Government Disclosed Jan. 6 Activities of Five Confidential FBI Sources: Defense Lawyer

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The U.S. government has acknowledged for the first time that five FBI confidential informants were involved with the Oath Keepers, but prosecutors failed to disclose that none of the sources provided evidence of guilt, a defense lawyer said on Sept. 26.

Bureau officials have repeatedly declined in congressional hearings to say whether there were agents or confidential human sources (CHSes) in the crowd when the U.S. Capitol was breached on Jan. 6, 2021. But in pre-trial communications in the Oath Keepers seditious conspiracy case, prosecutors disclosed there were five sources informing on the Oath Keepers, David Fischer, representing defendant Thomas Caldwell, said in the new filing.

“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,” Fischer said.

He said the fact was confirmed by the government telling defense lawyers that only one of the informants will take the stand during the Sept. 27 trial of former Oath Keepers leader Elmer Stewart Rhodes III and four others, including Caldwell.

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