Verdicts in Whitmer case call feds' domestic terror strategy into question

The outcome of the trial is a stunning rebuke to the prosecution, which at times appeared to view the case — one of the most prominent domestic terror investigations in a generation — as a slam dunk. The split verdict calls into question the Justice Department’s strategy, and beyond that, its entire approach to combating domestic extremism. Defense attorneys in the case, along with observers from across the political spectrum, have argued the FBI’s efforts to make the case, which involved at least a dozen confidential informants, went beyond legitimate law enforcement and into outright entrapment.

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It may also leave the two defendants who chose to plead guilty and testify for the government in hopes of leniency, Ty Garbin and Kaleb Franks, wondering whether they made the right choice. Last summer, Garbin was sentenced to 75 months in prison, while Franks, who changed his plea in February, is still awaiting sentencing.

Also up in the air is the fate of eight men charged by Michigan’s Attorney General for providing material support to terrorism for their role in the alleged plot. Three of them face trial in September, but it may be challenging to convince a jury that they aided a plot the very existence of which has not been proven.

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