Two Acquittals, Two Mistrials In Federal Trial Over Whitmer Kidnapping Plot

DETROIT, MICHIGAN, UNITED STATES - 2021/06/28: Michigan Governor Gretchen Whitmer speaks to members of the press during a press conference held on the still inundated I-94 in Detroit. After a weekend of heavy storms ... DETROIT, MICHIGAN, UNITED STATES - 2021/06/28: Michigan Governor Gretchen Whitmer speaks to members of the press during a press conference held on the still inundated I-94 in Detroit. After a weekend of heavy storms beginning on Friday night and lasting through the weekend rainwater flooded parts of I-94 in Detroit, Michigan forcing some motorists to abandon their vehicles and seek shelter from the heavy rains. Flood waters remained in areas along I-94 between Dearborn and Downtown Detroit several days later as Michigan Governor Gretchen Whitmer held a press conference on the still inundated I-94. (Photo by Matthew Hatcher/SOPA Images/LightRocket via Getty Images) MORE LESS
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The weeks-long trial of four men accused of conspiring to kidnap Michigan Gov. Gretchen Whitmer (D) ended Friday with no guilty verdicts. 

Accused plotters Daniel Harris and Brandon Caserta were found not guilty Friday after five days of jury deliberations, while Chief U.S. District Judge Robert Jonker declared mistrials for Adam Fox and Barry Croft due to the jury being unable to reach a verdict. Fox and Croft will return to jail for now, The Detroit News reported.

Two others charged federally in the alleged plot, Ty Garbin and Kaleb Franks, have already pleaded guilty. Several others faces state charges, including providing material support for terrorist acts.

“Best birthday gift ever,” Caserta said Friday, the News reported. 

The six federal defendants were arrested in October 2020 and indicted by a federal grand jury that December.

The men were accused of conspiring to kidnap the governor as part of a months-long planning effort that included musing about leaving Whitmer stranded in a boat and using explosives to hinder the police response. 

All four men tried federally were accused of a kidnapping conspiracy. Harris, Fox and Croft were additionally charged with knowingly conspiring to use weapons of mass destruction against persons or property. Croft and Harris also were charged with possession of an unregistered destructive device, and Harris was charged with possession of a semi-automatic rifle that was not registered to him. 

Defense attorneys for the men said they weren’t serious about carrying out the acts they’d talked about and emphasized the role of government informants in the case.

The prosecution, based on hundreds of hours of recordings, was complicated by external factors, including the domestic violence arrest of one of the FBI agents helping to lead the investigation. 

“We thought the jury would convict beyond reasonable doubt based on the evidence,” Andrew Birge, the U.S. Attorney for the Western District of Michigan, said Friday.  

“We believe in the jury system,” he added, before referring to Fox and Croft, who he said he would retry: “We have two defendants awaiting trial.”

In a statement, Whitmer Chief of Staff JoAnne Huls said “There must be accountability and consequences for those who commit heinous crimes. Without accountability, extremists will be emboldened.” 

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  1. Avatar for jte jte says:

    Either this was outright jury nullification or the prosecutors involved were so incompetent that they need to be reassigned or something. How was a case like this not a bloody slam dunk?

  2. In a statement, Whitmer Chief of Staff JoAnne Huls said “There must be accountability and consequences for those who commit heinous crimes. . . ."

    I’m guessing a key problem for the jury here is that these buffoons talked a big game but never quite got around to committing heinous crimes. Clown car conspiracies don’t necessarily sound like real things to your typical juror.

  3. Fed informants all over it, basically running the scheme from the get-go.

    Real case to be made that this was basically entrapment, that the loudmouth idiots at the center of it were a bunch of buffoons who would just be another drunk at the bar raging against libtards except for the fed influence that turned it into a “plot”.

  4. Avatar for noonm noonm says:

    Defense attorneys for the men said they weren’t serious about carrying out the acts they’d talked about and emphasized the role of government informants in the case.

    Casually discussing the assault and kidnap of a female Governor is so normalized that jurors don’t find it rising to the level of a crime.

    The prosecution, based on hundreds of hours of recordings

    Also a good reminder that slow and deliberate preparation is no guarantee of success. Might have even backfired in these cases if it gave juror’s the impression that these co-conspirators liked to BS a bunch about kidnapping the governor, but took little action to do so.

  5. Does demonstrate the danger foreign actors (cough,Russia) could pose leading on these idiots in the same way.

    Especially when Fox has them so primed for it

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