Michigan Appeals Court Overturns Whitmer Kidnapping Plot Conviction
Michigan’s highest appeals court unanimously reversed a terrorism conviction tied to the 2020 Whitmer kidnapping plot, sparking outrage from state officials.
LANSING, MICHIGAN — The Michigan Court of Appeals unanimously overturned the conviction of Joseph Morrison on Tuesday, ruling that his role in the 2020 plot to kidnap Governor Gretchen Whitmer did not constitute terrorism under state law.
Morrison was convicted in 2022 of providing material support for terrorist acts, gang membership, and felony firearm charges for his participation in the conspiracy. He received a sentence of up to 20 years in prison for his involvement with the right-wing militia group Wolverine Watchmen.
Legal Reasoning Behind Reversal
Appeals Court Judge Mark T. Boonstra wrote in the ruling that “the charge of kidnapping cannot properly form the basis for defendant’s conviction.” The decision hinged on a 2006 amendment to Michigan’s kidnapping statute that removed specific references to the use of force.
The court determined that Michigan’s terrorism statute specifically requires “use, attempted use, or threatened use of physical force,” while the kidnapping statute does not include force as an element. “Because the ‘use, attempted use, or threatened use of physical force’ is not an element of kidnapping, kidnapping is not a ‘violent felony’ falling within the definition of an ‘act of terrorism’,” Boonstra wrote.
Political Leaders React
Michigan Attorney General Dana Nessel issued a sharp rebuke of the court’s decision in a press release. “This ruling is completely and irredeemably nonsensical, outrageous and irresponsible,” Nessel stated.
“For the panel to declare that kidnapping is not a violent felony strains all legal credibility and insults the intelligence of every person in this State,” Nessel continued. “The Court twists itself into a knot using legal and linguistic gymnastics in order to liberate dangerous criminals using convoluted definitions.”
Background of the Case
Morrison was among several members of the Wolverine Watchmen militia group prosecuted for their involvement in the conspiracy to abduct Whitmer from her vacation home. The plot was disrupted by federal and state law enforcement in October 2020.
The case proceeded through both federal and state courts, with Morrison facing state charges while others involved in the conspiracy were prosecuted in federal court. His 2022 conviction marked one of several successful prosecutions stemming from the investigation.
The Attorney General’s office has indicated plans to appeal the decision to a higher court, though specific details of the appeal process were not immediately available.
