Defense attorneys seek to identify and investigate 80 suspicious actors and material witnesses, some of whom allegedly ran an entrapment operation against the Oath Keepers on January 6, 2021, and committed crimes including the removal of security fencing, breaching police lines, attacking officers, and inciting crowds to storm into the Capitol.
In a motion (pdf) and supplement (pdf) filed after 11 p.m. on May 5 in federal court in Washington, attorney Brad Geyer listed 80 people, some of whom he said could be government agents or provocateurs. The people are seen on video operating in a coordinated fashion across the Capitol grounds on January 6, the attorney alleged.
Geyer’s suggestion of an entrapment scheme will resonate with dozens of January 6 defense attorneys, coming shortly after two men were acquitted of an alleged plot to kidnap Michigan Gov. Gretchen Whitmer (D). There was a hung jury on charges against two other defendants. The jury in that case was allowed to consider FBI entrapment as a defense.
Geyer, who represents Oath Keepers defendant Kenneth Harrelson, is seeking a court order from U.S. District Judge Amit Mehta compelling federal prosecutors to help identify the individuals and disclose whether they were working for law enforcement or any government agency on January 6. Geyer wrote that the information is exculpatory, which compels the government to produce it. Other Oath Keepers defendants are expected to join in the motion.