by Scott McClallen
The trial of the four men accused of plotting to kidnap Gov. Gretchen Whitmer in 2020 has been delayed after an “essential trial participant” tested positive for COVID-19.
A court document filed Sunday by Chief U.S. District Judge Robert J. Jonker says the court hopes to reconvene Thursday. The trial kicked off on March 8 in Grand Rapids.
“Assuming no other complications, the court hopes to re-convene trial Thursday,” Jonker wrote.
In October 2020, federal officials said they foiled a plot hatched by self-described “patriots” and militia angry over Whitmer’s far-reaching COVID-19 restrictions.
Brandon Michael-Ray Caserta, Barry Croft Jr., Adam Fox, and Daniel Harris met via Facebook groups and later met up at hotels in Ohio, trained in Wisconsin, and surveilled Whitmer’s cottage in Northern Michigan.
However, about 12 FBI informants and agents were involved in the plot and recorded more than 1,000 hours of conversation. One informant was paid $64,000, while another led military training.
The verdict will likely hinge on whether the jury decides that the accused were well-trained militia able to build bombs and kidnap Whitmer as they claimed in recordings, or if they were weekend warriors who liked to smoke marijuana, drink alcohol, and rant against the government. Prosecutors must show the four men took “overt acts” toward executing their plan to prove the accused men were serious.
Croft’s attorney, Josh Blanchard, described the alleged plotting as “stoned crazy talk.”
The FBI’s foiling of the plot was haunted by missteps by the three lead agents, who won’t be testifying. Richard Trask was arrested on a domestic violence charge after allegedly smashing his wife’s head into a desk after leaving a swinger sex party. He was later fired. Henrik Impola won’t be testifying after he was accused of perjury in a separate case. Jayson Chambers allegedly used the Whitmer plot to promote his security consulting firm Exeintel.
Also under question: Although the FBI knew one informant, Stephen Robeson, was using money raised under the pretext of combating child sex trafficking to purchase weapons in late 2020, he wasn’t charged until a year later in December 2021. The FBI dropped Robeson in 2021 when he was indicted and convicted of a federal gun crime after illegally buying a sniper rifle. He skipped prison via a plea deal.
Now, prosecutors claim Robeson was a “double agent” who disobeyed FBI rules, undermined the investigation, offered to use a drone to commit domestic terrorism, and warned one of the alleged plotters before an arrest.
The state plans to call Kaleb Franks and Ty Garbin, two former plotters who turned state’s witness and will testify against the four.
The defense will likely argue the accused men didn’t have the means to kidnap Whitmer without the help of taxpayers and the FBI, which paid one informant at least $19,328 to organize an “anti-government” meeting where he bought “pizza, moonshine, and paid for attendees’ hotel rooms.”
Another informant was paid $64,000.
Defendant attorneys will argue the government orchestrated the plan.
“Like music producers seeking out young, talented, musicians that can be combined into a money-making act, each of these defendants was selected and groomed by the government’s agents and informants for their role as member of this ‘conspiracy,’” Adam Fox’s defense attorney wrote in February.
All four face kidnapping conspiracy charges, which carry a maximum life sentence in prison. Croft and Harris also face charges of conspiracy to use a weapon of mass destruction.
The trial will likely take about four or five more weeks.
– – –
Scott McClallen is a staff writer covering Michigan and Minnesota for The Center Square. A graduate of Hillsdale College, his work has appeared on Forbes.com and FEE.org. Previously, he worked as a financial analyst at Pepsi.
Photo “Gretchen Whitmer” by Gretchen Whitmer and photo “FBI headquarters sign” by J CC BY 2.0.
