The defense attorneys claim that federal prosecutors and FBI agents created a conspiracy and entrapped people. They filed the 20-page motion Saturday night. According to The Detroit News, they are asking U.S. District Court Judge Robert Jonker for dismissal of the conspiracy charge. This would effectively end the federal government’s case.

This request is made after recent developments and claims about government’s team. These include the conviction of Richard Trask (an FBI special agent) who was initially arrested for domestic violence and then fired and convicted as a misdemeanor.

Defense attorneys stated that the evidence “essentially” shows the government’s overreaching agents and the informants they handled. “When the government faced evidence that showed the defendants were not interested in a kidnapping plot it refused to concede defeat and continued pushing its plan.”

Five people have been charged with kidnapping conspiracy. They will be tried in Grand Rapids on March 8. They have pleaded guilty to kidnapping conspiracy and claimed they were victims of entrapment.

Federal prosecutors claim that the men weren’t entrapped. According to the government, Whitmer was a Democrat who had been upset by coronavirus restrictions and plotted to kidnap Whitmer. Whitmer is also scouting northern Michigan for her second home. Sunday’s messages to the U.S. Attorney for the Western District of Michigan, and the U.S. Department of Justice were not immediately returned.

Ty Garbin (26-year-old) pleaded guilty to the charges and is currently serving a six year federal sentence.