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Tribune News Service
Tribune News Service
National
Robert Snell

Whitmer kidnap testimony shows alleged plot existed before FBI got involved

DETROIT — Adam Fox, an accused ringleader of a plot to kidnap Michigan Gov. Gretchen Whitmer, posted online about being ready for a second civil war months before first meeting federal informants, an FBI agent testified Thursday.

Early testimony from FBI Special Agent Todd Reineck appeared designed to counter defense arguments that informants and federal agents orchestrated the scheme to kidnap the governor and entrapped four men standing trial in federal court in Grand Rapids.

Reineck testified during the third day of the kidnapping conspiracy trial as jurors were shown a series of videos featuring Fox and others railing about the government, criticizing COVID-19 restrictions imposed during the first few months of the pandemic and vowing violent action.

Jurors also heard dramatic, secret recordings of another accused ringleader, Delaware trucker Barry Croft, 46, talking about attacking Whitmer and killing her bodyguards during a coordinated attack at her Northern Michigan cottage that would involve destroying a communications tower and firing artillery.

“There’s a tornado spinning through the community and — wham! — a quick precise grab of that f------ governor,” Croft said in a June 2020 conversation recorded by an FBI informant.

“Here’s the thing about a precise group of seven men prepared for the job, with snipers shooting at heat signatures, dropping f------ armed guards before we approach the house," Croft added. "All that’s left breathing is her.”

Trial testimony continues Monday.

Earlier Thursday, Assistant U.S. Attorney Nils Kessler questioned Reineck about a December 2019 Facebook video in which Fox talked about being ready for a second civil war.

"Was this before he met any of the informants in this case?" the prosecutor asked.

"That’s correct," Reineck said.

The date of Fox's comments was seven months before the Potterville man first talked to an FBI informant, according to a court filing.

During that discussion in June 2020, Fox said: "I want to have the governor hog-tied, laid out on a table while we all pose around like we just made the world's biggest god-damn drug bust, bro."

The case is considered one of the country's most important prosecutions involving domestic terrorism and violent extremism. Fox, 38, is standing trial alongside Croft, Daniel Harris of Lake Orion and Brandon Caserta of Canton Township. They face up to life in prison if convicted of kidnapping conspiracy.

Convicted plotters Ty Garbin of Hartland Township and Kaleb Franks of Waterford Township are expected to testify the plot originated with the group, not informants or FBI agents.

Reineck served as the FBI case agent for Garbin, who is serving a six-year sentence in federal prison.

Early testimony reflected the government's multimedia trove of evidence — including texts and secret recordings captured with key fob devices — as prosecutors tried to use the accused plotters' own words and actions against them.

In one video from 2020, Croft discussed taking unspecified actions in various locations, like a "tornado."

“Once we get a foothold, and one criminal governor in our possession, we’ve captured the flag in that state,” Croft said, according to the video. “And we can start issuing terms and show that we’re not heathens and know what to do.”

Jurors watched videos recorded in early June 2020 of Fox targeting Whitmer in a tangible way beyond protests at the state Capitol.

“I want to make real change, dude. No more fake-ass f------ rallies,” Fox said. “And bring formal charges against our governor. Charge them, arrest them and make them accountable for once in our f------ lives. Lets do something f------ bold.”

Fox continued expressing anger June 25 about Whitmer and COVID-19 restrictions involving gyms, according to another recording.

“This tyrant b---- constantly does this,” Fox said. “It’s very frustrating … these gym owners have to be hurting financially. I don’t know, boys, we’ve got to do something.”

Four days later, Croft sent a text.

“Michigan’s government is a target of opportunity,” Croft wrote. “God knows the governor needs hung (sic).”

The breadth of the FBI's surveillance came into sharper focus Thursday.

Fox's lawyer Christopher Gibbons asked about cameras FBI investigators installed across the state, including at rural properties used by members of the plot for tactical and firearm training. That included a camera installed at property in Munith and at the entrance to remote property in Luther owned by Garbin where plotters are accused of creating a makeshift version of Whitmer's cottage in Elk Rapids.

“Was there one at the governor’s cottage?” Gibbons asked the FBI agent.

“That’s possible as well,” Reineck said.

Investigators also used airplanes and drones to surveil the governor's cottage, the Luther site and an Ypsilanti warehouse where Fox and others were arrested Oct. 7, 2020, after FBI agents say they arrived to make a payment for explosives.

“You don’t have any information that he had explosives on him at any time, correct?” Caserta’s lawyer Michael Hills asked the FBI agent. “So if they tried to get explosives, that would not include Mr. Caserta, correct?”

“He was part of the group but I don’t have anything specific to Mr. Caserta,” Reineck said.

“Nor was he giving any money for explosives, correct?” the lawyer asked.

“That’s correct,” the FBI agent said.

The recording of Croft talking about attacking Whitmer and killing her bodyguards was captured by rogue FBI informant Stephen Robeson.

Robeson was dropped by the FBI last year, indicted and convicted of a federal gun crime after illegally buying a sniper rifle while working as an informant.

"Some (informants) have bad motives. Fair?" Croft's lawyer Josh Blanchard asked Reineck, the FBI agent.

"Fair," the agent said.

“Some do it because they want to make money,” Blanchard said.

“Correct,” Reineck said.

“Some do it because they want to get out of trouble,” the lawyer asked.

“Correct,” the agent said.

"And get you a deal in another case," the lawyer said.

Robeson avoided federal prison in the sniper rifle case.

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