Court filing suggests entrapment operation run against the Oath Keepers by highly coordinated group
by Joseph M. Hanneman, The Epoch Times, May 6, 2022
Defense attorneys are seeking 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.
The May 5 filing comes on the heels of an April 12 Oath Keepers motion that alleged at least 20 “assets” from the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were embedded in the crowds on January 6.
According to the new filing, video evidence the defense gained access to only recently shows that some of the 80 people attacked police, other people, and members of the Oath Keepers; entered the Capitol on the west side “with apparent permission or acquiescence of government actors”; opened the Columbus Doors on the east side of the Capitol “from the inside, possibly with even further assistance of government actors”; and deployed “sophisticated crowd-behavior techniques,” orienting themselves between protesters and police.
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Suspicious actors are seen on video “associating, conferring and traveling with others, engaging in behavior to confuse law enforcement through body masking, facial masking, clothing changes, and disorienting skirmishing behavior,” Geyer wrote.
The suspected people used earpieces, satellite phones, and other communication equipment. “Often it appears that these communications devices do not seem to be affected by capacity restriction or sophisticated jamming that was evident throughout the day,” Geyer wrote.
“If it can be established that these SAs [suspicious actors] were government agents, this could amount to entrapment defense that will dispose of this 7th indictment prior to trial,” the motion said.
“If it can be established that SAs, even without established government agency, from the west or elsewhere, were let into the Capitol and/or were assisted in opening the Columbus Doors from the inside—a reasonable inference from video evidence—a reasonable jury might conclude that one or more SAs had government sponsorship,” Geyer wrote.
Eleven members of the Oath Keepers were charged on January 12 with seditious conspiracy, obstruction of a government proceeding, and other counts. The government alleged the Oathkeepers committed the crimes to prevent the certification of Electoral College votes from the 2020 presidential election.
