Judge tosses terrorism threat charge against 3 accused in alleged Whitmer plot

[mahatmakanejeeves]

Source: The Detroit News

Judge tosses terrorism threat charge against 3 accused in alleged Whitmer plot

James David Dickson
The Detroit News

Published 10:51 a.m. ET Mar. 29, 2021 Updated 1:19 p.m. ET Mar. 29, 2021

Three men accused in an alleged plot to kidnap Gov. Gretchen Whitmer will not be tried on charges of false report or threat of terrorism, a Jackson County judge ruled Monday. ... "There has to be some form of intent here to incite mayhem," said Judge Michael Klaeren of 12th District Court in Jackson. ... The charges were dismissed against Paul Bellar of Milford and Joseph Morrison and Pete Musico of Munith.

They are among seven men accused of having ties to the militia group Wolverine Watchmen who are charged in the alleged plot. The others include Shawn Fix of Belleville, Eric Molitor of Cadillac, Michael Null of Plainwell and William Null of Shelbyville. The men had faced a total of 19 felony charges for firearms and terror-related acts.

After onboarding new members through mediums such as Facebook, the group's conversations took place in encrypted chats. The limited nature of those chats is why the threat charge was dismissed, Klaeren said. ... Klaeren said an encrypted communication network, not accessible to the general public, was "in many respects no different than thinking the thought to yourself."

Klaeren is still deciding whether the three men will stand trial on other charges, including gang membership, felony firearm and providing material support to terrorism.

{snip}

Read more: https://www.detroitnews.com/story/news/local/michigan/2021/03/29/gretchen-whitmer-plot-threat-paul-bellar-joseph-morrison-pete-musico/7044920002/

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Hat tip, Kevin M. Kruse, who retweeted this:

NEW: A judge has dismissed threat of terrorism charges against three men accused in a plot to kidnap Michigan Gov. Gretchen Whitmer

"There has to be some form of intent here to incite mayhem," the judge said

Link to tweet

[soothsayer]

1. They wanted to kidnap and kill her on tv, right?

Lock them the eff up RFN

[LakeArenal]

2. WOW. Sadly Wow.

[Claire Oh Nette]

3. Um, kidnapping and killing are mayhem

"There has to be some form of intent her to incite mayhem."

When did assassination stop qualifying as mayhem? A failed assassination attempt most surely did have an intent to cause mayhem.

Is it so hard to charge white men with actual crimes they committed?

Attempted assassination is no joke. that was the trial run for January 6. Twice failed. Let's not have a third time.

[bluestarone]

4. I'll wait until others chime in here, BUT

Right now i'm thinking WTF?

[bullimiami]

5. plotting with others via encrypted chat is the same as? WTF?

"in many respects no different than thinking the thought to yourself."

so if they were together in person plotting it how would it be any different?

blown call judge.

you know whats no different than thinking it to yourself? THINKING IT TO YOURSELF.
you know what isnt? PLOTTING WITH OTHERS.

[TheRealNorth]

8. If they were brown guys living in a foreign country....

There is certainly enough there to earn them a visit from a Predator drone.

[Marthe48]

21. Remember Jimmy Carter?

He admitted he sinned in his heart? And quoted the Bible? About a thought being a sin?

He hadn't shared thoughts about kidnapping, raping and murdering a woman on television in an encrypted message on the Internet. But he got crucified by the press.

And just how does this (impeachable) judge think that child molester rings are hauled in and charged? Magic?

I hope the judge who dismissed the charges is removed from the bench. He does not have a clear idea of crime. And I think the federal government should take this case in hand.

[marble falls]

28. This has to be the smartest thing I've read today. Thank-you. If I may - I might have an opportunity

... to quote this, I'll credit it to 'Marthe48'.

[Marthe48]

29. Thank you!

If you'd like to pass it along, I'm glad I had an insight that is helpful.

btw, you are no slouch when it comes to insight

[elleng]

6. Mayhem is 'violent or damaging disorder; chaos.'

[JT45242]

7. 18 US Code Section 2332

the term “domestic terrorism” means activities that—
(A)involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
(B)appear to be intended—
(i)to intimidate or coerce a civilian population;
(ii)to influence the policy of a government by intimidation or coercion; or
(iii)to affect the conduct of a government by mass destruction, assassination, or kidnapping; an


Sure seems to fit required parts A (they planned to kill Whitmer) and both Bii (who is governor) and Biii (which makes this an assassination).

This judge is either a partisan or a moron.

[James48]

18. They aren't being tried for that federal law.

18 USC is a federal charge. They aren’t charged with that.

They are charged in STATE court, under Michigan law, where “domestic terrorism” requires something different. As I read it, if there is such evidence, it still should be Terrorism under state law:

http://www.legislature.mi.gov/(S(1lzw5swbmriupyoppohcxq3k))/mileg.aspx?page=getObject&objectName=mcl-328-1931-LXXXIII-A

[mahatmakanejeeves]

20. Thank you. NT

[LiberalFighter]

9. Judge needs to be impeached and removed.

[Ninga]

10. All is not lost. I actually read the article and am pasting in a paragraph.

“ The three will stand trial on the three remaining charges, Klaeren (the judge) said. Each are charged with gang membership and providing material support for terrorism, both punishable by up to 20 years in prison, as well as felony firearm, punishable by up to two years in prison.”

[niyad]

11. Who appointed this judge?

[Dakota Flint]

12. Probably one of those things

I don't equate membership in the republican party and membership in the human race as being equivalent. Ergo, the use of things as a personal pronoun. Just my personal quirk and take on everything happening lately.

[PoliticAverse]

13. Jennifer Granholm

From https://ballotpedia.org/Michael_Klaeren :

Michael Klaeren is the chief judge for the 12th District Court in Jackson County, Michigan. He was appointed to the court by former Governor Jennifer Granholm on July 19, 2007. Klaeren has served as chief judge since January 1, 2014, and will serve a two-year term in this position until December 2015. On November 4, 2014, Klaeren was re-elected unopposed for another six-year term commencing on January 1, 2015, and expiring on December 31, 2020.

[niyad]

14. Thank you.

[Danascot]

27. Governor Jennifer Granholm was a Democrat

per wikipedia

[MichMan]

32. And now Energy Secretary in the Biden Administration

[RandiFan1290]

33. Scumbag trump supporters are still going to prison

and trump lost

[Hugh Bloody Bastards]

16. Are you certain this judge's name isn't Michael Keaton?

I ask because this ruling is clearly a joke!

[LuckyLib]

17. And if they were Muslim, we'd be looking at a different decision. White male privilege rules!

[msfiddlestix]

19. Are you effin' Kiddling Me????!!!!!

Haven't researched this judge, but it is quite apparent to me he is a Sympathizer AT MINIMUM.

I would love to know if civil rights groups have his number?

[Historic NY]

22. Sounds like a tech stupid judge. Encryption is for what purpose?

Weaponized encryption to conceal criminal activity.

[2Gingersnaps]

23. Sounds about Reich,

and white. Just like January 6 they were hugging and kissing cops. They just wanted to hug and kiss the Governor. No mayhem there.

[Evolve Dammit]

24. Open the door and enable the traitors to try again. Bullshit.

[catbyte]

25. WTF? So kidnapping the governor, conducting a sham show trial then executing her on video

doesn't point to "intent?" Words fail me.

[ShazzieB]

30. Ahh, thanks for this explanation.

Very helpful!

[Turbineguy]

31. They aren't the right religion.

[Deminpenn]

34. Judge clearly doesn't understand the purpose of telegram

and other encrypted apps. They aren't designed for "talking to yourself", but to keep discussions or plans that might be illegal, immoral, dangerous, etc, private between the participants.

[lagomorph777]

36. This is inexcusable. When you hide your conspiracy, it's evidence of awareness of guilt!

[Deminpenn]

37. Exactly

These guys weren't just "thinking to themselves", they were actively plotting and using an encrypted app to do it!

[lagomorph777]

35. So they conspired on encrypted chat, and that makes it OK?

What the actual fuck? That judge needs to be investigated.

[Deminpenn]

38. He was appointed by Granholm, but according

to the dates in Ballotpedia, he graduated from college in 1977. That makes him about 65 or 66. He might not actually understand all the ins and outs of social media and encrypted apps.