The back-story.
An FBI document being kept from the public under court seal undermines the government’s seditious-conspiracy case against the Oath Keepers, shows that the indicted members of the group “are not guilty,” and “ proves that the prosecution is lying to the jury,” a former Oath Keepers attorney said in a statement provided to The Epoch Times on Oct. 7.
Jonathon Moseley, who previously represented Oath Keepers defendant Kelly Meggs before his law license was revoked, said an FBI interview with a U.S. Capitol Police officer shows the Oath Keepers protected the officer from an angry mob near the Capitol Rotunda on the afternoon of Jan. 6, 2021.
“This document—together with a photograph of the moment inside the U.S. Capitol on January 6—proves that the prosecution is lying to the jury,” Moseley said in the statement ( pdf). “No one who engages in seditious conspiracy or insurrection stops to come to the aid of the police against the mob.
“If the Oath Keepers were involved in any way in any insurrection or conspiracy to obstruct the Joint Session of Congress on January 6, would they turn and stand between the U.S. Capitol Police against the mob?” Moseley asked. “This is not merely a good act. This is absolute proof that there never was any insurrection or seditious conspiracy. The prosecution’s entire case is a fraud upon the American people.”
William Miller, public information officer for the U.S. Attorney’s Office for the District of Columbia, declined to comment on Moseley’s statements. “We typically do not comment on cases beyond our public statements and filings to the court, and have no comment,” Miller told The Epoch Times in an email.
The FBI document in question, a Form 302 summary of officer Harry Dunn’s interview with two special agents, came up in open court on Oct. 6 during the seditious-conspiracy trial of Oath Keepers founder Elmer Stewart Rhodes III and four co-defendants, Kelly Meggs, Kenneth Harrelson, Jessica Watkins, and Thomas Caldwell.