Capitol rioter Roberto Minuta, a member of the Oath Keepers militia group, is seeking dismissal of the conspiracy and other charges against him after an FBI agent allegedly posed as a customer at his tattoo shop and asked him questions about the insurrection.
Minuta's attorney, Jennifer Wicks, claims in a newly unsealed motion that the FBI agent's visit to his tattoo shop violated his right to have a lawyer present and his protection against self-incrimination, according to a report from the Times Herald-Record.
"She (Wicks) has asked Judge Amit Mehta of the U.S. District Court in Washington to dismiss the case for that reason or else dismiss any evidence obtained from the interview," the newspaper reported Wednesday.
According to the motion, Minuta had no idea the customer who made the appointment on July 17 was an FBI agent. The agent later filed a formal report about his conversation with Minuta, which prosecutors shared with Wicks as potential evidence in the case.
Minuta, who previously made headlines because he provided security to Trump ally Roger Stone prior to the riot, is one of at least 16 members of the Oath Keepers charged in the insurrection. Wearing a tactical vest, gloves and goggles, Minuta was also caught on video berating officers outside the Capitol — and he allegedly exchanged phone calls before and after the riot with Oath Keepers founder Stewart Rhodes.
Minuta and other members of the Oath Keepers were scheduled to appear in court on Wednesday.