Part 2
The Recap from Part 1
On January 5th, 2021, Tim Hale, a dedicated Army Reservist, made a decision that would forever change his life. After a long day at work, he drove four hours to Washington, D.C., eager to hear then-President Donald Trump speak. This was not just any political rally for Tim; it was a momentous occasion, a day that could either mark Trump’s final speech as President or witness an unprecedented event in the halls of Congress. The historic significance of this day was not lost on Tim, and like many others, he felt compelled to be there.
As Trump spoke, the crowd was electric, but before the speech ended, Tim noticed people beginning to move towards the Capitol. Curious and motivated by a desire to witness history, he followed. What he found upon arrival was far from what he expected.
The Incident
Tim entered the Capitol building along with other Trump supporters, largely following the flow of the crowd. Many in the crowd, including Tim, were staunch supporters of law enforcement, with several wearing Thin Blue Line shirts as a sign of solidarity with the police. As they advanced, they were shocked to find the police firing non-lethal weapons into the masses without issuing clear instructions to disperse. Tim did not witness any significant attempts by the crowd to retaliate against the police. The situation was bewildering for him and others, who couldn't understand why the police, whom they respected and supported, were using force in such a manner. Like many others, Tim's instinct was to avoid the escalating chaos, trying to move away from the areas under fire.
Tim wandered through the Capitol, taking a few selfies, standing in line to use the restroom, and even washing his hands. His journey took him through the Crypt and eventually into the Visitor Center. He didn’t fully understand the significance of these locations at the time—this was his first visit to the Capitol. To him, it seemed as though people were simply wandering like tourists, rather than participating in any organized effort to disrupt the proceedings.
Inside the Visitor Center, Tim and others were eventually confronted by the police, who spent about ten minutes engaging in a dialogue with them. An audio recording from that moment captures Tim questioning why the police were attacking the crowd. The officers simply replied that they were following orders. Shortly after, the police escorted Tim and others out of the building.
While Tim was still in the Capitol, he received a tweet from Trump stating that Vice President Pence was going to certify the election results.
For Tim, this meant it was over. The system was not going to be shaken, and the historic day ended in a way he hadn’t anticipated. With the 6:00 pm curfew in place, Tim decided to head home. He drove four hours back to New Jersey and returned to his night shift job at the naval shipyard. That weekend, he fulfilled his duties as an Army Reservist, trying to resume a normal routine.
But life after January 6th was anything but normal for Tim Hale. His participation in that day’s events, though seemingly benign, would lead to a series of legal challenges and accusations that he never imagined facing. His story, like that of many others involved, is a complex mix of patriotism, confusion, and a stark confrontation with a justice system that has been anything but impartial.
The Aftermath and the Arrest
After returning home from his duty as an army reserve, Tim noticed some unusual behavior from his good friend and roommate of 3 years. His friend kept asking him questions about January 6. While the two had different political views, there had never been any bad blood between them, however, this was an odd line of questioning coming from his roommate.
While Tim and his roommate were having a conversation, Tim was ad-libbing and quipping about J6 calling some of the people he encountered as "feds larping" (Live Action Role Playing) as being Trump supporters. His roommate inquired about whether or not he thought there would be a civil war. Tim confided to his roommate the protest was nothing more than a protest, there was no grand plan to take over the capitol. And that he believed that Biden's inauguration would be all federal agents if there were any protests at all.
The questioning continued enough to have Tim believe his roommate was wearing a wire, which he flat-out inquired about.
'His roommate pressed him on the possibility of a potential civil war in America, after Tim jokingly stated he wished there was one. Tim clarified that he actually did NOT want a civil war but thought America had become so divided and polarized it might be an inevitability. The second part of that conversation was cut from transcripts so prosecutors could argue Tim was actively planning for sectarian conflict and was a public danger requiring immediate detention without bond.'
What happened next feels more like a scene from a dystopian novel than reality—unless you’re familiar with life under a communist regime. According to Tim's own account on his Substack, "NCIS turned my friend and roommate of three years into an informant, who wore a wire to incriminate me. The recording clearly showed that I had no plan for anything that occurred inside the Capitol building or on its grounds. A rational person would think this lack of mens rea (intent) would prevent me from being charged, indicted, detained without bond, convicted, and over-sentenced. But apparently, that wasn’t the case."
On the evening of January 15, 2021, Tim was on his way to a pet store when he was suddenly surrounded by dozens of FBI and NCIS SWAT vehicles. He was dragged to the ground with such force that it tore flesh from his shins, and automatic rifles were shoved in his face—despite the fact that he did not resist arrest in the slightest.
From that point forward, Tim's life changed forever. Starting on January 15, 2021, he was subjected to a process known as "Diesel Therapy," a term used to describe the practice of repeatedly transferring prisoners between facilities. This tactic is often employed as a form of punishment, disorienting the inmate and keeping them from establishing any sense of stability. Tim was shuffled through multiple locations, beginning with Monmouth County to Essex County, flown to Oklahoma Grady County, then flown on ConAir to West Virginia February 3, he arrived at the Washington DC jail, infamously referred to as the DC Gulag, where he would face the full weight of the charges against him.
In addition to the original charges, Tim was later charged under 18 U.S. Code § 1512(c)(2), which deals with obstruction of an official proceeding. This statute criminalizes anyone who "otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so." This charge has been a focal point in many of the January 6th cases, as it relates directly to the disruption of the certification of the Electoral College results. The charge of 18 U.S. Code § 1512(c)(2) was not added until after the Biden Administration took office.
In a significant ruling, the Supreme Court weighed in on the interpretation of this statute in the case United States v. Aguilar (1995), which set precedent for how broadly obstruction can be interpreted. However, this particular application of 1512(c)(2) has sparked considerable debate. Some argue that the statute was originally intended to apply to situations like evidence tampering or witness intimidation, not to the actions of protestors or rioters. The broad application in Tim’s case, and many others like it, has raised concerns about overreach and the potential for criminalizing political dissent.
As a result, Tim faced not only the burden of the initial charges but also the weight of this serious accusation, which carries significant penalties. His journey through the legal system, exacerbated by these additional charges, highlighted the complexities and challenges faced by those ensnared in the aftermath of January 6th.
The Justice System
Initially, Tim was granted bond by a magistrate judge who recognized his lifetime of public service, despite his controversial sense of humor reflected in offensive memes. However, this decision was swiftly overruled by the district judge overseeing his case.
Tim fought for bond on three separate occasions, appealing to both the district judge and appellate judges. Unfortunately, his efforts were in vain, as he was repeatedly denied bond. This outcome was due to a combination of ineffective counsel, misleading statements from prosecutors, and judicial decisions made without any evidence contradicting the Department of Justice’s assertions.
While I was initially granted bond by a magistrate judge, a woman who was able to balance my lifetime of public service against my love of offensive memes, this was quickly overruled by my district judge. I fought for bond three times from the district judge to the appellate judges, and I was denied each time due to a confluence of ineffective counsel, lying prosecutors, and judges making rulings without any information contradicting the DOJ’s lies.
The prosecution's arguments reveal a significant gap: they assert that releasing Hale-Cusanelli would pose an unreasonable risk of danger, yet they fail to identify any instance where he physically harmed, attempted to harm, or even expressed a desire to harm anyone. The court documents make it clear that Tim Hale-Cusanelli neither possessed a weapon nor participated in any plan to injure others. While the prosecution notes that Hale-Cusanelli was present among individuals engaged in violence on January 6, there is no evidence or claim that he took part in the violence around him.
The allegation is that Hale-Cusanelli traveled to Washington, D.C., after work to listen to the President's speech and participate in a protest. Unlike others who arrived in body armor, prepared for violence, Hale-Cusanelli wore a suit and tie, having purchased them specifically for the occasion. He marched to the Capitol as part of the "Stop the Steal" protest, followed the crowd into the building, and did not break anything, steal anything, or attempt to hurt anyone.
The prosecution's case against Tim Hale-Cusanelli took a troubling turn when they used media narratives, selectively chosen photos, and two books from his personal collection to label him a "white supremacist." While the accusation is inflammatory and damaging, it's important to remember that, under the protections of the First Amendment, being a white supremacist—though morally repugnant—is not illegal. The prosecution's reliance on this characterization appears to have been more about vilifying Hale-Cusanelli in the court of public opinion than about proving any criminal intent related to the events of January 6.
The story of Tim Hale-Cusanelli is just beginning to unfold. What you've read here is merely the tip of the iceberg—an introduction to the injustice and legal battles he has faced since January 6. There is much more to come, as we delve deeper into his experiences, the legal manipulations he endured, and the broader implications of his case on our justice system. Stay tuned as we continue to uncover the full extent of this story, exposing truths that have yet to be told.
This is why I don't trust democrats!
Just like Walz's hot line to turn people in for leaving their homes.
I can't even be in the same room with them.