Taking the Fifth, FBI attacked: 5 takeaways of Gov. Whitmer kidnap trial – MLive.com

GRAND RAPIDS, MI Multiple potential witnesses in the Gov. Grethen Whitmer kidnap trial invoked Fifth Amendment protections against self-incrimination.

Stephen Robeson, described as a double agent for helping the FBI, then sharing information with defendants, and Brandon Caserta, acquitted in an earlier trial, were among those who refused to testify.

The jury trial in U.S. District Court in Grand Rapids ended Tuesday, Aug. 23, with Barry Croft Jr., 46, of Bear, Delaware, and Adam Fox, 38, of Wyoming, Michigan, convicted of conspiracy to kidnap and conspiracy to use a weapons of mass destruction.

An earlier trial ended in a mistrial for Croft and Fox when jurors, who acquitted Caserta and Daniel Harris, could not reach a unanimous decision.

The various people who refused to testify in the trial that featured nearly two weeks of testimony was one of several themes that took hold.

Here are five takeaways of the latest trial:

Taking the Fifth

Several witnesses, including those who acted as informants, invoked the Fifth Amendment.

Robeson, a Wisconsin man who provided information to the FBI in the 2020 investigation, was referenced repeatedly at both trials but did not testify.

By my signature below, I hereby assert, invoke, or otherwise claim my rights under the 5th Amendment to the United States Constitution to not be compelled to offer testimony that may be incriminating, he said, in a filing by his attorney, Lawrence Phelan.

Adam Fox, front row on left, and Barry Croft Jr., back row, third from left, are on trial in U.S. District Court in Grand Rapids for allegedly conspiring to kidnap Gov. Gretchen Whitmer. (Illustration by Forrest Miller)

As an informant, he allegedly set up meetings and field-training exercises and encouraged others involvement in the kidnapping plot. He also told a defendant about an upcoming arrest and urged another to get rid of evidence, the government said.

Caserta, who was acquitted at the first trial, invoked his Fifth Amendment protections.

But outside of the Gerald R. Ford Federal Building and U.S. Courthouse, he told FOX 17: I think its ridiculous that the governments still going to try to continue to push this narrative that these people are actually terrorists, and that actually wanted to do violence.

He said the men were a group of dudes who shoot guns and talk crap.

The FBI

Defense attorneys accused the FBI of orchestrating a domestic-terrorism plot - with undercover agents and a dozen informants - to boost careers. Christopher Gibbons, representing Fox, said the FBI worked to turn the defendants big talk into some type of actionable plan.

He noted that an FBI special agent told an informant to get Fox focused on the plan.

Crofts attorney, Josh Blanchard, said his client had no previous connection to Fox or the Wolverine Watchmen, a Michigan militia allegedly tied to the kidnap plot, until the FBI and informants put them in touch. He said Croft became a target for his online criticism of the FBI an anti-immigration fugitives death in Texas.

Assistant U.S. Attorney Nils Kessler called the claims nonsense.

This whole thing was (Crofts) and Adams idea, Kessler told jurors.

Hapless defendants

If they werent facing such serious charges, Croft and Fox might have had their feelings hurt at trial. Their own attorneys portrayed them as pot-smoking losers incapable of plotting Whitmers kidnapping never mind getting others to buy into the idea. A Delaware State Police trooper, assigned to a terrorism task force, said Croft was known as bonehead by investigators.

When asked if he referred to Croft as a moron in a text, he said: It could be Mr. Croft or it could be anyone in the group.

Hes frankly high on marijuana all the time, Blanchard said.

Gibbons called Fox hapless and told jurors that Fox was so enamored by an informants military-combat background that he drew the ire of his girlfriend.

Public officials a target

Top law-enforcement officials said the verdicts were important to protecting public officials and the public.

No governor, no public official should have to contend with what Gov. Whitmer contended with here. All of our elected officials, everyone, deserves to live in safety, not in fear.

James Tarasca, special agent in charge of the FBIs Detroit field office, said: These defendants believed their anti-government views justified violence. Todays verdict sends a clear message that they were wrong in their assessment.

State Attorney General Dana Nessel, whose office is handling state cases related to the alleged kidnapping plot, issued a statement, too: Those who threaten the lives of public officials must be held accountable. No one should have to forfeit their safety or that of their loved ones in exchange for pursuing public service.

In their own words, actions

With two undercover FBI agents and a dozen informants, investigators had real-time information about the defendants. The FBI got past op-sec, or operation security, using, for instance, hidden recorders in key fobs. Adam Fox required attendees of a meeting in the basement of a Grand Rapids-area business Vac Shack, where the unwitting owner let him live as a favor - leave their cellphones upstairs.

The FBI had audio, video, encrypted text messages and social-media posts even a sign up sheet at one event that were shown to jurors. The defense acknowledged that Croft and Fox had strong anti-government views but said it was just talk, protected by the First Amendment. The two had no way of carrying out what has been called a fantastical plot.

The words of the defendants were apparently damning to jurors. They had talked about kidnapping Whitmer at her Elk Rapids summer home and putting her on trial for treason. There was video of training sessions. Jurors saw a smiling Fox light up a Taser.

Assistant U.S. Attorney Christopher OConnor said: Theres no doubt what they wanted to do and who they wanted to kidnap.

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Taking the Fifth, FBI attacked: 5 takeaways of Gov. Whitmer kidnap trial - MLive.com