LANSING, Mich. (Michigan News Source) – An appeals court is looking into the trial of two men convicted in a plot to kidnap Michigan Gov. Gretchen Whitmer, and will consider evidence about whether the case actually hinges on entrapment by FBI handlers.

After hearing arguments in May, the court asked for more written briefs on the impact of a trial judge’s decision to bar evidence that might have supported claims of entrapment made by Adam Fox and Barry Croft, Jr.

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Fox and Croft are serving prison sentences for leading a conspiracy to try to snatch Gov. Gretchen Whitmer in 2020. Prosecutors pinned the case on what they referred to as anti-government extremists who hoped to kidnap Whitmer and spark a civil war. Defense attorneys wanted jurors to see more communications between FBI handlers who had infiltrated the group as undercover agents and paid informants. The attorneys argued the plan to kidnap Gov. Whitmer stemmed from the FBI pushing the plan on Fox and Croft.

U.S. District Judge Robert Jonker greatly restricted the use of certain text messages and audio recordings under his interpretation of evidence rules in the 2022 trial.

The kidnap plot cases saw 14 charged. Eight men faced state charges while six were indicted on federal charges. Nine were convicted or pleaded guilty in the case, and five were acquitted.

One of the men acquitted in one of those trials, Eric Molitor, is running for Wexford County Sheriff.