(Ken Silva, Headline USA) The alleged “ringleaders” of the 2020 militia conspiracy to kidnap Michigan Gov. Gretchen Whitmer filed their final briefs this week to overturn their convictions.
Croft and Fox were convicted of conspiring to kidnap Whitmer after their second trial in late 2022. At their first trial earlier that year, a jury acquitted two men while failing to reach a verdict as to Croft and Fox.
In their appeals first filed last August, Adam Fox and Barry Croft pointed out in their appeals that their lawyers said they were improperly limited in questioning government’s star witness at the second trial. The lawyers were also denied the ability to vet a juror who had expressed bias against the defendants, they said.
Moreover, the jury was never presented evidence that FBI agents were pressuring their undercover informants to provoke the defendants to criminality, according to Croft and Fox.
The Justice Department filed its response last month, denying all the alleged wrongdoing that occurred during Croft and Fox’s trial.
On the issue of time limitations, U.S. Attorney Nils Kessler argued that such restrictions were perfectly appropriate. And Kessler dismissed allegations of a biased juror as “double hearsay”—a coworker said he heard the juror had already decided to convict the men, but the juror denied the allegation, though he wasn’t under oath when questioned about the matter.
As for the evidence that FBI pressured its informants to provoke the defendants to criminality, Kessler argued that none exists—ignoring, among other evidence, the damning text between FBI agent Jayson Chambers to his informant, Dan Chappel, instructing him that the “mission is to kill the governor specifically.”
Fox and Croft’s final briefs this week responded to the DOJ’s arguments, and reemphasized many of the shady tactics the FBI used to entrap the two men.
Fox’s brief focused on what transpired at the second trial.
Croft, however, had stronger words for the appeals court—arguing that the DOJ never had a valid case against him in the first place.
“Despite the government’s transparent efforts to exaggerate Croft’s knowledge of and involvement in this government-produced sting, Croft was only involved in and attended four events, over 3.5 months: Dublin, Cambria, Peebles, Luther,” he said.
“And the FBI and its paid scammers were instigating all of them, including with its agent/informants Chappel, Plunk, and Robeson.”
The appeals court hasn’t indicated when it will render a decision.
Fox’s brief can be read here, and Croft’s here.
Christina Urso, who is making a documentary about the Whitmer plot, also published a thread about Fox and Croft’s final briefs.
BREAKING: Whitmer Fednapping Hoax 🧵
The Appeals lawyer for Adam Fox has submitted his Reply Brief to the Government's Response to Adam's Appeals Brief. pic.twitter.com/hx0x8l08f9
— Radix Verum (@NotRadix) January 25, 2024
Ken Silva is a staff writer at Headline USA. Follow him at twitter.com/jd_cashless.
