Top Prosecutor Drops Out of Whitmer Kidnapping Case

We recently discussed the collapse of the Whitmer kidnapping case after a jury acquitted defendants in Michigan. Now, one of the lead prosecutors is leaving the case, according to a motion filed by Assistant U.S. Attorney Jonathan Roth. That adds questions about how the case will move forward after the earlier loss.

Shortly before the 2020 election, Gov. Whitmer stood before cameras describing her narrow escape from being kidnapped and murdered by “domestic terrorists.” Despite the fact that the Justice Department in the Trump Administration made these arrests, Whitmer blamed former president Donald Trump. President Biden agreed that Trump was fostering a “civil war.”

The media went into a frenzy, declaring that the case proved that “Trump’s rhetoric and policies have unleashed a second pandemic in the form of far-right domestic terrorism.”

The problem is that the case — and the narrative — quickly fell apart after the election. A Michigan jury recently acquitted Daniel Harris and Brandon Caserta and hanged on the verdicts against Adam Fox and Barry Croft Jr. Fox is portrayed as a ringleader of the group and leader of the conspiracy.

While Fox and Croft can be retried, the acquittal raises an additional challenge. Harris and Caserta may feel fewer inhibitions in testifying. With the exception of perjury, they can safely take the stand to discuss their actions — and more importantly, the actions of the government.

The Michigan case stands as one of the most chilling examples of entrapment techniques used by the FBI. While Whitmer declared Trump “complicit” in her planned execution, the FBI increasingly appeared more “complicit” in the creation of a government-inspired, government-funded, and largely government-staffed plot.

The problem was that these guys seemed at points more interested in partying than conspiring. The FBI, therefore, decided to take control and get them serious about some major crimes. An informant known as “Big Dan” was paid over $50,000 to get the conspiracy going, including paying for the defendants to travel to Wisconsin to “train.”

Special Agent Jayson Chambers pushed Big Dan to get the men to take violent acts against Whitmer. The defendants reportedly resisted those entreaties. Dan pushed the alleged leader to fire a round into the window of Whitmer’s home and mail the casing to the news media. On Sept. 5, 2020, Chambers texted to remind Dan “Mission is to kill the governor specifically.

The Whitmer conspiracy was a production written, funded, and largely populated by FBI agents and informants. At every point, FBI literally drove the conspirators and controlled their actions. In the end, a majority of the “conspirators” were actually FBI agents or informants.

As discussed earlier, various key FBI agents and informants were removed from the case due to their own legal problems.

Now, Roth is pulling out. That will create a vacuum in the second trial. Retrials often allow prosecutors to better prepare for defense arguments.  Yet, it has lost one of the prosecutor most experienced in the case.

Politically, it would be highly damaging for both Biden and Whitmer to have the case dropped. The question is whether the reduction of the defendants and the change in the prosecution team will change the prospect for convictions. It could work for the defense if the two acquitted parties are more active in the case. Conversely, focusing on the alleged leader could strengthen the optics for the jury by eliminating marginal figures.

There could also be a more generous plea deal offered to the defense to avoid the threat of acquittal. It is notable to see a lead prosecutor bow out in such a high-profile case. Whether this indicates other significant changes in the case will likely become clear in the coming days.

93 thoughts on “Top Prosecutor Drops Out of Whitmer Kidnapping Case”

  1. We’re in the middle of a nation wide violent crime wave and the FBI is creating plots where none exists so they can “solve” those crimes and garner headlines and more taxpayers’ money which they will use to create even more “crime” to “solve.” This is the ultimate self-licking lollipop.

  2. Each update or re-telling of this Michigan FBI fraud should also include the fact that right after this case received the crucial pre-election headlines the Michigan Bureau chief was promoted to the DC office where he very well might have prepetrated a similar “domestic Terrorists” fraud on January 6th. The FBI has a long history of similar entrapments.

  3. “That adds questions about how the case will move forward after the earlier loss.”

    They do not care about the trial or about whether the case was just or unjust. The defendants were merely fodder. The fabricated case served its purpose: To smear the Right/Trump, and to help elect Biden. (That Whitmer got to play the “victim” is merely a bonus.)

    For them, the ends justifies the means.

  4. In the future, if the risk is only “suppression of evidence and failed prosecutions” then that creates an incentive for future abuses. In the future, there should risk of criminal charges for any official that largely “manufacturers” a threat like this. These agents committed outright fraud with virtually no risk of criminal penalty and more importantly were disloyal to their Oath of Office loyalty oath. This creates a strong incentive for future fraud by disloyal officials.

  5. I am not familiar with Michigan law but I believe there might more potential criminal liability than perjury for the two acquitted defendants, Daniel Harris and Brandon Caserta, should they testify in the retrial of Adam Fox and Barry Croft Jr. Under the “different sovereign” doctrine, the State Michigan might be able to bring “different” charges against Harris and Caserta. I am certain their very competent attorneys would be well aware of that and advise them accordingly.

    1. Michigan is not going to touch this with a 10 foot pole after he Feds have botched it.

      Further as rule (a bad one) the Feds can prosecute if a state has failed. But most states interpret double jeophardy to preclude state prosecution after Federal aquittal.

  6. Until the DOJ starts jailing the Democrat criminals across our government the country is going to get WORSE!

    The Russian Hoax was the biggest crime in history….second biggest is Biden as VP Son selling our government for CASH from Foreigners. Biden opening the doors for him. That is TREASON!

    1. In the Michigan case 12 of the 16 identified participants claimed some sort of affiliation with the FBi.

      I’d think a bit of state action is in order for no other purpose than establishing the nature of that affiliation ~

      They might call in the crowd in Delaware who got involved, and maybe even the two Delaware Senators…..

  7. The multi-trillion dollar question that would really benefit the nation longterm is “How do we minimize ‘mission-creep?’” The vast majority of federal employees are good people but working in a really bad “system” with the wrong incentives. It could be done without defunding any agency.

    For example: if a federal agency has 1000 investigators designed for it’s original mission which was appropriate at that time. Years later maybe the agency is so successful that the original mission has largely shrunk. So now we have 1000 investigators but not enough “supply & demand” of the original mission. Agencies rarely if ever shrink to correct this disproportion.

    When this happens it usually devolves into “mission-creep” so if the original mission was suicidal terrorists committing mass murder, those 1000 investigators now need new so-called “terrorists” to investigate. Now these 1000 investigators might be investigating (and disrupting) non-violent so-called “terrorists” that never harmed another person. Congress will penalize the agencies if the original mission shrinks.

    In Virginia and other states, federally funded 9/11 “Fusion Centers” designed to stop Al Queda have been used on African-American college students, non-violent trespassers, LGBT Americans and likely January 6 trespassers – a long stretch from suicidal terrorists committing mass murder. These other “missions” can defame and blacklist innocent Americans for life (life sentence of abuses).

    This broken system is a “lose-lose” for everyone involved, including the agency employees following orders from above. One possible starting point is consider the system laid out in “Deming Management At Work” by Mary Walton.

    Deming was the American that taught Toyota and Japanese manufacturers how to make quality products. Deming first attempted to teach Detroit auto executives how to improve but was rejected by American auto executives.

    Deming was a former federal employee himself and actually has systems, already designed, to minimize mission-creep for government agencies. Maybe it could work.

    What everyone does know for sure is that the current “mission creep” system doesn’t serve anyone and actually destroys many innocent Americans in the process! If we can solve this we can save trillions of future tax dollars and be safer from physical threats. 9/11 likely wouldn’t have happened under such a system since the FBI was already investigating the real terrorists.

    1. The vast majority of government employees are utter sh&t people.

      Fixed it for ya.

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