'Undercover Mark' testifies against Antrim County defendants in Whitmer kidnap trial

ANTRIM COUNTY — An FBI agent who went undercover to infiltrate a militia group accused of plotting to kidnap Gov. Gretchen Whitmer testified in Antrim County's 13th Circuit Court on Thursday and Friday.

His testimony came during the second week of the final trial involving conspirators in the failed scheme. On trial are three defendants, Eric Molitor and twin brothers Bill and Mike Null. All are charged with providing material support for terrorist acts — punishable by up to 20 years in prison — and illegally possessing firearms.

They are the last on trial out of 14 men who were arrested as part of an elaborate plan to kidnap Whitmer from her Elk Rapids summer cottage in 2020. Their ultimate goal, as described earlier in the trial, was to violently overthrow the government and incite a nationwide civil war.

The historic case has so far seen four men strike a deal to plead guilty, two men acquitted, two men found guilty of kidnapping conspiracy and conspiracy to possess weapons of mass destruction, and three men convicted of felony counts of gang membership, providing material support to terrorism, and illegal weapons possession.

More: Scenes from the final trial in foiled Whitmer kidnapping plot

More: Cross examination begins in final Whitmer kidnapping plot trial

On Thursday, Aug. 31, FBI Special Agent “Undercover Mark” took the stand with presiding Judge Charles Hamlyn limiting media coverage to protect the witness' identity.

Mark told the jury that in June 2020 he was asked to make contact with ringleader Adam Fox because of “disturbing” comments made regarding acts of political violence against the Michigan Legislature. There was also another FBI agent assigned called Undercover Red and a “confidential human source” called CHS Dan who had reached out to the FBI after joining the Wolverine Watchmen’s Facebook group.

Shortly after making contact through Fox’s then-girlfriend, Mark gained his trust and was invited to several significant events identified by the state as key moments leading up to the arrests of Molitor and the Null brothers. Fitted with audio recording devices, he attended meetings, rallies and training sessions, some of which Molitor and the Null brothers participated in.

For the state, Assistant Michigan Attorney General Phil Jacques questioned Mark as he set the scene for dozens of secretly recorded conversations that were played for the jury. In the audio, discussions of kidnapping the governor and killing law enforcement can be heard. The transcribed exhibits were meant to illustrate the alleged intentions of Molitor and the Null brothers and the increasingly dangerous plans the group was forming.

Of note were Mark’s conversations and observations from a three-day combat field training exercise in Luther, Michigan in September 2020. It was the second such paramilitary practice session to take place where participants learned SWAT team style maneuvers, firearms training and combat medical care, which included placing tourniquets on bullet wounds during battle. The event was attended by the Null brothers and Molitor and included a nighttime reconnaissance drive to Elk Rapids where the governor’s cottage was located.

In one recording, Fox talks to Bill Null about an initial plan to take the governor from the State Capitol building in Lansing. Referring to the amount of law enforcement at the Capitol, Fox acknowledged the significant fire power they would be up against. They then discuss the smaller security detail that would be at the governor’s summer cottage.

At one point in the conversation, when talking about attacking the Capitol and capturing Whitmer in Lansing, Bill Null says, “She would be hanging in the halls, ‘cause that’s where I would do her.”

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On Friday, Sept. 1, Bill Null’s attorney Damian Nunzio grilled Undercover Mark during cross examination.

Referring to the field training exercises, Nunzio confirmed with Undercover Mark that going to field training exercises “is not in and of themselves illegal” and that not everyone participating in them knew about the plans to kidnap the governor or was arrested.

Nunzio questioned the leadership roles of the FBI agent and informant during the Elk Rapids trip. Specifically, why Undercover Mark drove the Null brothers to Elk Rapids in his own car and why Dan, as a paid undercover informant, was relaying instructions to the brothers upon their arrival.

Nunzio also asked about the Null brothers’ lack of participation in the reconnaissance mission. They were tasked with being the lookout for the other cars but once they were in Elk Rapids they didn’t ask to drive by the governor’s cottage, down her street or to the boat launch, according to Mark.

Mark also confirmed for Nunzio that it was “pitch black” on the night they visited Elk Rapids and, as the lookout, they hadn’t brought night vision or regular binoculars. He said the Null brothers were not aware of where the Elk Rapids bridge was located, despite it being a key component of the mission as the group had planned to blow it up to slow police response once the governor was taken.

Neither Bill or Mike Null used the radio provided to communicate with the other vehicles during the Elk Rapids trip, confirmed Mark. However, when asked by Nunzio, Mark agreed he had handed the radio to Bill Null and told him how to respond with it.

Questioning how the FBI assesses credible danger, Nunzio asked Mark about so-called “chest pounding” in some of the recorded conversations.

“Would you agree the guys were just trying to develop some street credibility?” asked Nunzio, mentioning convicted conspirator Shawn Fix, who had lied about being a Navy Seal and supplying a Black Hawk helicopter in the kidnapping scheme.

On redirect, the state sought to clarify what had been potentially muddled by the defense’s line of questioning that inferred the Null brothers were not aware of why they were in a chosen parking lot during the Elk Rapids surveillance trip and not actively participating as lookouts. Jacques referred back to quotes from Mark's recorded conversations that supported they were knowledgeable of the task and present for the conversations during the Elk Rapids surveillance trip, which included discussions of possibly killing law enforcement that got in the way during the kidnapping.

“Is it apparent to you who would be shot in the process of Adam’s Fox’s plan," asked Jacques, referring to a recorded conversation that included the Null brothers.

"Yes," said Mark, stating that if necessary it would be the governor’s security detail.

Friday, Sept. 1, marked the eighth day of what was initially planned to be a 15-day trial. The 18 person jury, consisting of six alternates, have a three day weekend in honor of Labor Day. Court proceedings will commence at 9 a.m. on Tuesday, Sept. 5, in the Antrim County Courthouse in Bellaire.

— Contact reporter Annie Doyle at (231)675-0099 or adoyle@charlevoixcourier.com.

This article originally appeared on The Petoskey News-Review: 'Undercover Mark' testifies against defendants in Whitmer kidnap trial