FBI had 5 informants with Oath Keepers, none provided evidence of guilt: Defense lawyer
"None of the CHSes provided evidence of guilt on the part of the Oath Keepers as an organization, or the individual Defendants in this case."
None of the five confidential human sources (CHS) the FBI had embedded with the Oath Keepers on Jan. 6, 2021, provided the bureau with any evidence of the group's alleged criminal activity, defense attorney David Fischer has claimed.
"What the Government knew—but only recently disclosed to the Defendants—was that none of the CHSes provided evidence of guilt on the part of the Oath Keepers as an organization, or the individual Defendants in this case," he said in a recent court filing, according to the Epoch Times.
Fischer is representing Oath Keepers member Thomas Caldwell, one of several members of the group facing charges for his involvement in the events of Jan. 6, 2021, at the U.S. Capitol. A total of 11 Oath Keepers members face charges of seditious conspiracy, including founder Stewart Rhodes.
"At trial, the government or defense may call to testify certain CHSes who were either involved in the investigation that led to prosecution of the defendants, or who became CHSes subsequent to the initiation of the instant investigation," prosecutors wrote, per the Times, while seeking an order barring the defense from asking identifying questions that may expose their informants.
A judge previously rejected a bid from Rhodes to delay the trial after he fired his attorneys. The group's general counsel, Kellye Sorelle, was arrested in late August and faces charges of conspiracy and obstruction of justice.
Fischer's claims come amid whistleblower allegations that the FBI disregarded some Jan. 6 defendants' rights during the investigative process.
"I believed the investigations were inconsistent with FBI procedure and resulted in the violation of citizens' Sixth and Eighth Amendment rights," Special Agent Stephen M. Friend told the Office of Special Counsel. "I added that many of my colleagues expressed similar concerns to me but had not vocalized their objections to FBI Executive Management."