Three men accused of plotting to kidnap Michigan Gov. Gretchen Whitmer had terrorism charges dropped ahead of their trial.
Judge Michael Klaeren of 12th District Court in Jackson County, Michigan, dropped the charges against 26-year-old Joseph Morrison, 43-year-old Pete Musico, and 22-year-old Paul Bellar, three of the 14 men alleged of being involved in the plot.
“There has to be some form of intent here to incite mayhem,” Klaeren said on Monday.
Such a terrorism charge carries a potential penalty of 20 years in prison.
The three men still face charges for gang membership and providing material support to terrorism, both punishable by up to 20 years in prison, as well as felony firearm charges, punishable by up to two years in prison, according to the Detroit News.
The judge ordered Musico, Morrison, and Bellar to stand trial for those charges.
The three men are alleged to have ties to a militia group called Wolverine Watchmen. Other suspects with alleged militia ties include Shawn Fix, Eric Molitor, Michael Null, and William Null.
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The judge said the terrorism charges were dropped for the three men because the group communicated on encrypted platforms. Some messages were reportedly deleted occasionally, making it difficult to retrace full lines of communications. Klaeren explained his ruling, saying that communication through the chats is “in many respects no different than thinking the thought to yourself.”
The judge said the three men were “erratic,” adding that he had reason to believe a successful kidnapping would “result in injury or death or the commission of other violent crimes.”
The group allegedly held at least seven training sessions for the accused plot to kidnap the governor, with Klaeren citing “direct testimony” that firearms were present during the sessions.
Andrew Kirkpatrick, an attorney for Bellar, argued on Monday that his client “provided no training, no surveillance, no material support” for acts of terrorism, adding that the state did not prove illegal acts.
Earlier this month, an FBI informant testified against the men involved in the alleged scheme, citing being invited to the group’s encrypted chats and showing up to planned training sessions.
Members of the accused group were allegedly part of an April 30 protest against the coronavirus lockdowns in Lansing, the state capital, in which hundreds of people, some armed, entered the lobby of the Michigan State Capitol.
The Michigan attorney general’s team compared the April 30 protest to the Jan. 6 riot at the United States Capitol. Attorneys for the suspects disagreed.
“To compare that to what happened on Jan. 6 is highly improper,” said Kareem Johnson, Musico’s attorney. “How it happened in Michigan is how it’s supposed to happen: You stay in publicly accessible areas, you comply with law enforcement, and you express your grievances.”
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Six of the 14 men were charged federally, and eight, including Musico, Bellar, and Morrison, were charged at the state level.
The Washington Examiner reached out to the 12th District Court for comment but did not immediately receive a response.
