Merrick Garland won't comment on this
(twitter.com)
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Well, they are in a real pickle. If they admit that he is a federal agent, they lose the script. If they deny that he is a federal agent, then everyone wonders why the loudest agitator was left alone while people that didn't even go to the capitol were arrested. If they arrest him now, he likely spills the beans. Maybe they will need to do something really nefarious and then accuse him of being a true insurrectionist after he and his family are silent.
I am waiting to hear he was arkancided.