DETROIT — The Michigan attorney general's office on Monday began making its case against five individuals accused of materially aiding a plot to kidnap Michigan Gov. Gretchen Whitmer and storm the state Capitol.
In an hourslong preliminary examination hearing, Assistant Attorney General Sunita Doddamani questioned FBI special agent Henrik Impola about an alleged conspiracy that spanned several states and militia groups and pulled in five individuals alleged to have cased the governor's summer home in Antrim County.
Doddamani is asking Grand Traverse District Judge Michael Stepka to bind over the five individuals to stand trial in circuit court on charges of providing material support for terrorism and felony firearm.
Among the five individuals are Shawn Fix of Belleville, Eric Molitor of Cadillac, Brian Higgins of Wisconsin Dells, Michael Null of Plainwell and his twin brother, WIlliam Null of Shelbyville.
The defendants' lawyers objected regularly during the morning part of the preliminary examination. They, in large part, argued against the use of recorded meetings that Impola did not record himself but received third hand or from a confidential informant.
At one point, defense lawyer Thomas Siver said the use of those recordings was "bush league" hearsay and compared Impola to a "puppet monkey" whose testimony amounted to watching a pre-recorded football game with no knowledge of whether any editing of the film had been done.
"He wasn't at the game," Siver said of Impola. "All he's doing is telling you what he watched on Monday morning on TV."
Impola testified that his investigation into the five individuals' actions began with a March 2020 tip to the FBI from a Flint man who was worried about some of the intentions of Wolverine Watchmen, a militia group the Flint man had begun meeting with.
The Flint man, referred to as Dan, became a confidential informant as the FBI began an investigation dubbed "Operation Cold Snap" that tracked activities from a Dublin, Ohio conference of militia groups to recruitment and training within Michigan and alleged plans to kidnap the governor. The alleged plot to kidnap the governor led to the charges against five individuals who are alleged to have cased the governor's summer home in Antrim County.
The preliminary exam is occurring after the Aug. 23 conviction of plot ringleaders Adam Fox of Potterville and Barry Croft of Delaware. They were convicted of federal charges of kidnapping conspiracy and conspiracy to use a weapon of mass destruction. Croft also was convicted of possessing an unregistered destructive device, a 10-year felony. They both face possible life in prison.
Two others, Ty Garbin and Kaleb Franks, pleaded guilty to federal kidnapping conspiracy charges and testified as the government's star witnesses.
In an earlier federal trial, Lake Orion resident Daniel Harris, 24, and Brandon Caserta, 34, of Canton Township were acquitted.
Impola testified that Higgins drove the reconnaissance group near the governor's home and provided some equipment for the operation; Molitor participated in field training and provided equipment, Fix helped provide intel on the governor's resident, and the Nulls participated in training and surveillance.
The plan, first developed in Dublin, Ohio, was to recruit more militia for the "Michigan regiment of the Second Continental Army," formulate an attack plan and carry out the attack, Impola said. Adam Fox, who was convicted in federal court last week of orchestrating the plot to kidnap Whitmer, was at that Dublin, Ohio meeting with William Null, said Impola.
"They talked about how they had success storming the Capitol on April 30, but how they needed to do more," Impola said, referring to an April 30, 2020, protest at the Capitol.
