Feds indict Whitmer kidnapping case informant as secret rift surfaces

Mar. 11—Federal prosecutors have indicted an informant who sources say helped the FBI infiltrate an alleged conspiracy to kidnap Gov. Gretchen Whitmer, a rare legal development and the first sign of trouble with the high-profile counterterrorism case.

The indictment of Wisconsin resident Stephen Robeson, 58, for illegally possessing a high-powered sniper rifle is the latest legal development in a criminal case that has relied heavily on informants and undercover FBI agents to reveal violent extremism in Michigan, legal experts say.

Though prosecutors have secured the conviction of plotter Ty Garbin of Hartland Township and compiled evidence that includes secretly recorded audio, video and more than 13,000 text messages, new criminal charges against a confidential informant could be exploited by defense lawyers.

An indictment after a prolonged period of cooperation suggests the relationship between Robeson and the FBI is destroyed and that prosecutors do not plan on using him at trial, legal experts said. But defense lawyers can try to call him as a witness and attack Robeson's credibility.

"This gives defense lawyers ammunition to create reasonable doubt," said Andrew Arena, former special agent in charge of the FBI office in Detroit. "It could be he broke bad on them during the investigation.

"It's a difficult proposition when you are using these guys. You're telling them don't commit crimes, you're doing everything to keep on top of them. But you're not with them 24 hours a day."

Three sources familiar with the investigation identified Robeson as one of the government's undercover informants. Robeson attended and organized combat training in Wisconsin, participated in a June 2020 meeting in Dublin, Ohio, that served as a catalyst for the kidnapping plot, and he also attended a camp in northern Michigan where accused plotters underwent combat training, according to the sources.

Robeson's name also surfaced briefly during a federal court hearing in January. Joshua Blanchard, the attorney for accused plotter Barry Croft, mentioned Robeson while arguing government informants were the main drivers in the alleged kidnapping scheme.

The one-paragraph indictment of Robeson on March 3 does not mention the Whitmer case, and it was filed five months after FBI agents say they thwarted a kidnapping plot that involved at least 14 people. The indictment alleges Robeson, a career criminal, possessed an Armalite .50-caliber sniper rifle, which is powerful enough to shoot a target more than a mile away.

A spokeswoman for the U.S. Attorney's Office in Wisconsin declined to comment about Robeson. Robeson did not respond to a message seeking comment and his attorney, Joseph Bugni, declined comment.

The indictment is also coming to light as new evidence emerged Wednesday that suggests the suspects had amassed an arsenal and restraints, including leg irons and handcuffs.

Defense lawyers have portrayed their clients as tough talkers who were exercising First Amendment rights who never carried out any kidnapping plot.

"If Steve Robeson is at this meeting, he's the person who's driving this and inviting people and funding it," Blanchard said.

Prosecutors objected after Robeson was identified.

"I don't know if his identity is necessary" at this point, U.S. Magistrate Judge Sally Berens said.

The indictment filed last week alleges Robeson acquired the sniper rifle Sept. 26 in Wisconsin but does not specify where or how he came to possess the long-range weapon. There were no additional details about the circumstances surrounding the rifle, which retails for about $4,000 and fires $4 bullets.

Robeson lives in Oxford in southern Wisconsin. His ranch-style home is 16 miles northeast of Wisconsin Dells resident Brian Higgins, who was charged last fall with material support of an act of terrorism in the case.

Higgins, 52, participated in surveillance of Whitmer's vacation home, according to a Michigan State Police affidavit. He also provided night-vision goggles and used a dash camera in his vehicle to record footage of the surveillance.

Wisconsin is a recurring setting in the case. The accused plotters discussed kidnapping Whitmer and taking her to a "secure location" in Wisconsin to stand "trial" for treason prior to the Nov. 3 election, according to the FBI.

"Snatch and grab, man," accused plotter Adam Fox, 37, of Potterville said, according to the FBI. "Grab the f---- governor. Just grab the b—."

The men were upset about state restrictions on travel and business during the pandemic, according to the government. In early July, several members of the alleged conspiracy attended firearms training and combat drills in Cambria, 41 miles southeast of Robeson's home.

During the weekend training session, Croft and an unidentified member of a militia group tried and failed to build an improvised explosive device, FBI Special Agent Richard Trask wrote in an affidavit. The IED consisted of black powder, balloons, a fuse and BBs for shrapnel.

An FBI informant provided FBI agents with video of the failed bomb project, according to court records.

In November, Robeson participated in a publicly available video chat with members of the "Patriot" community who were reeling in the wake of the kidnapping case arrests. The chat, which did not involve anyone charged in the Whitmer kidnapping case, quickly turned into a mole hunt.

Members went line by line through a federal criminal complaint to determine whether Robeson was an informant. The online discussion was streamed live, five weeks after the FBI arrested 13 people in the Whitmer case.

"Everyone has wondered what happened, what went on and who is it that we can narrow down that might be the problem in our group," one participant said. "Nobody wants to think that somebody would betray their fellow countrymen and women so this has been painful for us to think that anyone among us who calls themselves a brother would ever stab one of us in the back."

The criminal complaint describes a late-night surveillance run in mid-September from the group's remote training site in Luther to Whitmer's vacation home in northern Michigan. Three vehicles made the trip, including a truck containing five people: accused ringleader Adam Fox, Croft, an informant, an undercover FBI agent and "an individual from Wisconsin."

"That's me," Robeson tells members during the online meeting. "I'm the individual from Wisconsin."

Robeson has a history of testifying for the government. In 1985, he testified against a suspect in a murder and arson case involving members of the Ghost Riders motorcycle gang, according to a Wisconsin State Journal article. The article portrays Robeson as a jailhouse snitch who shared a county jail cell with one defendant in the case.

Robeson also has amassed a lengthy criminal record. Wisconsin court records show convictions for having sex with a child age 16 or older, sexual assault, and bail jumping. Due to the convictions, Robeson is not allowed to possess a firearm.

Last year, he drew public attention for protesting a mask mandate. He was interviewed by a local TV reporter as part of a story about protests at the Wisconsin state Capitol, where protesters spent two hours marching outside Gov. Tony Evers' office windows.

"We understand the virus. We understand what it is," Robeson said during the protest. "Why are we shutting our country down and restricting our movement?"

Meanwhile, federal agents Wednesday released a list of items seized from three people charged in connection with the alleged Whitmer kidnapping conspiracy. They include Garbin, Lake Orion resident Daniel Harris and Eric Molitor, 37 Cadillac, who is charged in state court.

The list includes 18 firearms, a crossbow, more than 700 rounds of ammunition, night-vision goggles and a bronze, .30-caliber silencer inscribed with the name "Ty Garbin."

From Harris, 23, investigators seized a 9 mm pistol, ammunition, tactical gear and a My Little Pony-brand holster.

Agents seized two shotguns, five rifles, two pistols and two revolvers from Molitor, 37. They also seized metal and plastic handcuffs, a bulletproof vest, a gas mask and tactical leg irons.

"Eric is a gun enthusiast and collector and also purchased the other legal items for either his duties as a private security contractor or as an individual who enjoyed training for defensive paramilitary activities," his lawyer, William Barnett, wrote in an email to The Detroit News.

"He also has competed and trained for paramilitary competitions that are held annually that involve the proficiency of many of the items listed. Eric had no intention to do anything illegal with these items and again, all items were legal to purchase or possess."

The firearms, restraints and gear reflect the danger at the heart of the terrorism allegations, said Jon Lewis, a research fellow at the Program on Extremism at George Washington University.

"It definitely speaks to the gravity of the plot," Lewis told The News, "and provides further evidence that there was a very serious and real intention to try and kidnap a sitting governor."

rsnell@detroitnews.com

Twitter: @robertsnellnews