Judge: Cases against 5 in Whitmer plot can move forward

GRAND RAPIDS, Mich. — Prosecutors provided enough evidence to move toward trial for five Michigan men accused of plotting to kidnap the state’s governor because of her measures to control spread of the coronavirus and they will all remain held without bond, a federal judge ruled Friday.

A two-day preliminary hearing in Grand Rapids this week featured testimony by one of the FBI agents who ran the investigation, relying on confidential informants and undercover agents to thwart the purported scheme to abduct Democratic Gov. Gretchen Whitmer.

U.S. Magistrate Judge Sally Berens said the five men’s cases can go to a grand jury, which will determine whether to issue indictments. That is required for them to face trial.

Berens also ruled following a Friday bond hearing that Ty Garbin will remain in custody along with Adam Fox, who waived his right to a hearing. Berens on Tuesday denied bond for the three other Michigan residents charged in the case: Kaleb Franks, Daniel Harris and Brandon Caserta.

A sixth man, Barry Croft, was separately ordered on Tuesday to be transferred to Michigan from his home state of Delaware.