Five of the members of a Michigan anti-government militia group are seeking a dismissal of charges stemming from their plot to kidnap, try and ultimately execute Democratic Michigan Governor Gretchen Whitmer, claiming “egregious overreaching” by federal agents, the Detroit News reports.

In a 20-page motion filed Christmas night, lawyers for the men claim that without the influence of FBI agents and cooperating witnesses, they would not have developed a plan to protest mask and social distance regulations put in place by Whitmer due to the pandemic–a plan which involved blowing up bridges, kidnapping Whitmer, holding a kangaroo court, and ultimately executing Whitmer for alleged crimes against the Constitution.

The lawyers want the conspiracy charge dropped, which would effectively make all the charges moot, because the FBI agent in charge of the investigation has been fired after being convicted of a misdemeanor domestic violence charge.  Also, the FBI dismissed a key informant in the case after he was arrested for illegally possessing a sniper rifle. 

A sixth man, 26-year-old Ty Garbin, pleaded guilty and is serving a six-year, federal prison sentence; he is reportedly cooperating with prosecutors.  The five charged with kidnapping conspiracy are The five charged with kidnapping conspiracy are: Adam Fox, 38; Barry Croft, 46; Kaleb Franks, 27; Daniel Harris, 24; and Brandon Caserta, 33.

“Months before any of them began suggesting it in pretrial motions, Garbin testified that (Barry) Croft and (Adam) Fox were the ringleaders of the plot, and that he and the other conspirators joined it willfully,” Assistant U.S. Attorney Nils Kessler wrote in an earlier filing.