In fact, it is the Justice Department’s policy to not name unindicted co-conspirators “in the absence of some significant justification.” (Former President Richard Nixon was famously named as an unindicted co-conspirator by a grand jury in the Watergate case, while former President Donald J. Trump was effectively labeled one in a campaign finance violations case.)
Mr. Carlson pointed to the indictment of Thomas Edward Caldwell, a 65-year-old Virginia resident whom charging documents described as an apparent leader of the far-right Oath Keepers group. Mr. Carlson claimed that unnamed persons mentioned in his indictment were “almost certainly working for the F.B.I.”
The indictment does mention multiple unnamed people. One of them — “Person 1” — is described in the charging documents as the leader of the Oath Keepers, widely known to be Stewart Rhodes. But there is no evidence Mr. Rhodes is an F.B.I. informant.
The charging documents describe “Person 2” taking selfies with Mr. Caldwell together at the Capitol. As the Washington Post reported, that person may refer to Mr. Caldwell’s wife. Mr. Caldwell posted a photo of himself and his wife at the Capitol on Jan. 6.
Mr. Carlson also noted that a plot to kidnap Gov. Gretchen Whitmer of Michigan last year involved F.B.I. operatives. That is true. But the operatives are not listed as “unindicted co-conspirators.” Rather, the criminal complaint refers to “confidential human sources” and “undercover employees.”
Similarly, in the Capitol riot cases, F.B.I. informants were described as “confidential source,” “confidential human source” or simply “informant,” while agents were described as “acting in an undercover capacity.”
And Mr. Carlson cited potential entrapment cases in terrorism prosecutions documented in the book “The Terror Factory” by the journalist Trevor Aaronson, adding, “That’s what we’re seeing now.”
Article source: https://www.nytimes.com/2021/06/18/technology/misinformation-unindicted-co-conspirators-capitol-riot.html
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