NBC News is reporting that federal prosecutors on Tuesday told a judge they intend to drop a case against Christopher Kelly, who was arrested January 20 in connection with the January 6 storming of the Capitol by Trump supporters. There are nearly 500 such cases pending, so the prosecution is off to a bad start.

Pete Williams reports:

The man, Christopher Kelly of New York City, was arrested Jan. 20 after the FBI said a paid confidential informant told agents that Kelly was posting material on a Facebook Messenger app about the riot and his plans to be in Washington on Jan. 6. The informant said a photo taken inside the Capitol was also posted, according to the FBI.

In the charging documents filed in court, an FBI agent said, “I believe the messages and image … reflect that Chris Kelly was using this account to inform associates that he had breached the Capitol and was inside.”

The court document accompanying the charges included photos that the FBI said showed Kelly on the Capitol grounds, but they did not include any further indication that he entered the building.

Other riot cases have included data from cellphone service providers indicating that defendants’ phones were inside the building. This case did not. Nor did it include any photos of Kelly himself inside the Capitol or offer any direct proof that he was among the rioters.

Can they get their deposit back from the informant?

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