FBI’s Silence on Jan. 6 Used by Whitmer Kidnapping Defendant to Buttress Case for Dismissal

By Ken Silva, Epoch Times

A defendant in the Michigan Gov. Gretchen Whitmer kidnapping case has moved to introduce evidence related to the use of federal informants in the Jan. 6, 2021, Capitol Hill breach, arguing that the FBI’s refusal to answer basic questions about such activities demonstrates a “consciousness of guilt” by the government.

Epoch Times Photo
In a photo provided by the Kent County Sheriff, Kaleb Franks is shown in a booking photo. (Kent County Sheriff via AP File)

The Jan. 14 motion from Kaleb Franks comes as he and four other defendants seek to have their charges dismissed on entrapment grounds. With their trial set for March 8, an attorney for Franks has made numerous motions related to the FBI’s use of at least 12 informants in the Whitmer investigation—including to introduce evidence related to the Jan. 6 Capitol breach, as well as to provide FBI informants and agents with immunity to testify about their actions.

The Jan. 6, 2021-related evidence that attorney Scott Graham seeks to admit is the refusal by top Department of Justice (DOJ) and FBI officials to discuss the use of informants in the U.S. Capitol breach. According to Graham, the FBI’s lack of transparency demonstrates its “consciousness of guilt”—a term, typically reserved for defendants, to describe when someone conceals evidence, intimidates witnesses, or does something else that makes him or her look guilty.


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