Federal judge orders new trial for Michigan men accused of plotting to kidnap Gov. Whitmer

The federal judge denied a request to drop the charges for the men accused of planning to kidnap Gov. Whitmer

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A federal judge in Michigan is ordering a new trial for two men who are accused of plotting to kidnap Gov. Gretchen Whitmer.

Chief U.S. District Judge Robert Jonker on Thursday ordered the new trial for Adam Fox and Barry Croft after a jury declared a mistrial on charges against them, according to Fox 17. Daniel Harris and Brandon Caserta, two other men charged with similar crimes, had a jury dismiss their charges because of a lack of evidence presented.

The defense attorneys for Fox and Croft argued in court that the charges against them should be dropped since Harris and Caserta's charges were dismissed.

"Because of the preclusive effect of the acquittals of Mr. Harris and Mr. Caserta as well as the insufficient evidence presented by the government at trial, Mr. Croft requests the Court enter a judgment of acquittal pursuant to Rule 29(c) on each count of the superseding indictment," one document states.

Jonker denied the request during Thursday's hearing and ordered a retrial.

PROSECUTOR WITHDRAWS FROM WHITMER KIDNAP PLOT CASE AFTER JURY ACQUITS TWO DEFENDANTS, DEADLOCKS ON OTHERS

Michigan Gov. Gretchen Whitmer addresses business leaders, Monday, Dec. 20, 2021, in Detroit. 

Michigan Gov. Gretchen Whitmer addresses business leaders, Monday, Dec. 20, 2021, in Detroit.  (AP Photo/Carlos Osorio, File)

The dismissal of Harris and Caserta's charges came on April 8, and prosecutors signaled afterwards that they wanted a second trial for Fox and Croft.

Defense lawyers for the suspects claim that informants and undercover government agents improperly influenced the men in the operation. Prosecutors argue that the plot to kidnap whiter was being planned before the Federal Bureau of Investigations sting began.

MICHIGAN GOV. WHITMER KIDNAPPING PLOT: 2 MEN ACQUITTED, JURY DEADLOCKED ON 2 OTHERS

Michigan Gov. Gretchen Whitmer speaks at a news conference on Friday, March 11, 2022, at the governor's office in Lansing, Mich. 

Michigan Gov. Gretchen Whitmer speaks at a news conference on Friday, March 11, 2022, at the governor's office in Lansing, Mich.  (AP Photo/David Eggert, File)

Prosecutors also claimed that the individuals tested explosives and scouted the summer home that Whitmer goes to.

One of the men charged in the alleged plot was upset over the Whitmer's COVID-19 restrictions and admitted to being involved with the planning. He was sentenced to six years in prison and helped prosecutors build a case.

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Assistant U.S. Attorney Jonathan Roth, a lead prosecutor in the case, withdrew himself in April after Harris and Caserta were acquitted. 

Fox News' Ronn Blitzer contributed to this report.