Defense attorneys want to dismiss the indictment against five men accused of plotting to kidnap Gov. Gretchen Whitmer because of what they described as “egregious overreaching” by federal agents and informants, according to a court filing.
In the 20-page motion, which was filed Saturday night, defense attorneys allege FBI agents and federal prosecutors invented a conspiracy and entrapped people who could face up to life in prison. They’re asking U.S. District Judge Robert Jonker to dismiss the conspiracy charge, which would effectively knock down the federal government’s case and other connected charges, according to The Detroit News.
The defense argues that underground Government agents posing as co-conspirators coerced the defendants into the kidnapping plot, and when the defendants did not want to go through with it, the undercover agents refused to accept failure, and continued to push the plan forward.
Five people are charged with kidnapping conspiracy and face a trial on March 8 in Grand Rapids. They have pleaded not guilty and claim to be victims of entrapment.
Federal prosecutors have argued the men were not entrapped. The government alleged the men were upset over coronavirus restrictions when they conspired to kidnap Whitmer, even scouting her second home in northern Michigan.
In January, a sixth man, 26-year-old Ty Garbin, pleaded guilty and is serving a six-year federal prison sentence.
