Citing Communications ‘Breakdown’ and Lack of Payment, Oath Keepers Lawyer Wants Out of Jan. 6 Lawsuit

An attorney representing the far-right Oath Keepers in a civil lawsuit over the Jan. 6 attack on the U.S. Capitol is asking to withdraw from the case, saying the group has failed to respond to his messages or pay him.

Kerry Morgan, of counsel with the firm Pentiuk, Couvreur & Kobiljak, filed the motion Thursday. He’s been representing the Oath Keepers in a lawsuit filed by Democratic members of Congress that alleges a conspiracy among that group and others, including former President Donald Trump, to block members of Congress from certifying the Electoral College results.

Morgan wrote Thursday that his client “has not communicated or responded to counsel after counsel reached out several times and there has been a breakdown of communication.”

He also said the group “has not paid [its] legal fees and costs due and owing to Pentiuk, Couvreur & Kobiljak, P.C. and have not provided information to the undersigned, if and when, the legal fees and costs will be paid.”

The attorney said he requested that the Oath Keepers find new legal representation, and on Nov. 1 told the group that he would be filing the motion to withdraw. “On November 10, 2021, Pentiuk, Couvreur & Kobiljak, P.C. did not hear from defendant, Oath Keepers, nor receive a substitution of counsel, necessitating the filing of this motion,” the filing read.

When reached for comment, Morgan declined to elaborate, writing in an email: “At this point the pleadings are sufficient.”

Morgan was previously active in the litigation, filing a motion to dismiss in May and responding to the opposition to that motion in July.

It does not appear that Morgan is actively representing the Oath Keepers in any other federal court proceeding, according to publicly available court records. He is currently part of the legal team representing gun rights groups in a challenge to the recent federal ban against owning bump stocks, which was heard last month by the en banc U.S. Court of Appeals for the Sixth Circuit.

The Oath Keepers are also named as a defendant in a civil lawsuit from U.S. Capitol Police officers over the Jan. 6 riot. A court filing shows they were served with that complaint on Sept. 23, through representatives with Silver State Legal. U.S. District Judge Amit Mehta has instructed all served defendants to respond to the complaint by Friday. No attorney has yet to file a notice of appearance on behalf of the Oath Keepers in that case.

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