COLTS NECK, NJ - According to a secret recording by an anonymous informant, a Colts Neck resident - Timothy Hale-Cusanelli, traveled to the District of Columbia to participate in a rally and protest at the U.S. Capitol. He is enlisted in the United States Army Reserves and also works as a contractor at Naval Weapons Station Earle where he maintains a “Secret” security clearance and has access to a variety of munitions.
These statements are laid out in a complaint filed against Hale-Cusanelli by Daniel J. Meyers, Special Agent, for alleged actions during the protest and ensuing riot at the Capitol.
The charges and background on the actions in the report are as follows from Meyers:
"On January 12, 2021, I received information from an individual who has been enrolled as a Confidential Human Source (“CHS”) with NCIS. The CHS reported that HALE-CUSANELLI told the CHS that HALE-CUSANELLI was present at the riot at the United States Capitol Building and, as part of the riot, he entered the Capitol building itself.
HALE-CUSANELLI then showed CHS videos on his cell phone which depicted HALECUSANELLI making harassing and derogatory statements toward Capitol Police officers both inside and outside the Capitol building.
During our meeting on January 12, 2021, the CHS reported to me that HALE-CUSANELLI is an avowed white supremacist and Nazi sympathizer who posts video opinion statements on YouTube proffering extreme political opinions and viewpoints under the title the “Based Hermes Show.” HALE-CUSANELLI also posts similar content in other forums. Prior to traveling to the rally and protest on January 6, 2021, HALE-CUSANELLI wrote “Trust the plan, it’s the final countdown, stay tuned next episode” and “Trust the plan, major announcement soon.”
On January 14, 2021, the CHS was able to utilize an NCIS-approved recording device to record a conversation between the CHS and HALE-CUSANELLI. During this conversation, HALE-CUSANELLI admitted to entering the Capitol and encouraging other members of the mob to “advance” – giving directions via both voice and hand signals. HALE-CUSANELLI told the CHS that if they’d had more men they could have taken over the entire building. HALE-CUSANELLI also admitted to taking a flag and flagpole that he observed another rioter throw “like a javelin” at a Capitol Police officer, which HALE-CUSANELLI described as a “murder weapon.” HALE-CUSANELLI stated his intent to destroy or dispose of the flag and flagpole as soon as he could.
Based on the foregoing, your affiant submits that there is probable cause to believe that TIMOTHY LOUIS HALE-CUSANELLI violated 18 U.S.C. §§ 1752(a)(1) and (2), which make it a crime to (1) knowingly enter or remain in any restricted building or grounds without lawful authority to do so; and (2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engage in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions or attempts or conspires to do so. For purposes of Section 1752, a “restricted building” includes a posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by the Secret Service, including the Vice President, is or will be temporarily visiting; or any building or grounds so restricted in conjunction with an event designated as a special event of national significance.
Your affiant submits there is also probable cause to believe that TIMOTHY LOUIS HALE-CUSANELLI violated 40 U.S.C. §§ 5104(e)(2)(D) and (G), which make it a crime to willfully and knowingly (D) utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at any place in the Grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly conduct in that building of a hearing before, or any deliberations of, a committee of Congress or either House of Congress;; and (G) parade, demonstrate, or picket in any of the Capitol Buildings.
Finally, your affiant submits there is probable cause to believe that TIMOTHY LOUIS HALE-CUSANELLI violated 18 U.S.C. 231(a)(3), which makes it unlawful to commit or attempt to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function.
For purposes of Section 231, a federally protected function means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof. This includes the Joint Session of Congress where the Senate and House count Electoral College votes."
According to a report at NBC News, On Jan. 14, the informant worked with the Navy Criminal Investigative Service to record a conversation with Hale-Cusanelli where he confessed to entering the Capitol and detailed his actions inside.
The FBI in New Jersey said that Hale-Cusanelli was arrested Friday by agents of the Newark FBI Joint Terrorist Force and the NCIS.
Hale-Cusanelli is 30 years old and lives on the Naval base according to public records.