In a stunning move, defense lawyers now want prosecutors to offer immunity not to their clients but to FBI agents and informants.
he media went wild last week after Joe Biden’s Justice Department finally produced a criminal indictment to support the claim that January 6 was an “insurrection” planned by militiamen loyal to Donald Trump: Eleven members of the Oath Keepers, including its founder, Stewart Rhodes, face the rarely used charge of seditious conspiracy for their brief and nonviolent involvement at the Capitol protest that day.
Journalists luxuriated in the news, jeering those of us who had correctly noted that the Justice Department had failed to charge anyone with insurrection or sedition for more than a year.
But the press does not share the same zeal in covering another politically charged investigation: the imploding criminal case against five men accused of plotting to kidnap Michigan Governor Gretchen Whitmer in 2020. The kidnapping narrative shares many similarities with their preferred telling of January 6, not the least of which is that alleged militias incited by Trump attempted to carry out a domestic terror attack.
Despite wall-to-wall coverage after the charges in the Michigan case were announced right before Election Day, the corporate media has almost completely memory-holed the abduction caper. Stewart Rhodes is a household name; Stephen Robeson, a convicted felon and the chief FBI informant in the Whitmer case accused of all sorts of malfeasance, is not.
The reason, of course, is that exposing how the FBI set a trap to lure down-on-their-luck men—one of the codefendants referred to Adam Fox, the alleged plot leader, as “Captain Autism”—into their kidnapping ruse would run afoul of the media’s insistence that the government had nothing to do with the events of January 6, despite plenty of proof that hundreds of FBI agents and informants were involved before and during the Capitol protest. (A top FBI official recently refused under oath to say whether FBI agents or assets engaged in or incited violent criminal behavior on January 6.)
Perhaps the media considers it a mere coincidence that the head of the FBI Detroit field office overseeing the Whitmer plot was promoted to head of the FBI Washington, D.C. field office several weeks before January 6?
Defense attorneys in the Whitmer case are making a strong case for FBI entrapment, detailing egregious misconduct by the agency, and asking a judge to dismiss the charges. At least a dozen FBI agents and confidential human sources orchestrated the kidnapping scheme; defense attorneys claim the feds “actively planned and coordinated its efforts to induce the defendants to engage in incriminating behavior and statements, even going so far as designing the objective and structural components of the [kidnapping] conspiracy.”
In a stunning move, defense lawyers now want prosecutors to offer immunity not to their clients but to FBI agents and informants. A new defense filing took the rare step of asking the judge to order the Justice Department to offer “use immunity” to every FBI asset involved in the plot. Fearing they will invoke their Fifth Amendment right against self-incrimination in...