Court filing states 20 federal 'assets' embedded at the Capitol on January 6

The claim arrives in the form of a footnote in a 41-page motion to dismiss charges against members of the Oath Keepers.

Updated: April 13, 2022 - 9:56am

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An attorney for a Jan. 6 defendant  says in a recent court filing that at least 20 FBI and Bureau of Alcohol, Tobacco, Firearms, and Explosives "assets" were embedded around the U.S. Capitol on the day of the riot.

The attorney, David Fischer, is seeking a dismissal of charges of seditious conspiracy and obstruction charges against nearly a dozen members of the Oath Keepers and client Thomas Caldwell.

The 41-page motion was filed Tuesday before U.S. District Judge Amit Mehta in Washington, D.C., according to a report in the Epoch Times.

"At least 20 FBI and ATF assets were embedded around the Capitol on J6," a footnote in the motion reads. The motion also states that attorneys "combed through a mountain of discovery" including summaries of interviews conducted by FBI agents and that members of the Oath Keepers, a far-right group, were "being monitored and recorded prior to J6." 

Fischer writes that despite carefully inspecting a significant amount of evidence during discovery, he has not found "one iota of proof" that the defendants pre-planned or had any "intention, design, or scheme to specifically enter the Capitol Building on J6."