(CBS Detroit) — Attorneys for five men accused of plotting to kidnap Gov. Gretchen Whitmer are looking to dismiss the indictment.

According to The Detroit News, a 20-page motion filed Christmas night is asking the judge to dismiss the conspiracy charge, which would dismantle the case and remaining charges.

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The attorneys describe the charges as “overreaching,” claiming FBI agents and federal prosecutors invented a conspiracy, entrapping the defendants.

Each man could face up to life in prison if convicted.

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A sixth man — Ty Garbin — has already pleaded guilty and is serving a six-year federal prison sentence.

In September, the judge set a March 8 trial for five men accused after defense lawyers asked him to postpone the October trial. Federal prosecutors didn’t object.

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Last week, a lead investigator in the alleged plot pleaded no contest to assaulting his wife, though he said he has no memory of it.

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