Defense goes after record of FBI informant in Whitmer kidnapping plot

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Defense attorneys in the state case against three men who the prosecution has accused of joining in a plot to kidnap Gov. Gretchen Whitmer continued to challenge the testimony of Big Dan, the FBI's confidential source — an Army veteran — by going after his record and suggesting he was more than an informant.

The defense hopes to create doubt in the jurors' minds about state's case, but also show that the FBI had a hand, through Dan, in directing what unfolded.

Moreover, as the trial neared the end of its second week, courtroom tensions became apparent.

During questioning, defense implied that Dan was not just the eyes and ears of law enforcement, but an active participant in the paramilitary group the Wolverine Watchmen, training members, taking them to meetings, and, in fact, was its executive officer.

"You are not even a month into this group, and you are already adding relevant questions to the vetting process, correct?" Paul Bellar's attorney, Andrew Kirkpatrick, asked Dan.

The informant agreed that he suggested questions and became involved in the group.

Kirkpatrick also used transcripts of Dan's earlier testimony to try to draw inconsistencies, forcing Dan, at one point, to admit he misspoke.

To resolve a dispute from Thursday, Judge Thomas Wilson began court Friday by telling Dan that there were some questions about his military service and asked him to "walk us though" it.

At issue was whether Dan — who had testified against Joseph Morrison, Pete Musico and Bellar, who are charged with providing material support for terrorism, a felony punishable by up to 20 years — should have earned a Purple Heart, an award given for injuries sustained in combat.

Dan explained that his injuries were diagnosed later.

The cross-examination, which began Thursday, had taken a tumultuous — and personal — turn.

One prosecutor accused the defense of besmirching their witness, while another complained that the defense attorneys were speaking so loudly "it’s literally hurting my ears," and two defense attorneys, who both said that they were Marines, stood their ground until the Wilson ordered them to "tone it down."

Later, the prosecution asked Dan to detail his military awards and commendations.

The high-profile case is part of a larger domestic terrorism case that was tried — twice — in federal court.

The state case in Jackson comes two years after the men were arrested, but also as the House panel investigating the Jan. 6, 2021, attack on the U.S. Capitol summarized its findings and sought testimony from the former president, and Whitmer debated her opponent, Tudor Dixon, in Grand Rapids.

In a related domestic terrorism case, five more men are expected to face a trial in Antrim County.

In many ways, the defense is going back to an earlier strategy, when it argued at a two-day hearing that the defendants were entrapped by law enforcement. At the hearing, Judge Wilson said found no evidence that the government pressured or targeted the suspects.

Jurors also heard from a property manager of a mobile home park where Bellar lived, a Mount Morris Twp. sergeant, and another FBI agent, who testified concerns raised about Bellar and the Wolverine Watchmen, but, after investigation, were unaware any laws had been broken.

More testimony is expected Monday.

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Leonard Ballard, Morrison's attorney, attempted Friday to show that his client was not as involved as the prosecution suggested and that it was Dan who had been encouraging Morrison's association with convicted plot ring leader Adam Fox.

Ballard also asked Dan about payment from the FBI. Dan said he was paid $54,000.

But the money, Dan said, helped make up for missed pay from work, and after the arrests, sold his home. He said he also had to purchase an watch, phone and laptop to protect his safety and to gather evidence for the FBI in his role as an informant.

Kirkpatrick, asked Dan more questions about service-connected injuries and disability and the FBI rules for being an informant, such as assisting the group.

The informant said he was concerned about his safety and feared for his life.

Later, Kirkpatrick asked Dan about a phone call he had with Fox in the presence of two FBI agents, and he acknowledges that the agents were "giving you ideas" about what to talk about with Fox, and it was Dan who invited Fox to a meeting with the Wolverine Watchmen.

Kirkpatrick ended his questioning asking Dan: "The only common denominator in this entire case, is you, right?"

Contact Frank Witsil: 313-222-5022 or fwitsil@freepress.com.

This article originally appeared on Detroit Free Press: Defense questions FBI informant in Whitmer kidnapping plot