Michigan kidnapping defendants want charges dismissed, but this expert says that won't happen

Former U.S. Attorney Joyce Vance argued on MSNBC on Monday why she thought it unlikely that charges would be dismissed against the men accused of plotting to kidnap Gov. Gretchen Whitmer (D-MI).

"This morning, five men charged with conspiring to kidnap the Michigan's Democratic governor want a judge to throw out their indictment," MSNBC's Joe Fryer reported. "In a 20-page motion filed late on Christmas Day, the defense attorneys claim FBI agents and, federal prosecutors invented a conspiracy and entrapped their clients who could face life in prison."

The case has faced significant difficulties, with three FBI agents who investigated the case unable to testify.

"Federal prosecutors allege the men were upset over the Covid-19 restrictions," he noted. "So this defense team says they want the case dismissed because of 'egregious overreaching' by federal agents and informants. What do you make of these claims?"

"It's extraordinarily unlikely that the charges will be thrown out in this case, because in order to make out a defense of entrapment, you have to show that you weren't predisposed to commit the crimes that you were caught up in. and so here the government has gone to extreme lengths in its indictment — this is a multi-count indictment, conspiracy to kidnap is one of the charges, but there are also weapons of mass destruction charges and others — and there are more than 10 overt acts, that means ten steps that one or more of these alleged co-conspirators took to put their conspiracy into place," she explained. "And these are very serious events."

Vance also explained how it was likely charges would remain.

"The reason the government probably wants to keep the kidnapping count in is that it's the broadest one, it involves all five defendants," she said. "But if, for instance, in the extremely unlikely event that this were to be dismissed, the government would be able to go forward unless there was proof of entrapment with all the charges. I think there's a zero chance of that happening."

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