It's been awhile since these guys have been in court - so will shorten this up a bit.
Tuesday, January 18th:
*Motions Hearings for all (Federal case) (@ 10am CT) - MI – Plot to kidnap Michigan Governor Gretchen Whitmer - *
Adam Dean Fox (37) (born 1983) of Grand Rapids, *
Barry Gordon Croft, Jr. (44) (no birth date given) from Bear, Delaware (waiting to be extradited to MI), *
Kaleb James Franks (26) (born 1994) of Wexford, *
Daniel Joseph Harris (23) (born 1997) of Lake Orion & *
Brandon Michael-Ray Caserta (32) (born 1988) of Canton arrested &
charged (10/8/20) & indicted (12/17/20) with conspiracy to commit kidnapping. All charged with a federal crime. All are being held without bond. All plead not guilty (12/17/20).
*Adam Dean Fox additional
charges (4/28/21) with knowingly conspiring to use weapons of mass destruction against persons or property in addition to the kidnapping conspiracy charged in October 2020. The superseding indictment further alleges that
Fox, Croft & Harris intended to use the devices to destroy a nearby bridge, in effect, harming & hindering the governor’s security detail and any responding law enforcement officers.
*Barry Gordon Croft, Jr. additional
charges (4/28/21) with knowingly conspiring to use weapons of mass destruction against persons or property in addition to the kidnapping conspiracy charged in October 2020. The superseding indictment further alleges that Fox, Croft & Harris intended to use the devices to destroy a nearby bridge, in effect, harming & hindering the governor’s security detail and any responding law enforcement officers & superseding indictment also alleges that on Sept. 13, 2020 in Lake County, Michigan, Croft & Harris knowingly possessed a destructive device that was not registered to them in the National Firearms Registration & Transfer Record as required by federal law. Harris is alleged to have possessed, between July 10, 2020 & Sept. 13, 2020, an Anderson Manufacturing, Model AM-15, .223/5.56 mm caliber semiautomatic assault rifle with a barrel of less than 16 inches in length, that was not registered to him.
*Daniel Joseph Harris additional
charges (4/28/21) with knowingly conspiring to use weapons of mass destruction against persons or property in addition to the kidnapping conspiracy charged in October 2020. The superseding indictment further alleges that Fox, Croft & Harris intended to use the devices to destroy a nearby bridge, in effect, harming & hindering the governor’s security detail and any responding law enforcement officers & superseding indictment also alleges that on Sept. 13, 2020 in Lake County, Michigan, Croft & Harris knowingly possessed a destructive device that was not registered to them in the National Firearms Registration & Transfer Record as required by federal law. Harris is alleged to have possessed, between July 10, 2020 & Sept. 13, 2020, an Anderson Manufacturing, Model AM-15, .223/5.56 mm caliber semiautomatic assault rifle with a barrel of less than 16 inches in length, that was not registered to him.
Trial was set to begin on 3/23/21 was rescheduled by Judge to 10/12/21 continued to 3/8/22. (expected to last 3 weeks).
Criminal Complaint & court info from 10/9/20 thru 4/5/21 reference post #339 here:
MI - 14 men charged in plot to kidnap Michigan Governor Gretchen Whitmer, Oct 2020 *Garbin guilty*
4/28/21 Update: Federal Grand Jury returns a superseding Indictment adding new charges in the conspiracy to kidnap Michigan Governor Gretchen Whitmer. According to court documents, Adam Fox, Barry Croft Jr., & Daniel Joseph Harris are charged with knowingly conspiring to use weapons of mass destruction against persons or property in addition to the kidnapping conspiracy charged in October 2020. The superseding indictment further alleges that Fox, Croft & Harris intended to use the devices to destroy a nearby bridge, in effect, harming & hindering the governor’s security detail and any responding law enforcement officers. The superseding indictment also alleges that on Sept. 13, 2020 in Lake County, Michigan, Croft & Harris knowingly possessed a destructive device that was not registered to them in the National Firearms Registration & Transfer Record as required by federal law. Harris is alleged to have possessed, between July 10, 2020 & Sept. 13, 2020, an Anderson Manufacturing, Model AM-15, .223/5.56 mm caliber semiautomatic assault rifle with a barrel of less than 16 inches in length, that was not registered to him.
5/19/21 Update: In exchange for leniency, a Michigan man has agreed to help prosecutors in their efforts to convict fellow members of a militia group accused of plotting to kidnap Gov. Gretchen Whitmer. Maxwell Wyckoff, 22, of Clarkston, a Wolverine Watchmen militia member whose associates are accused in the kidnap plot, is charged with converting a semiautomatic weapon to an automatic weapon, a felony punishable by up to four years in prison; and possessing a muffler or silencer device, a felony punishable by up to five years in prison.
7/13/21 Update: Lawyer Michael Hills for Canton Township resident Brandon Caserta wants access to the informant's phone to determine the informant's role in encouraging the conspiracy & persuading others to commit federal crimes. The request came amid a flurry of motions that provided a view into defense strategy that involves suppressing evidence, attacking the work of FBI agents & claiming FBI informants entrapped men accused in the conspiracy. Five men are awaiting an October trial in federal court in Grand Rapids, though one defendant asked U.S. District Judge Robert Jonker on Monday to move the trial out of Michigan, arguing media conduct & coverage had "corrupted the potential trial atmosphere." Such requests are rarely granted in Michigan. The text messages are revelatory & the chats appear to have been accidentally provided by the government to defense lawyers as part of a broader sharing of evidence gathered in the case, Caserta's attorney wrote. The government has refused to give defense lawyers access to the informant's & Impola's phones, Hills wrote. The filing is the second time in two days Impola has come under scrutiny in the case. On Sunday, a lawyer for co-defendant Barry Croft raised questions about whether Impola was trying to sabotage defense teams. Franks' lawyer on Monday also raised the possibility he would use an entrapment defense. The attorney wrote that he wants access to the government's files on the 12 informants, including the informants' qualifications & vetting, details about their performance, communications with agents & "instructions & admonishments they received."
7/20/21 Update: The government has documented at least 12 confidential informants who assisted the sprawling investigation. The trove of evidence they helped gather provides an unprecedented view into American extremism, laying out in often stunning detail the ways that anti-government groups network with each other and, in some cases, discuss violent actions. The prosecution gathered thousands of social media posts, some 400,000 text messages, and more than 1,300 hours of recordings — including audio or video from all three vehicles it alleges traveled to Birch Lake on the night of Sept. 12. It maintains that this evidence shows many of those who were charged not only expressed anti-government sentiments, but also took concrete steps toward the goal of kidnapping or killing law enforcement officers and elected officials. But the defendants, as well as others caught up in the sweeping investigation — which stretched from Baltimore to Kansas City — claim their talk never rose beyond the level of fantasy & they never intended to harm anyone. Although they have not denied participating in training events, attending meetings, and communicating with other defendants, they claim that no actual conspiracy to kidnap the governor ever existed. Attorneys for all but one of the defendants declined invitations to comment on the record for this story. To date, one defendant has formally accused the government of entrapment, arguing that the FBI assembled the key plotters, encouraged the group's anti-government feelings, and even gave its members military-style training. Additional defendants have said they plan to make similar claims when the cases, divided between federal & state court, go to trial starting as soon as October. Last week, the lawyer for one defendant filed a motion that included texts from an FBI agent to a key informant, the Iraq War veteran, directing him to draw specific people into the conspiracy — potential evidence of entrapment that he said the government “inadvertently disclosed.” He is requesting all texts sent & received by that informant, and other attorneys are now considering motions that accuse the government of intentionally withholding evidence of entrapment.
9/15/21 Update: Defense lawyers late Wednesday asked a judge for a 90-day delay of next month's trial saying they need more time to prepare & investigate the conduct of FBI agents who thwarted the alleged conspiracy. The 11th-hour request comes five weeks before the Oct. 12 trial in federal court in Grand Rapids. Prosecutors must respond by Wednesday & U.S. District Judge Robert Jonker will consider the request on Sept. 17.
9/17/21 Update: Federal Judge Robert Jonker on Friday said he would postpone the Oct. 12 trial of five men. A new date wasn't immediately set, but U.S. District Judge Robert Jonker suggested the trial might get pushed to February or March. Defense lawyers said they needed more time to pore over evidence shared by federal prosecutors, especially the undercover work of FBI agents & informants. 9/20/21: #347 Order resetting pretrial & jury trial as to defendants Fox, Croft, Franks, Harris & Caserta: Kury trial reset for 3/8/22 at 8:30am before Chief Judge Robert J. Jonker; final pretrial conference reset for 2/18/22 at 10am before Chief Judge Robert J. Jonker. Defense motions in limine regarding admission of out-of-court statements of defendants (or others) from proposed transcriptions of recorded conversations shall be filed by 12/17/21. Government responses to be filed by 1/7/22. Motion hearing on pending motions in limine is set for 1/18/22 at 10am before Chief Judge Robert J. Jonker. All other motions to be filed by 1/14/22. Expert disclosure deadline for all parties' testifying experts is 2/4/22. Provisional status conferences are scheduled for 10/28/21 at 10:00am & 11/23/21 at 10:00am. 9/27/21: #348 Response to motion by USA as to Franks re Appeal of Magistrate Judge decision to District Judge by Franks re Order on Motion to Compel, Order on Motion for Disclosure 325 343.
10/07/21: #350 Ex Parte Motion filed by Caserta. 10/7/21: #351 Order that Defendant Franks' Appeal of Magistrate Judge's Order 343 is overruled. The Magistrate Judge's Order 325 is affirmed as to Franks (4). 10/12/21: #352 Ex Parte proposed Stage 1 budget as to Daniel Joseph Harris. 10/25/21: #353 Notice cancelling provisional status conference set for 10/28/21 as to Fox, Croft, Jr, Franks, Harris & Caserta. The next provisional status conference is scheduled for 11/23/21. 10/26/21: #354 (restricted access) Stage 1 budge as to Harris; signed by Chief Judge Robert J. Jonker & Judge Sutton, Sixth Circuit Court of Appeals [Access to this document is available to the Court & attorney(s) for Harris only]. 10/26/21: #355 (restricted access) Stage 1 budget as to Caserta; signed by Chief Judge Robert J. Jonker & Judge Sutton, Sixth Circuit Court of Appeals [Access to this document is available to the Court & attorney(s) for Caserta only]. 10/28/21: #356 Transcript of Motion as to defendant Fox, Croft, Jr, Franks, Harris & Caserta held 9/17/21 before Honorable Robert J. Jonker.
11/05/21: (Non-Document) Attorney appearance of Jonathan Roth for USA [Attorney Jonathan Roth added to party USA. 11/18/21: #357 Notice cancelling hearing as to Fox, Croft, Jr, Franks, Harris & Caserta. 11/19/21: #360 Notice of withdrawal by USA as to Fox, Croft, Jr, Garbin, Franks, Harris & Caserta.
12/25/21: Defense attorneys filed a to dismiss the indictment against the 5 men, in what they described as "egregious overreaching" by federal agents & informants. In the 20-page motion, which was filed Saturday night, defense attorneys allege FBI agents & federal prosecutors invented a conspiracy & entrapped people who could face up to life in prison. They're asking U.S. District Judge Robert Jonker to dismiss the conspiracy charge, which would effectively knock down the federal government's case & other connected charges. The request comes after developments & claims about the government's team, including the conviction of Richard Trask, an FBI special agent who was arrested on a domestic violence charge & later fired & convicted of a misdemeanor.
1/6/22 Update: Federal prosecutors say a key FBI informant in the alleged plot to kidnap the governor of Michigan was a “double agent” who was “working against the interests of the government” by trying to destroy evidence & prevent arrests. The confidential informant, Stephen Robeson, played a central role in the investigation that led to the arrest of 14 men for allegedly participating in a plot to kidnap Gov. Gretchen Whitmer in October 2020. At the direction of his FBI handlers, Robeson reached out to potential targets, organized meetings & paid travel expenses for people to attend such events. Now the government appears to be disowning its own operative, saying he deceived the FBI & at times actively aided targets of the investigation. In a court filing Thursday (1/6/22), prosecutors said that Robeson violated the terms of his agreement with the FBI, including by possessing firearms despite having felony convictions, offering the use of “charity funds to purchase weapons for attacks,” and offering a drone to “aid in acts of domestic terrorism.” In addition, the filing said that Robeson failed to record “pertinent conversations & events,” didn’t tell his government handlers about other recordings he’d made, tried to delete recordings & attempted to warn “at least one of the defendants shortly before their arrest” in October 2020. The government’s response, laid out in the new filing, has been to disavow Robeson entirely. In the filing, they call him “an unreliable declarant” — legal speak for a liar — and say that his statements cannot be used as evidence.
*Ty Gerard Garbin (24) - plead guilty (1/27/21) & was sentenced (8/25/21) to 6 years & 3 months in Federal prison. Garbin will testify at the trial of the other defendants. Lengthy testimony & repeated debriefings have been critical in building a case to counter defense arguments that revolve around free speech issues as well as accusations of entrapment by federal undercover informants, Nils R. Kessler, the lead U.S. attorney on the case.
(for Antrim County on 4/14/21 except Higgins on 11/19/20 & Jackson County on 12/6/21)
