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My Exclusive Trial Notes from Day 6 in the Whitmer Fednapping Retrial, Part One

Here is part one of my exclusive trial notes, to give you a line by line breakdown without any commentary. You can read and come to your own conclusions:

Defense breaking down cash payments made to "Big Dan" the main informant.
FBI paid him for 17 weeks of "lost wages" for working full time as informant. (He was truck driver for USPS)
He was only paid in cash by FBI. FBI paid Big Dan $7k related to an fednapping event in 8/20.
$10k for fednapping trip to "recon" Whitmer's cottage and meet new FBI undercover agent in 9/20
$6k in cash on 10/20 a week after arrests in case.
AND $23,540 IN CASH IN DECEMBER 2020 for job well done (my words)
All paid by FBI.
Recall that "Big Dan" is playacting that he's an officer in a fake militia created by FBI. He talked to Adam Fox daily, sometimes several times a day.
On several occasions, Big Dan offered credit cards with $5k to Fox and others to buy weapons, ammo, hotel rooms, etc.
Adam was destitute, unemployed (as were others due to pandemic) and trying to please Big Dan.
Big Dan's FBI handlers urged him to keep pushing the cards, provided by another FBI informant the alleged head of Wisconsin fake militia.
Fox and others never took them.
Big Dan's testimony is devastating for government. Not only is he unconvincing that Adam Fox, who lived in cellar of vaccum shop without running water, gave the orders but it's clear Big Dan, taking orders from FBI handlers for Detroit FBI field office, initiated most convos.
At 7/20 mtg in vac shack, Big Dan, with FBI handlers listening, suggested fire rounds into governor mansions in multiple states, firing 3 rounds into Whitmer's cottage that could look like a hunting accident and other "extreme subject matter," defense says.
At 8/20 mtg Big Dan, with handlers listening, suggests blowing up Whitmer's cottage or ambushing her on her way to remote cottage.
Big Dan prompts group to conduct surveillance of cottage, how to blow up bridge with access to Whitmer cottage.
BIg Dan confirms Fox gets high at every event.
Mtg between Big Dan, Jenny, Mark & Red – Higgins came w Steve Robeson they had surveillance equipment with them. Now they have 3 trucks. Adam not present at that mtg.
After decision made to add 3rd truck, Big dan calls adam instructs him to go back to camp to pick up mull bros.
Fox told to pick up Caserta.
Everyone heads to Elk Rapids now.
Big dan gets out of truck at Elk Rapids goes to Mark’s truck and gives him instructions about what to do with Mull brothers. Adam Fox was not giving directions or orders of this “surveillance,” Big Dan did.
Red instructed Adam to bring his phone and take pics of bridge.
They now head to boat launch and its raining.
Higgins, Robeson’s associate had Garbin and Franks in his truck.
They are on Timberlake Trail. They had the wrong address and never found the cottage.
Gibbons: “where did you see this truck?”
Big Dan: From the boat launch everyone had eyes on
Dan claims they saw truck from the boat launch and could see it on the trial.
Big Dan makes phone call to Ty Garbin at boat launch tells him to take his car to across the tavern.
Adam doesn’t make that call. Dan does.
Big Dan has them “abort,” he claims.
They move over to the townsquare.
Ex. 103
A week later pic of adam under bridge in exhibit – task Dan gets from special agent chambers
Big Dan asked Adam to send pics he had taken.
“you would agree in private chat you would have had him post pictures?”
Dan: correct. Not sure if main chat or private
Dan says “not sure which platform it was on, but knows he shared picture.”
End of Sept. – there mtg in Ypsilanti – did happen – idea was guys would go over to get free gear left over from training exercise but they were actually arrested instead.
Bid Dan: they were.
Gibbons: you said money would be in good faith, not anything he was expecting, but you thought a couple hundred would be good
Dan: yes
Gibbons: you would agree that’s not Fox saying a couple hundred, right
Dan: yes.
Gibbons: in the confines of this clip there is no indication he agrees to bring any money
Dan: during that clip yes
Ex: 1035 – Jayson Chambers giving Dan directions
“Save the details for later, true?”
Dan: true.
Ex. 1037
Chambers “motivate guys to come in person”
Gibbons: motivations was not to get a bomb?”
Dan: not true
Gibbons: the motivation was the gear, not the bomb, correct?
Dan: yes.
They were told there would be buffalo wings and beer.
First time Adam ever went to buffalo wild wings with any of the guys
Gibbons: arranged for the guys to go on this trip Adam did not invite these guys to go on this trip did he?
Dan: correct
Gibbons: In Ypsilanti there were no fake explosives shown to the men
Dan: shown? No.
Gibbons: there was no agreement to give Red money?
Dan: there was
Gibbons: non-responsive
“No one tried to give Red money for a bomb in Ypsilanti, correct?
Dan: No.
Gibbons: Did Fox make statements of reluctance to you?
Dan: I believe so.
Gibbons: Frank Butler was someone you were tasked to engage with?
Dan: yes.
Part of this investigation too?
Dan: yes.
He was at some of these mtgs?
Dan: correct
In mid sept there was chatting on phone, msgs w Frank Butler
Did you suggest to him a Draino bomb?
You passed him a recipe to make a bomb, right?
AUSA objects
Judge says its allowed
You gave him recipe for draino bomb
You told him to double it
Frank Butler is in his 70s, in poor health?
AUSA objects.
Gibbons – no further questions.
Joshua Blanchard on Cross now
Met w prosecution to prepare Dan says to prepare for his testimony
Dan: prepare w handling agents and government
“you testified back in march”
Since then have you sent any written or election comms to anyone about this case?
Dan: family members
Texts to Jayson Chambers about this case?
Dan: yes.
Text w Hank Impola about this case?
Dan: yes.
AUSA objects
Did you text about how you did in your testimony in the last trial?
Dan say yes, then says no.
“When you started your testimony yesterday you said you had a combat injury to your knee?”
Dan: true
Injured in combat – had metal installed in knee
Dan was in ATV accident that injured his knee. After he was discharged. After that injury is when he had the titanium installed.
March of 2020 was when he became an informant. Had him record audio.
You had a traumatic brain injury and sometimes have trouble remembering things, correct?
Dan: correct.
Blanchard: you usually make around $50k a year
Dan: yes.
You made $54k in less than a year for the FBI, you made almost as much as you did in your job.
You never asked for anything or wanted anything?
Dan: receipts for reimbursements
Dan planned on going to college – he needed it for college a $4k laptop
You asked for the government to pay for it?
Dan: yes
Dan says he was building a relationship w FBI and they were building one with him.
“It started out as Pete’s group, then Joe Morrison took it over?”
Dan: yes.
“you became a leader at that first mtg, correct?”
Dan: yes.
“there was a vetting process, right?”
Dan: correct.
“Croft was never a Wolverine Watchman, correct?”
Dan: no.
Msg from handling agent – code name “THOR,”
Who is handling agent that sent this text?”
Dan: chambers.
“looks like people are getting nervous with barry”
He sent this, correct?
Dan: yes.
Dan claims what got him nervous was there talks of “reverse red flag operations”
“you never discussed a reverse red flag operation w Mr. Croft and he was never present for these convos”
Dan: correct.
Blanchard: Fox was never a Wolverine Watchman
Dan: correct
QRF – chat in wire
Something cooked up by musico and Morrison in the event someone was targeted by law enforcement. So Croft was never part of that chat
Dan: no.
Blanchard: some people enjoy training with and shooting firearms as a fun activity, something enjoyable.
Dan: yes.
Blanchard: that’s you with a belt-fed weapon.
Dan: yes.
Blanchard: this is a legal gun right, a fun gun?
Dan: it can be, yes.
“there has been some talk about a rally on April 30th at state capitol. Were you present for that?”
Dan: yes
That was a legal protest attended by lots of people
Dan: yes
There were people getting petitions signed, holding signs, people open carrying exercising right to do that
Dan: yes
Blanchard: Croft didn’t go to that, as far as you know he didn’t know about it?
Dan: right.
“nobody added Mr. Croft to June 14 conference call?”
Dan: no
Training on June 14 at Munith – that’s the home of Muscio and Morrison right?
Dan: correct.
Blanchard showing exhibits asking if Dan recognizes it
Dan saying he does.
Pics of The house at Munith
Trailer parked outside house – female and husband lived there, dan not sure if they were relatives
AUSA objects claims Blanchard wants to make the FBI look bad by showing doors kicked in, etc
After you did training June 14 at that location – mr croft didn’t show up.
Dan: right
Another rally at Capitol in June 18 – croft wasn’t there
Dan: I didn’t see him
“You ended up at basement of vac shack after that on the 20th”
Dan: yes.
Mtg where Keller, Garbin and Bellar were present.
Croft not present – not involved in mtg in any way was he?
Dan: no
Gov played phone call you had w croft on the 14th, right?
Dan: yes.
Clip where Croft talks about a governor uses pronoun “he,”
As far as you know Whitmer identifies as a female
Dan: im not sure how she identifies
Croft was referring to a male?
Dan: correct.
Blanchard asks about training w vehicles
Dan first says he was just observing and recording
He is then asked if he was directing and participating in the training
And he agrees he was.
Giving orders and filming
This video shows you and Ty Garbin training
Dan: yes. Practicing for enemy combatants
After Fowlerville you went back to basement of vac shack
Dan: yes
Fox was living there, right
Dan tries to go back and forth about staying there vs living there
Croft didn’t know about this mtg, right?
Dan: correct
You talked about a call you did w Fox yesterday the August 17th call
Croft wasn’t on that call. You had ability to do 3 way calls but no one brought Croft in, as far as you know he knew nothing about it
Dan: yes
There were references to a “day date” w Fox
A “recon” up at Elk Rapids, was Croft in the car, was he invited?
Dan: no
As far as you now Croft was in Delaware and didn’t know it was happening
Dan: on that particular day, no
“you talked about chat w Fox on 9/4, it was a direct chat and croft wasn’t in on that
Dan: no but idk if he could have been sent screen shots of that chat
Blanchard: but you have no knowledge that happened or not
Dan: true
Mr. croft was never invited to the bonfire wire chat – because he wasn’t part of that group, right?
Dan: no
“as far as you know Croft never had Wire or Prema apps on his phone, right?”
Dan: right
“there were times you demonstrated weapons tactics and room clearing, right?”
Dan: right
Chappel, this is a video of you from Cambria of you clearing a room?
Dan: someone asked me to do that
But this is a video of you demonstrating how to clear a room. You are demonstrating here how to breach a door?
Dan: yes
“you demonstrated how to change magazines”
Dan: I had a problem w the firearm there
You don’t have a video of Fox teaching people how to clear rooms or breach doors do you?
Dan: no
You know Fox to be an excitable guy?
Dan: passionate
“Some of the things he says are crazy, right?”
Dan: I guess you could say that
Hotel in Cambria brought up – Croft and his kids stayed there, and Plunk
“she slept in the same room as Croft, right?”
Dan: don’t know what there sleeping arraignments were
“who is this guy dressed like capt’n America?
Dan: Steve Robeson
“Who is this person here?”
Dan” Kaleb Franks masking his face for photo, for opsec
For the photo. So he got into a staged photo he didn’t want to be in?
Dan: he did
“he couldn’t be coughing?
Dan: no
Blanchard asks about a flag the gov has called a “boogaloo” flag, asks if it could be a play on the Delaware flag
Dan: not sure
“you knew Barry croft to smoke marijuana right?”
Dan: at night
“You testified in March, right? March 22nd. Do you have the transcript in front of you?”
Directs Witness to page number
“Line 9, under oath you were asked, you knew Barry to smoke pot everywhere you saw him, and your answer was yes, correct?”
Dan: yes
“There was talk about shooting down helicopters”
“Have you ever seen Barry with RPGs or Artillery?
Dan: no.
“Do you recall Croft saying he didn’t want to wait for elections, Mr. Croft is worked up when he says this right?
Dan: Passionate
“this isn’t the beginning of the conversation, was it. Something was said to him before this, right”
Dan: I don’t recall
Judge asks to go to next question
“you went to this mtg in Peebles, Oh”
Dan: yes
“there had been no plan at this time”
Dan – yes
“you pushed for a plan”
Dan – maintain my position within the group yes
“you challenged the group to go from talk to action didn’t you?”
Dan – no
“did you testify there was a specific plan to kidnap gov as far back as Cambria?
Dan: no
There was no plan at this time, correct?
Dan – there was chatter
There was no plan correct?
Dan- no.
“do you recall yesterday where there was talk about needed a little 7-8 man team of operators?
Dan: yes
“you said we have about 4”
Dan: yes
“so this 4 man crew, adam was part of that crew, mark undercover agent, you and Fix?
Dan: yes
Croft wasn’t there
Dan: we were going to present the plan to barry
“you can't show me an audio recording where he ever presented a plan to Barry?
Dan: no
“we don’t have any pics of Croft up by the gov house, right?
Dan – no
Dan testified they wanted a map to show ingress and egress
“was it your understanding he wanted this for operational purposes?
Dan – yes
“he didn’t keep that map did he?
Dan – no
“you don’t have Barry drawing any maps?”
Dan – no
“Mr. Croft didn’t get to smoke pot on the boat launch did he?”
Dan – no
“you remember the chat yesterday the gov showed, d-day watchman. Croft never saw that did he?
Dan – no
Ex showen w Fox expressing concern Barry could be a fed. He doesn’t trust Barry?
Dan: you could say
Fox says “keep all that shit to ourselves we will just act like we are going to get something”
Dan – correct
Wisconsin training hosted by Robeson where you invited Fox to attend training. It was brought up by you correct?
Dan – I can’t recall
Night event – 3 trucks, one driven by Dan the informant, one driven by Mark undercover FBI agent, one driven by Higgins, Steve Robeson an FBI informants right-hand man.
Fox doesn’t get out of the car
“this is the bridge that was going to be blown up?
Dan – yes
Barry rode in the backseat the truck was driven by an FBI agent and there was another guy working for the FBI right next to him
Dan: correct
“you were involved in giving land nav classes and you needed new equipment?
Dan – yes
Fox is talking about the map, and the terrain”
Dan- yes
That’s something that you would do if you were doing land nav right
Dan – yes
“Croft wasn’t giving any directions on the night ride, he was just a backseat passenger’
Dan – correct

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