Lansing, Michigan – A legal interpretation centered on the meaning of “violent felony” has now erased three convictions tied to the 2020 plot to kidnap and harm Michigan Gov. Gretchen Whitmer.
Michigan Attorney General Dana Nessel says the fight is far from over. After the Michigan Court of Appeals reversed the convictions of Pete Musico and Paul Bellar on Monday, Nessel vowed to challenge the decision and defend the state’s use of laws designed to address domestic terrorism.
Musico and Bellar had been convicted of multiple felonies connected to the plot. Their convictions were overturned shortly after a separate Court of Appeals panel reversed the conviction of co-defendant Joseph Morrison.
Read also: Flint Township voters will decide whether to rename their community Oak Hills
The Morrison ruling became the key factor in all three cases. That panel determined that kidnapping does not qualify as a violent felony when prosecutors bring a charge of providing material support for terrorist acts.
Musico and Bellar had not originally raised that argument in their own appeals. However, the appeals panel reviewing their cases was legally required to follow the precedent established in Morrison’s case. That left the court bound to reverse their convictions as well.
Nessel sharply criticized both the original Morrison decision and its effect on the latest appeals.
“A previous ruling used linguistic gymnastics to overturn the conviction of an extremist. Now, that broken precedent has legally bound this Court of Appeals panel to reverse the convictions of two more dangerous criminals,” Nessel said.
She argued that the conduct described in the cases was unmistakably violent, regardless of how the relevant criminal statutes were interpreted by the court.
“It is clear that all three of these defendants engaged in a coordinated plan to kidnap and harm the governor and cause mayhem and destruction across our communities in the process. There is no word to describe this other than violent,” she said.
Nessel also said her office would not accept a narrowing of state laws intended to protect the public from terrorist activity.
“My office will not downplay domestic terrorism and will not stand by while criminal statutes meant to preserve public safety are arbitrarily gutted,” she said.
Read also: Genesee County earns federal recognition for putting community funds to work on time
The attorney general’s office has already begun the appeal process in Morrison’s case. Nessel said the state will now take the same action regarding Musico and Bellar, extending a legal battle that could determine how Michigan courts define violent crimes under the state’s terrorism statutes.