GRAND REPIDS, Michigan – A judge has ordered two men accused of alleged conspiracy to kidnap and assassinate Michigan Governor Gretchen Whitmer to remand the case. The two men returned to federal court on Thursday afternoon with a request to drop their charges.

As early as April 8, after five days of jury deliberation, Daniel Harris and Brendan Caserta were found not guilty of all charges against them. In the case of Adam Fox and Barry Croft, a false trial was announced after the jury was unable to reach a decision on their charges.

According to federal court documents, Fox and Croft’s attorneys argue that their charges should be dismissed because Harris and Caserta were acquitted and the government did not have enough evidence during the trial.

“Due to the preclusive effect of the acquittals of Mr. Harris and Mr. Caserta, as well as the lack of evidence presented by the Government at the trial, Mr. Croft asks the court to acquit under Rule 29 (c) of each item of a substitute indictment, ”the documents read.

In court on Thursday, the judge denied the motion and ordered Fox and Croft to remand the case.

The U.S. Attorney for the Western District of Michigan at the time of the sentencing of Andrew Birge said his office plans to reconsider the cases against Fox and Croft.

Mark A. Totten was sworn in as the new U.S. Attorney on May 5th.

Since then, Totten has filed a motion in court not to participate in the upcoming retrial. FOX 17 contacted his office to find out why he decided to drop the case, but at the time they had no comment.

Niels Kessler and Jonathan Roth preside over the charges against Fox, Croft, Harris and Caserta during the initial trial. Roth has since dropped the case.

Adam Fox, Barry Croft, Daniel Harris and Brandon Caserta were arrested in October 2020 and charged with conspiracy to kidnap for allegedly planning to kidnap Governor Whitmer at her vacation home. Fox, Croft and Harris face additional fees.

The men were allegedly angry over the restrictions on COVID-19 and allegedly planned it from June to October 2020.

The defense claimed that the defendants were trapped by undercover agents and informants who advanced the plan.

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More coverage of the court in the case of the abduction of the governor:

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