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Viva Frei @thevivafrei - I don’t often use the word “BOMBSHELL”.
But this right here is a BOMBSHELL, and I don’t think people yet appreciate the significance of it.
The government produced discovery to Brian Cole Jr.’s defense attorneys.
Brian Cole Jr. is the accused planter of the Jan. 6 pipe bombs, whom many people believe to be a total patsy.
I am one of those people who believes he is a total patsy.
The government just provided discovery to Cole’s defense team, which alleges that on November 6, 2025, Kerkhoff was subjected to a polygraph AND FAILED.
She was allegedly asked two questions: “did you place those pipe bombs?” and “did you place those pipe bombs that evening?”
She allegedly FAILED that polygraph, according to this filing from the defense.
The date is critical, because the polygraph apparently occurred TWO DAYS before Steve Baker’s exposé was PUBLISHED. I emphasize the word “published” because the article was almost certainly known / circulated internally presumably because it was circulated for review and comment, legal, etc.
Operating on the basis that the facts alleged in this motion are accurate (I would imagine the defense attorneys are not going to lie about Kerkhoff having failed a polygraph), it is stunning that the government would have willingly and knowingly communicated this prima facie exculpatory evidence to the defense, unless they had a good reason.
Some of you are going to say “Brady obligations”, etc. To which I would respond that this would not be the first time the government has “lost”, “accidentally” deleted, or outright concealed / destroyed what would otherwise be exculpatory Brady disclosures.
Heck, they did it to many of the Jan. 6ers in the first place. And many of the agents who violated the defense rights of countless Jan. 6ers still have their jobs.
One of two alternatives is likely true:
The government *did not know* they had that information when they turned over presumably hundreds of thousands of pages of discovery and terabytes of information to the defense.
They didn’t know. They sent it off. They just stepped into it, and it’s going to come back and destroy their case.
Or, they DID KNOW what they were communicating it to the defense, that it would destroy their case, AND THEY DID IT ANYWAY.