Whitmer Plot Convictions Overturned
Michigan Appeals Court Reverses Whitmer Plot Terrorism Convictions Over Kidnapping Statute Interpretation
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Key Points
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Jackson County jurors were improperly instructed that kidnapping is a violent felony, a flaw the court said invalidates the basis for a terrorism-related conviction against Musico and Bellar.
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The rulings vacated Musico and Bellar’s convictions and remanded the cases back to Jackson County for further proceedings.
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The defendants were part of the Wolverine Watchmen, a Michigan-based paramilitary group connected to Adam Fox, who has a federal conviction for conspiracy.
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The panel noting the Morrison precedent stated it is bound to apply Morrison’s reasoning, recognizing that kidnapping is not a violent felony for purposes of the terrorism statute.
A Michigan appeals court has thrown out terrorism-related convictions against two men tied to the 2020 plot to kidnap Governor Gretchen Whitmer. The three-judge panel ruled that kidnapping is not a violent felony under Michigan law, wiping out the legal basis for the charges against Pete Musico and Paul Bellar, according to Idaho Statesman.
The ruling follows an earlier precedent set in the Morrison case, which reached the same conclusion. Attorney General Dana Nessel says the court misapplied that precedent and plans to appeal, per The Wichita Eagle.
Why the Terrorism Charges Fell Apart in Court
To convict someone of providing material support for terrorism in Michigan, prosecutors must show the underlying crime is a violent felony. The court found kidnapping does not meet that definition. Because jurors in Jackson County were told kidnapping is a violent felony, the court ruled those instructions were wrong. That single flaw was enough to void both convictions, according to Belleville News-Democrat.
The panel said it was bound by the earlier Morrison ruling, which reached the same conclusion. Morrison's conviction was overturned first. The Musico and Bellar reversals follow directly from that decision. Both cases were sent back to Jackson County for further proceedings.
Who Are Musico and Bellar — and What Did They Do?
Musico and Bellar were members of the Wolverine Watchmen, a Michigan-based paramilitary group. They were not accused of directly planning to kidnap Whitmer. Instead, they were charged with providing support to those who did, according to Ledger-Enquirer.
The larger plot centered on Adam Fox, who has a federal conviction for conspiracy to kidnap Whitmer. The broader investigation swept up 14 men in total. Several were acquitted at trial, and outcomes across the cases have been mixed from the start.
Nessel Pushes Back, Vows to Keep Fighting
Attorney General Dana Nessel disagrees with how the court applied the Morrison precedent. She argues the ruling was misapplied and does not reflect the intent of Michigan's terrorism statute. Nessel has signaled she will appeal further, according to Idaho Statesman.
The case has reignited debate over how Michigan defines terrorism and how juries are instructed in politically charged cases. Critics of the prosecutions say the statute was stretched too far. Supporters say the law was designed for exactly this kind of organized threat against a public official.
A Long Legal Battle With No Clear Ending
The Whitmer kidnapping plot first made headlines in October 2020, when the FBI announced arrests across multiple states. The case produced a wave of state and federal prosecutions. At the federal level, Fox and one other man were convicted. At the state level, results have been far less consistent, according to The Wichita Eagle.
With Musico and Bellar's convictions now vacated, the state must decide its next step. An appeal to the Michigan Supreme Court is possible. Until then, the legal question of what counts as a violent felony under the terrorism statute remains unsettled — and consequential.
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