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Michigan Defense attorneys brought a motion to dismiss the indictment against five men accused of conspiracy in the  Gov. Whitmer kidnapping case. They are claiming that rogue FBI agents,  untrustworthy informants, and shady prosecutors were creating and directing the conspiracy.

Five men are being charged with kidnapping conspiracy. The trial is scheduled for March 8 in Grand Rapids, Michigan. They have pleaded not guilty. And are claiming to be victims of entrapment.

Last January, a sixth man, Ty Garbin, pleaded guilty. He will be testifying against the others. And is now serving a six-year federal prison sentence.

“Essentially, the evidence here demonstrates egregious overreaching by the government’s agents, and by the informants, those agents handled,” defense attorneys claim in the motion. “When the government was faced with evidence showing that the defendants had no interest in a kidnapping plot, it refused to accept failure and continued to push its plan.”

According to the 20-page court filing, the “conspiracy” was invented by federal prosecutors. And then they went out and tried to entrap people to join. More revelations about the FBI team and their informants continue to shake things up. 

Henrik Impola was the special agent in charge of the confidential informant making hundreds of hours of secret recordings planning the Whitmer kidnapping. He is being accused of perjury in another case. 

Defense attorneys claim Impola testified that he “has had trouble telling the truth under oath.”  Prosecutors on the Whitmer case are calling the defense allegations “unfounded.” And are now saying  Impola will not be called as a witness.

He is the third agent from the case conspicuously missing from government witness lists.

Whitmer kidnapping case new disclosures 

The motion requests that US District Judge Robert Jonker dismiss the conspiracy charge. And the entire case seems to hinge on proving a conspiracy. If it is dropped the federal government’s case and other connected charges may have to be dismissed.

The Detroit News reports the defense motion comes after disclosures about Impola. And the conviction of special agent Richard Trask’s arrest on domestic violence charges. Trask has since been fired and convicted of a misdemeanor.

Federal prosecutors argue the men were not entrapped. The government alleges the defendants were upset over coronavirus restrictions. And conspired to kidnap Democrat Michigan governor Gretchen Whitmer.  

According to BuzzFeed News, the Justice Department had already announced agent Jayson Chambers would not be testifying either.