Whitmer's Actions: Lawful Or Criminal?

Governor Gretchen Whitmer of Michigan has been accused of breaking the law on several occasions. In 2020, Whitmer's executive orders were ruled unconstitutional by the Michigan Supreme Court, which stated that she had no authority to declare a state of emergency without the consent of the State Legislature. Additionally, Whitmer has been criticised for appointing a lawyer with links to liberal dark money groups as a district court judge. In 2023, a trial was held for three men accused of aiding in a plot to kidnap Whitmer, which brought attention to the governor and her handling of the situation.

Gretchen Whitmer's executive orders ruled unconstitutional

On October 2, 2020, the Michigan Supreme Court ruled that Gretchen Whitmer, the 49th governor of Michigan, had acted illegally and unconstitutionally in her use of power during the COVID-19 pandemic. The court ruled that Whitmer had no authority to declare a state of emergency without the consent of the State Legislature beyond the first 28 days.

The ruling stated that under the Emergency Management Act (EMA), the governor could only declare a state of emergency or disaster once and had to terminate that declaration when the Legislature did not authorize an extension. The ruling caused confusion as it reached the Supreme Court in an unconventional manner, with a federal judge asking about the constitutionality of two laws related to Whitmer's emergency powers.

Following the order, Whitmer asked for 28 days to transition and find alternative executive authority to address pandemic-related issues. Her administration reimplemented mask requirements, gathering limits, and other restrictions through the state health department. However, the court rejected Whitmer's extension request, stating that their decision "leaves open many avenues for our Governor and Legislature to work together in a cooperative spirit and constitutional manner to respond to the COVID-19 pandemic."

The court's decision also reversed a lower court's judgment in a lawsuit brought by the Republican-controlled state legislature, declaring that the Emergency Powers of the Governor Act was incompatible with the state's constitution. As a result, Whitmer's executive orders related to the pandemic were rendered null and void.

The implications of the ruling were unclear at the time, and it was uncertain whether all of Whitmer's executive orders were now ineffective. Whitmer argued that her powers would remain in place for at least the next 21 days, referencing the period she could request a rehearing from the Michigan Supreme Court. However, legal experts believed that the decision ended Whitmer's executive orders immediately or as soon as a federal judge implemented the ruling.

The ruling brought an end to Whitmer's total control over the state of Michigan, and the three branches of the state government were expected to work together with proper checks and balances in place. The people of Michigan, through their representatives, would now have a say in how their government is run.

Michigan Supreme Court rules Whitmer's actions illegal

On October 2, 2020, the Michigan Supreme Court ruled against Governor Gretchen Whitmer's executive orders, which had restricted the daily lives of Michiganders for 207 days. The Supreme Court unanimously declared that a 1976 Emergency Management Act was unconstitutional and that a 1945 Emergency Powers of the Governor Act was "an unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution".

The court's ruling stated that any executive orders issued after April 30 "lack any basis under Michigan law" and that Whitmer did not have the authority to exercise emergency powers. This decision was made in the context of Whitmer's declaration of a State of Emergency for COVID-19 in March 2020, which led to the implementation of strict statewide mitigation measures such as a lockdown. The court's ruling meant that Whitmer would have to work with the legislature going forward.

The ruling was met with mixed reactions. Whitmer called the decision "deeply disappointing," expressing disagreement with the court's interpretation of the Michigan Constitution. She noted that the ruling would not take effect immediately and that her emergency declaration and orders would remain in force for at least 21 days. She also asserted that many of the responsive measures she had put in place to control the spread of COVID-19 would continue under alternative sources of authority.

On the other hand, the decision was celebrated by the Michigan Republican Party Chairman Laura Cox, who stated that the court rightly recognized the legislature's role in representing the people of Michigan. House Speaker Lee Chatfield echoed similar sentiments, applauding the ruling as a win for the democratic process and pledging to continue working in partnership with Governor Whitmer.

Whitmer appoints 'dark money fixer' Reid Felsing as judge

Governor Gretchen Whitmer of Michigan has appointed Reid Felsing, a lawyer with ties to liberal dark money groups, as a district court judge in Eaton County. Felsing has held leadership positions in four anonymously funded and left-leaning nonprofit organizations, spending approximately $1 million in their most recent tax years. This appointment has sparked criticism from some who see it as a contradiction of Whitmer's 2018 campaign promise to reduce the influence of dark money in politics.

Felsing's tenure as a judge will begin on January 6, 2025, and last until January 1, 2027. During this time, he will serve in the 56A District Court in Eaton County, Michigan.

Parker Thayer, an investigative researcher at the Capital Research Center, was the first to highlight Felsing's connections to dark money groups. Thayer characterized Whitmer's decision as "mind-boggling hypocrisy," given her previous commitment to the "Michigan Sunshine Plan," which aimed to curb the impact of dark money in elections.

Felsing's involvement in the Michigan Center of Accountability for Republicans, Citizens for a Better Michigan, Michigan Deserves Better Fund, and Residents for Good Governance has raised concerns about the potential influence of dark money in the state's judicial system. These organizations have collectively spent significant sums, with the Michigan Center of Accountability for Republicans alone spending over $590,000 in 2022.

Whitmer has defended her choice, stating that Felsing's experience as a magistrate, professor, and legal practitioner will ensure he upholds the rule of law and serves his community effectively.

This is not the first time Whitmer has faced scrutiny for her appointments. In 2020, her administration attempted to grant COVID-19 contact-tracing contracts to Democratic data firms, leading to accusations of prioritizing political loyalty.

Whitmer's 'hypocrisy' in appointing Democrat fixer

Governor Gretchen Whitmer of Michigan has been accused of hypocrisy by investigative researcher Parker Thayer of the Capital Research Center. Whitmer, a Democrat, recently announced the appointment of Reid Felsing, a lawyer with links to liberal dark money groups, as a district court judge. Felsing has held leadership positions in four anonymously funded left-wing nonprofit organizations, which spent a collective sum of approximately $1 million in their most recent tax years.

Thayer points out that Whitmer's 2018 campaign included a promise to reverse Citizens United, the Supreme Court case that allowed unlimited dark money in elections. By appointing Felsing, who has connections to multiple left-wing dark money groups, Thayer argues that Whitmer is engaging in "mind-boggling hypocrisy."

Felsing serves as the treasurer of the Michigan Center for Accountability for Republicans, which describes itself as an organization fighting against the alleged lies, corruption, conspiracy theories, and racism promoted by the GOP. The organization spent over $590,000 in 2022, with the majority of funds going towards advertisements and research. It also has links to the Lincoln Project, an anti-Trump group.

Additionally, Felsing serves as the president of Citizens for a Better Michigan, an organization linked to Democrat Joe Tate, the Speaker of the Michigan House of Representatives. This group was primarily funded in 2022 by Citizens for Energizing Michigan's Economy, a dark money group that provides funds to high-powered Democrats in the state. Citizens for a Better Michigan spent approximately $293,000 in 2022, including about $8,000 on travel and entertainment expenses for public officials.

Felsing also holds leadership positions in two other organizations: Michigan Deserves Better Fund, where he is the treasurer, and Residents for Good Governance, where he is the president. These two groups collectively disclosed over $170,000 in spending in their latest tax forms. Michigan Deserves Better has been active in messaging campaigns to influence local elections.

Thayer further accuses Whitmer of having "a history of using her office to reward Democrat campaign operatives." He cites an example from 2020 when Whitmer's office attempted to award lucrative COVID contact-tracing contracts to two Democratic data firms.

Despite the accusations of hypocrisy, Whitmer defended her appointment, stating that Felsing's "years of experience as a magistrate, professor, and legal practitioner" will enable him to "uphold the rule of law and serve his community with distinction." However, the Michigan governor's office did not respond to requests for comment on the matter.

2020 plot to kidnap Whitmer

On October 8, 2020, the FBI announced the arrests of 13 men suspected of plotting to kidnap Michigan Governor Gretchen Whitmer. A fourteenth suspect was arrested and charged a week later. The suspects were tied to a paramilitary militia group called the Wolverine Watchmen.

The plot to kidnap Whitmer developed from June to September 2020. The suspected participants were tied to the Wolverine Watchmen, a group co-founded by Pete Musico and Joseph Morrison, the latter of whom is considered the group's "commander." The Wolverine Watchmen recruited members on Facebook from November 2019 until June 2020, when Facebook purged all boogaloo-related material.

Adam Fox and Barry Croft were accused of being the ringleaders of the plot. Fox, a former member of another militia group called the Michigan Home Guard, was kicked out due to "rage issues" and threatening other members on social media. Fox was living in the basement of his former employer, a vacuum repair shop in Grand Rapids, and used the basement to hold meetings discussing the plot. Fox posted a YouTube video in June, mentioning Whitmer's handling of the pandemic as one of his motives for the plot. Fox was recorded by the FBI saying, "Snatch and grab, man. Grab the f*ing governor. Just grab the b*h."

The plot included plans to kidnap Whitmer from her vacation home and blow up a bridge to delay law enforcement. The FBI broke up the operation with arrests in October 2020.

In total, 14 people were arrested and charged in 2020. Nine have since been convicted, while five were acquitted. The defense attorneys have argued that this is a case of entrapment, claiming that the entire plot was fabricated by federal agents. However, prosecutors argued that the men provided some form of material support for the plot.

The trial for the last three defendants, Eric Molitor and twin brothers William and Michael Null, took place in August 2023, and all three men were acquitted.

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