Whitmer's Actions: Lawful Or Criminal?

Gretchen Whitmer, the governor of Michigan, was accused of breaking the law in 2020 when she issued a series of executive orders to shut down the state in response to the COVID-19 pandemic. The Michigan Supreme Court ruled that Whitmer did not have the authority under the Emergency Management Act of 1976 to declare a state of emergency or state of disaster based on the pandemic after April 30, 2020. The court also found that the Emergency Powers of the Governor Act of 1945 was an unlawful delegation of power and therefore could not provide a basis for her executive orders. However, Whitmer's actions were supported by some and protested by others, with armed protesters entering the Michigan State Capitol on April 30, 2020.

Gretchen Whitmer's COVID-19 lockdown orders

In March 2020, Gretchen Whitmer, the governor of Michigan, issued a stay-at-home order in response to the COVID-19 pandemic. This order was extended several times before being lifted on June 1, 2020, when the state moved to "phase four" of her reopening plan.

Whitmer's COVID-19 lockdown orders included the temporary halting of in-person instruction at high schools and colleges, dine-in service at restaurants and bars, and high school athletics, as well as the closure of some businesses, including movie theatres, bowling alleys, and casinos.

The lockdown orders also included capacity limits for restaurants, as well as rules regarding the size of domestic gatherings. Mask mandates were also put in place across the state.

Whitmer's COVID-19 lockdown orders were among the strictest in the country and sparked protests from right-wing groups, including the Michigan Conservative Coalition and Michigan Freedom Fund, who organised an eight-hour protest at the Michigan State Capitol. Despite this opposition, polling in March and April 2020 found that the majority of Michiganders approved of Whitmer's actions to combat the pandemic.

Whitmer defended her lockdown orders, stating that they were driven by epidemiologists and public health experts, who advised that being inside with people from different households for prolonged periods without masks was inherently dangerous given the community spread of COVID-19 in Michigan and across the Midwest. She also blamed President Donald Trump for her strict lockdown orders, arguing that the lack of national strategy to combat COVID-19 left states to impose their own restrictions.

In June 2021, Whitmer lifted all COVID-19 restrictions, citing a reduction in cases and the availability of safe and effective vaccines.

The Michigan Supreme Court's ruling on Whitmer's executive powers

In October 2020, the Michigan Supreme Court ruled that the 1945 Emergency Powers of Governor Act was unconstitutional, as it allowed the governor to "declare emergencies and keep them in place without legislative input". The court also unanimously ruled that the 1976 Emergency Management Act did not give Governor Gretchen Whitmer "the power to issue or renew any executive orders related to the COVID-19 pandemic after 28 days without Legislative approval".

The court's ruling was in response to Whitmer's use of the 1945 law to issue COVID-19-related orders in the early months of the pandemic, from March to September 2020. These orders included a stay-at-home order, which was extended several times, and capacity limits for businesses. Whitmer's use of the law was criticised by Republicans, and the legislature passed a bill to repeal it, which Whitmer vetoed in December 2020.

Despite the court's ruling, Whitmer continued to issue COVID-19 restrictions, citing a reduction in cases and the availability of vaccines. She eventually lifted all restrictions in June 2021.

The kidnapping plot against Whitmer

On October 8, 2020, the Federal Bureau of Investigation (FBI) announced the arrests of 13 men suspected of orchestrating a domestic terror plot to kidnap Gretchen Whitmer, the Governor of Michigan, and otherwise using violence to overthrow the state government. Half of the suspects were tied to a paramilitary militia group that called themselves the Wolverine Watchmen.

The plot to kidnap Whitmer, the main target, had been developed from June through September. Within the week preceding the Wolverine Watchmen arrests, there were at least three other state and federal arrest operations linked to the boogaloo movement, to which the Wolverine Watchmen group's ideology closely aligned.

Adam Fox and Barry Croft Jr. were considered the ringleaders of the plot. Fox posted a YouTube video in June, mentioning Whitmer's handling of the pandemic as one of his motives for the plot. According to his employer, Fox espoused anti-police and anti-government views, along with support for the boogaloo movement, and had recently become worried about the U.S. becoming a communist country and Democratic politicians taking away his guns.

While under surveillance, Fox was recorded by the FBI as saying, "Snatch and grab, man. Grab the fuckin' governor. Just grab the bitch. Because at that point, we do that... it's over." Fox was convicted in federal court for kidnapping conspiracy and conspiracy to use a weapon of mass destruction. He faced a maximum sentence of life in prison and was sentenced to 16 years.

In total, six of the suspects were charged in federal court, while the other seven were charged with state crimes. A week later, a fourteenth suspect was arrested and charged in state court.

Two men pleaded guilty and offered to testify on behalf of the prosecution as part of a favorable plea deal, while two men were acquitted at trial. Two other men, who had received a hung jury at the first trial, were later found guilty of kidnapping conspiracy and conspiracy to possess weapons of mass destruction. One of those men was also convicted of another explosives charge.

Three other men were later convicted of felony counts of gang membership, providing material support to terrorism, and illegal weapons possession in the first state trial stemming from the case. Two more defendants pleaded guilty at a later trial to providing or attempting to provide material support, whereas three others were acquitted.

Whitmer's response to the kidnapping plot

On October 8, 2020, the FBI announced the arrests of 13 men suspected of plotting to kidnap Gretchen Whitmer, the Governor of Michigan. A fourteenth suspect was arrested and charged a week later.

In response to the kidnapping plot, Whitmer thanked the law enforcement agencies involved in the investigation during a livestream. She called the plotters "sick and depraved men" and blamed then-President Trump for refusing to condemn far-right groups and for his handling of the COVID-19 pandemic. She urged that the suspects be called domestic terrorists and not members of any militia organization.

In an interview with Face the Nation, Whitmer said security threats against her still existed and that extremists like the Wolverine Watchmen were "finding comfort and support in the rhetoric coming out of Republican leadership from the White House to our state House." Whitmer also wrote about the plot in an opinion piece in The Atlantic, where she continued to blame Trump's rhetoric for causing divisiveness in the country.

The trial and conviction of the kidnapping plot perpetrators

On October 8, 2020, the FBI announced the arrests of 13 men suspected of plotting to kidnap Michigan Governor Gretchen Whitmer. Six of the suspects were charged in federal court, while the other seven were charged with state crimes. A fourteenth suspect was arrested and charged in state court a week later.

The trial of the remaining four defendants began on March 8, 2022, in the United States District Court. On April 8, 2022, after five days of deliberation, Brandon Caserta was acquitted of the only charge he faced, and Daniel Harris was found not guilty on all charges. Adam Fox and Barry Croft Jr. received a hung jury. The judge declared a mistrial and ordered Fox and Croft to remain in jail until their retrial.

On August 10, 2022, the retrial of Fox and Croft began. On August 23, 2022, they were found guilty of kidnapping conspiracy and conspiracy to possess weapons of mass destruction. Croft was also convicted of another explosives charge.

On December 27, 2022, Fox was sentenced to serve sixteen years in federal prison followed by five years of supervision. On December 28, 2022, Croft was sentenced to serve more than nineteen years and seven months in federal prison.

In addition to the federal charges, Michigan Attorney General Dana Nessel charged seven other men with state crimes, including providing material support for terrorist acts, firearm crimes, and gang membership. Two of the defendants were each set a bond of $10 million, with preliminary examinations scheduled for October 21.

On October 6, 2022, Kaleb Franks was sentenced to four years in prison. On October 20, 2022, Paul Bellar, Joseph Morrison, and Pete Musico were convicted of materially aiding a terrorist and being members of a gang as part of the plot to kidnap Whitmer. On December 15, 2022, Bellar was sentenced to 20 years in prison with a minimum of seven to serve; Morrison to 20 years with a minimum of 10 to serve; and Musico to 20 years with a minimum of 12 to serve.

On March 15, 2023, Brian Higgins pleaded guilty to attempting to provide material support for an act of terrorism and agreed to cooperate with prosecutors against the other four defendants at trial, set for August 2023. On June 7, 2023, Shawn Fix also pled guilty. On December 7, 2023, Higgins was sentenced to three years of probation, and Fix was sentenced to 36-240 months' incarceration with credit for 34 days served.

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