At least 20 FBI and Bureau of Alcohol, Tobacco, Firearms, and Explosives “assets” were embedded around the U.S. Capitol on Jan. 6, 2021, a defense attorney wrote in a court filing

Poring over evidence turned over in discovery by prosecutors in two major Oath Keepers cases has “not found one iota of proof” that defendants “had any plan, intention, design, or scheme to specifically enter the Capitol Building on J6,” the motion said.

“When asked by me and my girlfriend to produce the warrants at the time of arrest, they refused to produce them,” Brown said. “One agent was even recorded stating, ‘We don’t know what we are looking for yet.’

Under Title 18 of the U.S. Code, the seditious conspiracy charge “requires proof that the purpose of the defendants’ seditious conspiracy was to forcibly obstruct a person authorized to execute a law, while that person was attempting to execute the particular law opposed by the defendants,” Fischer wrote.

“Per binding precedent, however, Members of Congress are constitutionally prohibited from ‘executing any law of the United States,’ ” the motion said. “Additionally, per binding precedent, the Electoral College certification process did not constitute the ‘execution of any law of the United States.’ ”

Every scrap of evidence reviewed confirms that the ‘QRFs,’ which were utilized on numerous prior dates, were intended as rescue forces in the event that the Oath Keepers were attacked by Antifa or a similar contingency, and not to attack the Capitol Building,”