his testimony may incriminate him,” and told the son to hire an attorney.