GRAND RAPIDS, Mich. — One of two ringleaders in the plot to kidnap Michigan Gov. Gretchen Whitmer in 2020 was sentenced Tuesday in federal court to 16 years in prison and five years supervision.
Adam Fox, 39, appeared in front of U.S. District Court Judge Richard Jonker for sentencing Tuesday, four months after he and codefendant Barry Croft were convicted of conspiracy to kidnap and conspiracy to use a weapon of mass destruction after their first trial ended in a hung jury and the acquittals of two other codefendants. Croft also was convicted of possessing an unregistered destructive device. Croft is scheduled to be sentenced tomorrow at 10 a.m.
Their case is the largest domestic terrorism case in a generation that has shed light on political extremism in Michigan.
Fox declined to speak during the sentencing and had no reaction to the sentence, but he was mouthing things and making faces at someone in the gallery during part of the sentencing.
Prosecutors had asked Jonker for a life sentence for trying to "light the fire of a second revolution." They have portrayed Fox as a dangerous extremist angered by pandemic restrictions and said the sentence could help deter terrorism and militia extremism that has flared in the past few years.
"When the aim of that kidnapping is to terrorize the people and affect the conduct of government, it is so pernicious that only the most serious sanction is sufficient," Assistant U.S. Attorney Nils Kessler wrote. "The sentence imposed by this court should reflect the incredibly dangerous threat posed by Adam Fox and Barry Croft’s attempt to light the fire of a second revolution."
Kessler emphasized in court that Fox was the "driving force" of the plot, and that none of it would have happened without him. He said Fox will probably emerge "more dangerous" after serving his time in prison.
Assistant U.S. Attorney Nils Kessler, right, gives closing arguments on Friday as defendants Barry Croft, from left, Adam Fox and Brandon Caserta look on from inside the federal courthouse in Grand Rapids.
Jonker said he didn't think a life sentence was appropriate, but that the crimes required a "significant sentence."
Fox's attorney, Christopher Gibbons, said Fox was not excited about the sentence but is looking forward to the Court of Appeals hearing. Gibbons said they weren't expecting a life sentence, despite prosecutors' request.
Previously, Gibbons said a life sentence was inappropriate because Fox and Croft never used explosives and there was no actual attempt to kidnap Whitmer. He said prosecutors exaggerated Fox's role in the plot. While they portrayed him as the ringleader of a dangerous plot to kidnap Whitmer, Gibbons said he was an "unemployed vacuum repairman who was venting his frustrations on social media but abiding by the laws of the state of Michigan."
"Adam Fox is not the leader of an multistate 'army' of domestic terrorists. The government’s descriptions of Adam Fox are calculated to frighten the public," Gibbons wrote. "These histrionic descriptions of Adam Fox do not rationally address his actual conduct and they do not accurately reflect either his actual intentions or his actual capabilities."
Fox's mother, sister and aunt filed character reference letters asking Jonker for mercy ahead of Fox's sentencing. They argued that Fox is not a terrorist, but someone who was emotionally and physically abused as a child and became involved in the militia movement amid a divorce, homelessness and while struggling with depression and anxiety.
"He lived a very simple life, finding satisfaction in what he had knowing that everything he had was the fruit of his labor, however one constant remained and that was a desire that he belonged, that he was accepted and wanted," his mother wrote.
His maternal grandmother's death coincided with Fox forging close ties to an area militia, starting to buy weapons and being kicked out of his grandfather's home. His aunt said his father's death, his divorce and losing his home may have contributed to the "poor choices" he made up until his arrest.
He had a hard time during the pandemic, his mother wrote, and started smoking marijuana more when the gyms closed.
Attorney Chris Gibbons talks about his client Adam Fox outside federal court in Grand Rapids.
Both Gibbons and Fox's mother described him as a non-leader, and Gibbons said other plotters criticized him for lacking knowledge about firearms, having poor tactical skills and owning inferior weapons. Jonker agreed with this characterization Tuesday, noting that Fox is "not a natural, charismatic leader."
Defense attorneys have criticized FBI agent misconduct and have claimed agents and informants orchestrated the conspiracy and entrapped Fox, Croft and others. Jonker said Tuesday that law enforcement did not do anything that qualified as entrapment.
Both Fox and Croft's attorneys have requested a third trial, claiming the judge's biases and improper courtroom behavior led to the convictions. Their first trial ended in a mistrial. Their attorneys claimed Jonker's refusal to investigate a report of juror misconduct, biased statements in court and time limits on cross-examination of the prosecutor's witnesses led to an unfair trial for Fox and Croft. Jonker, however, ruled the claims had no merit.
Former U.S. Attorney Andrew Birge said after Tuesday's hearing that though prosecutors had asked for a life sentence, it was ultimately up to the judge to impose what they thought was fair.
"Responding to domestic terrorism plots has been a priority for the Department of Justice since its founding," Birge said. "We're going to continue to spare no expense to make sure we disrupt plots like these and bring those responsible and hold them accountable to the law."
