Ex-Shaler substitute teacher charged in Capitol riot poses 'ongoing danger,' judge says

A former Shaler substitute teacher facing numerous charges for his alleged role in the Jan. 6 Capitol riot will remain in federal custody, a judge said Friday in Washington, D.C.

Robert Morss, 28, filed a motion last month seeking to be released from custody pending trial, alleging he was subjected to inappropriate treatment at the facility where he was being held. The defense also pointed to Morss’ lack of a criminal history, military service and that he had an offer of employment if released.

U.S. District Judge Trevor N. McFadden said during a hearing Friday that he has more than 30 cases related to the Capitol riot and the allegations against Morss are at the extreme end of those.

“Rather than this being a one-off, awful mistake, he poses an ongoing danger to the community,” McFadden said.

Morss was initially charged with robbery, assault, obstruction and civil disorder. Since his arrest in June, he has been the subject of multiple superseding indictments and now faces additional charges of aiding and abetting, disorderly and disruptive conduct, engaging in physical violence in a restricted building and acts of physical violence.

In response to Morss’ request to be released from custody, the U.S. Attorney’s office said in a 33-page brief on the issue, that investigators found an undated speech Morss wrote in advance of his arrest that “makes it unequivocally clear that he does not renounce or regret his actions on Jan. 6.”

Courtesy of U.S. Attorney’s office, Washington, D.C.

The federal government said this speech was written by Robert Morss and found by investigators in his iCloud account.

“The various and diverse communities of America have been taken advantage of for far too long,” Morss wrote. “You ask if I regret my involvement and what happened on the sixth my answer is resounding no.”

Morss, addressing people who he said thought the Capitol was “desecrated in a matter of five hours,” added: “You choose not to see the desecration to our rights that has taken place within those halls (of) power for the last half century.”

“This isn’t about politics any longer. This isn’t a petty football game to debate over. This isn’t about Republicans or Democrats or whites or Blacks,” Morss wrote. “This is about blatant negligence and abuse on behalf of the government … which stands over the people not as servants of the people.”

In reaching his findings, the judge said the government has accused Morss of robbery for trying to steal shields from police officers protecting the Capitol that day.

“It is pretty shocking someone would try to take a police officer’s shield — his only defensive weapon when facing a violent mob,” McFadden said.

The judge said he also considers allegations that Morss broke a window in a senator’s private office and then entered the office to be a serious offense.

Morss also arrived in the Capitol wearing a tactical vest and carrying gear that included a knife, tourniquet and scissors, the judge said.

“This looks like someone who came spoiling for a fight, and he got one,” McFadden said.

Prosecutors said during Friday’s hearing that the government has made plea offers to Morss and his co-defendants that will expire on Jan. 21. In the meantime, the judge set a trial date of Aug. 29.