Did a Government Intel Asset Plant Key Evidence in Proud Boys Case?

We should be suspicious of weird coincidences.

It’s week five of the Justice Department’s most high-profile—and high-stakes—criminal trial related to the events of January 6, 2021. Five members of the Proud Boys face the rare “seditious conspiracy” charge. Guilty verdicts—almost certain given the government’s near-perfect conviction rate for January 6 defendants—would build legal momentum for a similar indictment against Donald Trump. (The trial is so crucial that Matthew Graves, the Biden-appointed U.S. attorney for the District of Columbia responsible for prosecuting every January 6 case, has shown up in the courtroom on at least three occasions.)

Trump is a major figure in this trial, an unindicted coconspirator of sorts. Last week, Judge Timothy Kelly allowed prosecutors to play a clip of Trump’s extemporaneous comment for the Proud Boys to “stand back and stand by”—a remark uttered during a presidential debate in September 2020 more than three months before the Capitol protest. The Justice Department wants to portray the comment as a call to arms, tying the alleged “militia” group to the former president.

The clip is just another thin reed of evidence in the government’s landmark domestic terrorism case. In fact, much of the “evidence” amounts to nothing more than worthless trinkets, braggadocious group chats, and otherwise protected political speech.

It now appears that one key piece of evidence was not the work of any defendant in this case but rather written by a one-time government intelligence asset with unusual ties to both the Proud Boys and the Oath Keepers, another group involved in January 6.

A document titled “1776 Returns” is cited by the government to indicate the group had an advanced plan to “attack” the Capitol. In two separate criminal indictments, prosecutors explained how the document ended up in the hands of Enrique Tarrio, the leader of the Proud Boys: “On December 30, 2020 [an unnamed] individual sent Tarrio a document—[that] set forth a plan to occupy a few ‘crucial buildings’ in Washington, D.C. on January 6, including House and Senate buildings around the Capitol, with ‘as many people as possible’ to ‘show our politicians We the People are in charge.’”

Calling the document a “high-level summary,” a prosecutor last week combed through each page of “1776 Returns” with an expert witness even though the government conceded there was no proof Tarrio opened the file or shared it with others.

“The plan, essentially, is to have individuals inside these buildings, either cause a distraction, or—pull fire alarms in other parts of the city to distract law enforcement so that a crowd can then rush the buildings and occupy the interior so they can demand a new election,” FBI Agent Peter Dubrowski told the jury.

In other words, an “insurrection!”

But a bombshell motion filed over the weekend debunks the Justice Department’s suggestion that the document was a product, or at least a roadmap, used to guide the group’s conduct on January 6. The filing suggests that the handling of “1776 Returns,” like so much of January 6, was yet another sting operation.

“It appears that the government itself is the author of the most incriminating and damning document in this case, which was mysteriously sent at government request to Proud Boy leader Enrique Tarrio immediately prior to January 6 in order to frame or implicate Tarrio in a government created scheme to storm buildings around the Capitol,” wrote Roger Roots, attorney for Dominic Pezzola, in the motion seeking a mistrial. “As such, [the document] and the government’s efforts to frame or smear defendants with it, constitutes outrageous government conduct.”

Turns out, the person responsible for preparing the document is a man named...

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