In Detroit, the appeals court confirmed the convictions of two men accused of orchestrating a plot to kidnap Michigan Governor Gretchen Whitmer in 2020, purportedly to incite a civil war. Adam Fox and Barry Croft Jr.’s defense argued that their ability to present an entrapment defense was unfairly constrained by a trial judge’s decisions in western Michigan. However, the appeals court determined that any mistakes made by the judge had no detrimental effect on the outcome.
“The jury was exposed to and evaluated a multitude of video and audio footage documenting the defendants’ intent for violence, their planning and involvement in training sessions, as well as their personal contributions of weapons and materials, and their abduction plans executed without hesitation,” stated the 6th U.S. Circuit Court of Appeals, delivering a unanimous 3-0 decision.
The arrests of Fox, Croft, and other extremist individuals, who harbored anti-government sentiments, shook the 2020 presidential election’s final phase. Officials alleged that the group aimed to seize Democratic Governor Whitmer at her holiday residence as a prelude to civil conflict.
Identified as leaders, Fox, 41, and Croft, 49, were convicted in a second trial in 2022 after jurors in the first Grand Rapids trial could not agree on a verdict. Croft, a trucker from Delaware, also faced charges related to weapons possession.
The body of evidence detailed reconnaissance trips to northern Michigan, specifically around Whitmer’s vacation property and a nearby bridge. It also included tactical exercises conducted within a “kill house” and documented digital expressions of animosity towards public officials, notably during the COVID-19 lockdown period.
While Governor Whitmer remained unharmed, FBI surveillance of the group was ongoing for several months, and state police were kept updated.
Currently, Fox and Croft are serving their sentences at a highly secure federal prison in Colorado, receiving nearly two decades for Croft and 16 years for Fox. Defense lawyers characterized them as ill-fated, marijuana-using, crude loudmouths manipulated by savvy FBI agents rather than authentic insurgents.
“In the United States, the FBI is not tasked with manufacturing domestic terrorists in order to subsequently apprehend them,” argued Christopher Gibbons, representing Fox, before the jury.
The broader results of the investigation and subsequent trials produced mixed outcomes for prosecutors, with five acquittals out of the 14 individuals charged at the state and federal levels. In 2020, Governor Whitmer held President Donald Trump accountable for sowing distrust and inciting anger concerning coronavirus restrictions, accusing him of failing to denounce right-wing extremism. After leaving office, Trump labeled the kidnapping plan as a “fake deal.”