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

Here is part two of my exclusive trial notes, to give you a line by line breakdown without any commentary so you can come to your own conclusions!:

“the government played a clip yesterday and its literally 2 mins taken in the middle of a sentence, we don’t get to hear what is said before or after
Fox talks about running secret service convoys off the road
Did he ever run an SS convoy off the road?
Dan – no
“you got to spent time alone w red, you knew he was a UCE at that point. He asked you if you if the defendants knew why they were there.”
Judge orders a break
Text from FBI handling agent Impola before Luthor FTX tasking informant big dan “we want to hear the explosion”
FBI wanted Adam Fox to blow up governors boat so they could hear it?
Moving to the Oct mtg- the ruse trip – Mr. Croft wasn’t invited on that trip
Dan says yes
“the guys you thought were going to kidnap and kill the governor, you thought would also respect a corporate policy about no guns?”
Dan – I wanted to de-escalate
Text from UCE Red to Dan: the lost and found has 3 belts, and a full one
“go or no go?
“cevlar style helmet and few bangs for Adam”
You know at this point Red is an UCE.
The lost and found is from the FBI?
He was a trainer for a company
“But that didn’t actually exist? That was his cover so this was all made up”
There was a lie about free gear to get folks to go there?
Dan – yes we wanted as many people there for the arrest
“they had snipers up on the roof, they shut flash bangs and rolled up in an MRAP”
Dan – yes
Before FBI rolls up to arrest these guys – Dan was trying to get the guys to hold something that looked like a gun
Dan claims it wouldn’t be a threat to FBI because it couldn’t actually shoot
“but you wanted them holding a lower receiver” as this was happening Croft was in Delaware
Dan: yes.
Direct by Kessler
“get him talking about the theoretical insurgency” text to Dan from FBI handler
“much has been made about a text saying look at you bringing people together” that was about a couple that had a fight, not croft and fox right?
Dan – yes.
Judge admonishes Prosecutor
You were asked about $17k in cash you received from the FBI, was that about relocation expenses?”
Dan: yes
Prosecutor Kessler keeps getting admonished for leading questions from the Judge
“did Fox ever say he was reluctant to kidnap governor?”
Dan: no
Blanchard re-direct:
Kessler just asked you about getting nervous w Croft
You said yes because Barry wanted to get into silver
Dan – for the collapse
“he wanted to start minting coins, that was his interest”
AUSA objects
Judge says you opened the door
“He wanted to set up a constitutional school”
Judge: move on to another topic because that was not opened on re-direct
Blanchard done.
Gov Calls Scott Robertson – he provides record searches for ATF
He works in West VA. He does records search and court certifications.
“what sort of items have to be registered in federal database, what weapons?
Scott: rifles, machine guns, silencers, destructive devices, things of that nature
“How would a bomb be registered”
Scott: form 1, applicant would submit form, then get approval and pay fees.
“What info would they need to provide on form”
Scott: that’s just part of the regulation
“Would that include things like serial numbers of firearms”
Scott: yes
Scott talks about database/list in the cloud – central repository that can be searched by name, DOB, SS #
“did he ask you to run a search to see if Barry Croft had ever filled out a Form 1 and filled out and paid fees”
Scott: yes.
“did Barry ever submit a form one?”
Scott: not that I saw.
Blanchard on Cross
“you never inspected anything in this case, just looking for records?”
Scott: yes
“we don’t have to register every device, like fireworks right?:
Scott – that would be a different thing
Gov, calls next witness: Matthew Keepers
33 yrs old, lives in Michigan. Works for Verizon as sales consultant.
“do you know a person Adam Fox?”
Matt: yes.
“Can you point him out?”
Matt: he is the person sitting there.
How did you meet Fox?
A: through Michigan home guard
Did you stay in Michigan HG?
A: No.
Did Fox stay in the group?
A: he was removed same time as I was.
Prosecutor playing hard to hear audio recording
“Mr. Keepers do you have any background/experience making explosives?”
A: yes, purely civilian.
“was it common knowledge you had some experience on that?”
A: yes we were in a group chat with discussions talking about discussions.
“did you use code words?”
A: yes cupcakes and baker for bomb and bomb maker
“did Fox reach out to you?”
A: yes Fox started a new group and asked me to join but I backed out because I couldn’t due to time constraints.
AUSA moves to submit exhibit
“Fox states we are a militia group but no disciplinary stuff, we will work out any issues and when the time comes we will fight together” was Fox continuing to talk about group he is assembling.
“was there a time the MHG was using opsec or encrypted msg”
A: not really mostly on FB.
“Did Fox tell you we are going to have some fun and do some dangerous cowboy shit”
A: yes.
“I promise you this won’t be a social group; we don’t back the blue or federal agencies or political parties”
A: yes.
Gibbons on Cross
“how often were the group mtg up?”
A: used to be about weekly when I moved once a month
“you communicated w fox on FB”
A: yes.
“You agreed you would be XL on his new group”
A: yes at one point
“then you resigned that position because you didn’t have time?”
A: yes.
“About 2 or 3 months go by then he calls you around August, then he asks if you have explosives that could be made available to him?”
A: yes and I said no way.
“you have never been to the vac shack, you never agreed to meet w him in June or July?”
A: never agreed to meet w Fox
“on FB, you were a member of his Michigan three percenters page, but you weren’t in the militia per se, you just kind of knew him”
A: correct
“so just because you were on the page doesn’t make you a member of a group?”
A: correct.
“did you develop a relationship w someone named Elise Marie do you remember that?”
A: no.
Blanchard on Cross
“the militia you were thinking about joining but didn’t was the Michigan three percenters, right?
A: yes
“you never communicated with Barry Croft?”
A: no. not on any platform, not even by smoke signals or carrier pigeons.
Next witness Ty Garbin – the first to take a plea deal.
Garbin is 26 was an aircraft mechanic in Detroit Michigan.
“you plead guilty to conspiracy to kidnap governor”
A: yes.
“who did you conspire with?”
A: names co-defendants
“you agreed to cooperate in exchange for a reduced sentence. You already got a reduced sentence are you hoping for more?”
A: yes.
Garbin talks about joining the WW FB page and the vetting process.
Garbin is essentially being told to confirm the government’s narrative about the case.
END of TODAY.

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