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UNITED STATES DISTRICT COURT for the District of &ROXPELD Case 2:21-mj-01240-CRE Document 1 Filed 06/11/21 Page 1 of 1 AO 442 (Rev. 11/11) Arrest Warrant UNITED STATES DISTRICT COURT for the District of &ROXPELD United States of America v. ) ) Case No. Robert Morss ) ) ) ) Defendant ARREST WARRANT To: Any authorized law enforcement officer YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay (name of person to be arrested) Robert Morss , who is accused of an offense or violation based on the following document filed with the court: u Indictment u Superseding Indictment u Information u Superseding Information ;u Complaint u Probation Violation Petition u Supervised Release Violation Petition u Violation Notice u Order of the Court This offense is briefly described as follows: 18 U.S.C. § 111, 2 - Assaulting, Resisting, or Impeding Certain Officers or Employees; 18 U.S.C. § 231(a)(3) - Civil Disorder; 18 U.S.C. § 2112 - Robbery of Personal Property of the United States; 18 U.S.C. § 1512(c)(2) - Obstruction of Official Proceeding. 2021.06.10 13:53:17 -04'00' Date: 06//2021 Issuing officer’s signature City and state: :DVKLQJWRQ '& Robin M. Meriweather, U.S. Magistrate Judge Printed name and title Return This warrant was received on (date) , and the person was arrested on (date) at (city and state) . Date: Arresting officer’s signature Printed name and title Case 2:21-mj-01240-CRE Document 1-2 Filed 06/11/21 Page 1 of 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA : : v. : : VIOLATIONS: : ROBERT MORSS, : 18 U.S.C. § 111, 2 : (Assaulting, resisting, or impeding certain : officers or employees) Defendant. : : 18 U.S.C. § 231(a)(3) : (Civil Disorder) : : 18 U.S.C. § 2112 : (Robbery of Personal Property of the : United States) : : 18 U.S.C. § 1512(c)(2) : (Obstruction of an Official Proceeding) AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT I, being first duly sworn, hereby depose and state as follows: PURPOSE OF AFFIDAVIT 1. This Affidavit is submitted in support of a Criminal Complaint charging Robert Morss (“MORSS”) with violations of 18 U.S.C. §§ 111, 2, 231(a)(3), 2112, and 1512(c)(2). AGENT BACKGROUND 2. I am a Special Agent with the Federal Bureau of Investigation (“FBI”), and have been since 2008. I am currently assigned to a squad that investigates violent crimes out of the FBI’s Violent Crimes Task Force of the Washington, D.C. Field Office. During my participation in law enforcement, I have conducted arrests and obtained search warrants and court orders. I Case 2:21-mj-01240-CRE Document 1-2 Filed 06/11/21 Page 2 of 28 have investigated crimes involving bank robberies, armored car robberies, assaults, carjackings kidnappings, and threats, which have resulted in arrests and convictions. 3. I am one of the investigators assigned to an ongoing investigation by the FBI, United States Capitol Police (“USCP”), Metropolitan Police Department (“MPD”), and other law enforcement agencies, of riots and civil disorder that occurred on January 6, 2021, in and around the United States Capitol grounds. Since I became involved in this investigation on January 6, 2021, I have conducted interviews, reviewed public tips, reviewed publicly available photos and video, and reviewed relevant documents, among other things. 4. The facts in this affidavit come from my review of the evidence, my personal observations, my training and experience, and information obtained from other law enforcement officers and witnesses. Except as explicitly set forth below, I have not distinguished in this affidavit between facts of which I have personal knowledge and facts of which I have hearsay knowledge. This affidavit is intended to show simply that there is sufficient probable cause for the requested arrest warrant and does not set forth all of my knowledge about this matter. BACKGROUND 5. On January 6, 2021, a joint session of the United States Congress convened at the United States Capitol, located at First Street Southeast, Washington, District of Columbia. During the joint session, elected members of the United States House of Representatives and Senate met in the United States Capitol to certify the vote count of the Electoral College for the 2020 Presidential Election, which took place on November 3, 2020. 6. The United States Capitol is secured 24 hours a day by security barriers and USCP occupy various posts throughout the grounds. Restrictions around the United States Capitol include permanent and temporary security barriers and posts manned by USCP. USCP Case 2:21-mj-01240-CRE Document 1-2 Filed 06/11/21 Page 3 of 28 officers wore uniforms with clearly marked police patches, insignia, badges, and other law enforcement equipment. Only authorized people with appropriate identification are allowed access inside the United States Capitol. On January 6, 2021, the exterior plaza of the United States Capitol was also closed to members of the public. 7. The January 6, 2021 joint session began at approximately 1:00 p.m. Shortly thereafter, by approximately 1:30 p.m., the House and Senate adjourned to separate chambers to resolve a particular objection. Vice President Michael R. Pence was present and presiding, first in the joint session, and then in the Senate chamber. 8. As the proceedings continued in both the House and the Senate, and with Vice President Pence present and presiding over the Senate, a large crowd gathered outside the United States Capitol. As noted above, temporary and permanent barricades were in place around the exterior of the United States Capitol building and USCP were present, attempting to keep the crowd away from the Capitol building and the proceedings underway inside. As the certification proceedings were underway, the exterior doors and windows of the Capitol were locked or otherwise secured. 9. At approximately 2:00 p.m., certain individuals in the crowd forced their way through, up, and over the barricades, and past officers of the USCP, and the crowd advanced to the exterior façade of the building. The crowd was not lawfully authorized to enter or remain in the building and, prior to entering the building, no members of the crowd submitted to security screenings or weapons checks by the USCP or other authorized security officials. 10. A short time later, at approximately 2:20 p.m., members of the United States House of Representatives and United States Senate, including the President of the Senate, Vice President Pence, were instructed to—and did—evacuate the chambers. As such, all proceedings Case 2:21-mj-01240-CRE Document 1-2 Filed 06/11/21 Page 4 of 28 of the United States Congress, including the joint session, were effectively suspended until shortly after 8:00 p.m. the same day. In light of the dangerous circumstances caused by the unlawful entry to the United States Capitol, including the danger posed by individuals who had entered the United States Capitol without any security screening or weapons check, Congressional proceedings could not resume until after every unauthorized occupant had left the United States Capitol, and the building had been confirmed secured. The proceedings resumed at approximately 8:00 p.m. after the building had been secured. Vice President Pence remained in the United States Capitol from the time he was evacuated from the Senate Chamber until the sessions resumed. 11. After the Capitol was breached, USCP requested assistance from MPD and other law enforcement agencies in the area to protect the Capitol, keep more people from entering the Capitol, and expel the crowd that was inside the Capitol. Multiple MPD officers and other law enforcement officers came to assist. 12. During national news coverage of the aforementioned events, video footage which appeared 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 United States Capitol building without authority to be there. STATEMENT OF FACTS SUPPORTING PROBABLE CAUSE 13. An individual wearing tan camouflage clothing with a tactical style vest, scissors tucked in the front of the vest, tan gloves, and at times a red baseball style hat, who was subsequently identified as MORSS, as explained below, can be seen in multiple photos by the media on January 6, 2021, such as the ones below taken near the National Monument before the Capitol was stormed. MORSS had curly hair sticking out the side of his hat and wore clear Case 2:21-mj-01240-CRE Document 1-2 Filed 06/11/21 Page 5 of 28 goggles at times. MORSS also had a blue patch on his right shoulder and appeared to be wearing a weightlifter’s belt. As explained below, MORSS is subsequently captured on video near the frontline of rioters who pushed past police guarding the Capitol, organizing a shield wall in the violent attack on officers inside the Lower West Terrace tunnel, and entering into the Capitol through a broken window. 14. As captured on USCP surveillance, police Body Worn Camera (“BWC”) footage, and various videos posted to social media and YouTube, on January 6, 2021, law enforcement to include USCP and MPD were along a temporary fence line in the Lower West Terrace area of the Capitol. Law enforcement stood behind the metal fencing shoulder to shoulder. As time moved on, the crowd started to push and tear down the fencing separating them and law enforcement. Law enforcement attempted to push back and reestablish the fence line. During this time objects were thrown at officers, physical assaults occurred, and chemical irritants were Case 2:21-mj-01240-CRE Document 1-2 Filed 06/11/21 Page 6 of 28 used.
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