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Kidnapping Is Not A 'Violent Felony': Appeals Court Voids Two More Whitmer Plot Convictions
A Michigan Court of Appeals panel on July 20 vacated the convictions of Pete Musico and Paul Bellar, two men a jury found guilty in 2022 of providing material support for an act of terrorism over their connection to the alleged 2020 plot to kidnap Governor Gretchen Whitmer.
Michigan Gov. Gretchen Whitmer speaks at an event in National Harbor, Md., on May 4, 2023. Kevin Dietsch/Getty ImagesThe reason? Michigan's Anti-Terrorism Act defines an act of terrorism as conduct that would constitute a violent felony under state law. Kidnapping, the judges held, is not a violent felony as that term is defined. So kidnapping cannot serve as the predicate act for a material-support conviction - no matter what the defendants did or intended.
The panel did not reach that conclusion on its own. It was bound by a June decision in the case of co-defendant Joseph Morrison, decided by a different panel, which held that kidnapping "cannot properly form the basis for defendant's conviction." Monday's per curiam opinion said the court was bound by that interpretation and that the jury in this case was tainted by the same erroneous instructions. Because the trial judge had told jurors to treat kidnapping as a violent felony, and because they heard extensive testimony about the plot, the appellate judges concluded the verdict may have rested on an invalid basis.
Both men had also been convicted of committing a felony motivated by gang membership and of possessing a firearm during a felony. Because kidnapping was the underlying felony in each, those convictions were vacated too - even though, the panel noted, jurors could reasonably have found that the Wolverine Watchmen, the group the men belonged to, functioned as a gang and appeared involved in illegal activity.
The sentences erased were substantial. Michigan Advance and the Free Press report Musico had drawn 12 to 20 years, the harshest of the three; Bellar seven to 20; Morrison 10 to 20, later corrected downward. Prosecutors had cast the trio - Morrison, his father-in-law Musico, and their acquaintance Bellar - as early members and founders of the Wolverine Watchmen, the militia that trained alongside the plot's alleged ringleaders.
The cases now return to Jackson County Circuit Court. Because the reversal rests on instructional error rather than insufficiency of the evidence, the panel left the door open for further proceedings, and Attorney General Dana Nessel says she is walking through it.
"A previous ruling used linguistic gymnastics to overturn the conviction of an extremist," Nessel said. "Now, that broken precedent has legally bound this Court of Appeals panel to reverse the convictions of two more dangerous criminals." She said her office had already begun appealing the Morrison decision and would do the same here, adding that it "will not downplay domestic terrorism." Lawyers for the three men could not be reached, The Epoch Times reported.
The Big PictureMonday's ruling lands on a prosecution whose record was mixed long before this. Fourteen people were charged across state and federal courts. Five were acquitted outright. With three convictions now vacated, six stand.
The federal case fared better for prosecutors, but only on the second attempt. In April 2022, a Grand Rapids jury acquitted Daniel Harris and Brandon Caserta of conspiracy and deadlocked on Adam Fox and Barry Croft Jr., forcing a mistrial. Retried that August, Fox and Croft were convicted of conspiring to kidnap the governor and to use weapons of mass destruction, with Croft additionally convicted of possessing an unregistered explosive device wrapped in pennies for shrapnel, according to the Justice Department. Two others, Ty Garbin and Kaleb Franks, pleaded guilty and testified for the government.
Entrapment was the defense's central theme throughout, and it worked at least twice. Attorneys portrayed their clients as loudmouthed weekend hobbyists talked into a conspiracy by federal handlers. BuzzFeed News reported that informants working under FBI direction were involved in nearly every phase of the alleged plot including its inception, raising the obvious question of whether a conspiracy would have existed without them. Prosecutors countered that the men had discussed abducting Whitmer before the sting began, scouted her vacation home, and tested explosives. The Sixth Circuit sided with the government in 2025, calling the entrapment evidence "weak" and upholding both convictions.
None of that history has anything to do with Monday's outcome; Musico and Bellar did not win on entrapment, on the facts, or on the sufficiency of the evidence against them. They won because Michigan's legislature wrote a terrorism statute that, as two appellate panels now read it, does not reach the crime they were accused of supporting. Whether the Michigan Supreme Court agrees is the next question.
Tyler Durden Tue, 07/21/2026 - 10:206 popular sugar substitutes linked to faster brain aging: study
Most Adults Can Safely Drink Up To 5 Cups Of Coffee A Day: American Heart Association
Authored by Zachary Stieber via The Epoch Times,
Most adults can safely drink five cups of coffee a day, according to the American Heart Association.
The organization said in a July 20 statement that synthesizes research on caffeine that the latest studies indicate that for most adults, consuming up to 400 milligrams of caffeine a day - or up to five 8-ounce cups of coffee - without added sugar and milk is not only safe, but appears to result in a lower risk of cardiovascular disease.
A cup of coffee in Culver City, Calif., in a file photograph. Kevork Djansezian/Getty ImagesHigher levels of caffeine, such as those found in energy drinks, may harm the heart and blood vessels, the association said.
Most of the studies underpinning the guidance come from observational research, although there are a growing number of randomized, controlled trials that examined the relationship between caffeine and various health problems, including a trial that found no impact on glucose levels.
The data suggest that moderate consumption of caffeine lowers the risk of cardiovascular disease and stroke, among other problems, but that coffee consumption does increase premature ventricular contractions, or extra heartbeats, the group said. It indicates high doses of caffeine can lead to significant increases in blood pressure, particularly in people who already had high blood pressure. And it shows that consuming unfiltered coffee, which contains the lipid cafestol, raised serum cholesterol.
"Brewing method influences lipids," Dr. Abdulla Damluji, an interventional cardiologist at the Cleveland Clinic who was not involved with the new guidance, wrote on X. "Advise patients concerned about low density lipoprotein cholesterol to prefer paper filtered or instant coffee over French press, Greek or Turkish, or boiled coffee, because cafestol in unfiltered coffee raises cholesterol."
Scientists behind the statement said there is a need for more data and noted that reactions to caffeine can vary among people.
"The data suggests that up to about three to five cups may have benefit and almost certainly is not harmful, but that doesn't mean that consuming three to five drinks is better than having one drink per day," Dr. Gregory Marcus, chair of the volunteer group that wrote the guidance, said in a video statement.
"So generally, the evidence suggests that people should listen to their bodies if consuming one cup of caffeinated coffee is enough and consuming two is uncomfortable. Individuals should not increase how much caffeine they're consuming for health reasons."
Researchers should prioritize studying caffeine in isolation from other ingredients in caffeinated beverages and examine whether introducing coffee to people who do not currently drink it yields positive health outcomes, the group said.
Most of the authors did not list any possible conflicts of interest. One listed being an unpaid consultant for the Institute for the Advancement of Food and Nutrition Sciences and working with manufacturers such as Keurig, and another said he consults for Boston Scientific Corp, which makes pacemakers and other devices for people with heart issues.
The heart association in 2025 had advised children to avoid caffeine, and had in the past said that adults could derive benefits from coffee but that drinking two or more cups a day could double the risk of heart death in people suffering from severe hypertension.
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Tyler Durden Tue, 07/21/2026 - 10:00