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Acquitted brothers sue FBI and Michigan officials over Whitmer kidnapping case

Acquitted brothers sue FBI and Michigan officials over Whitmer kidnapping case

Rule Changes Grand Rapids, MI local

Null brothers seek damages after state terrorism convictions of three others were overturned

Today: Null brothers sue FBI, MSP, and AG Nessel

Overview

Updated 1 hour ago

Two brothers acquitted in the 2020 plot to kidnap Michigan Gov. Gretchen Whitmer filed a lawsuit September 16 against the FBI, Michigan State Police, and Attorney General Dana Nessel. Michael and William Null, cleared by a jury in 2023, are seeking damages for their arrests and prosecutions.

The suit follows appeals court decisions this year that dismantled part of the state's case. An appellate panel ruled kidnapping doesn't qualify as an underlying offense under Michigan's terrorism law, overturning the convictions of three other defendants. Nessel, who called the reasoning "linguistic gymnastics," is asking the state Supreme Court to step in.

Why it matters

The suit and appeals test whether Michigan's terrorism law reaches kidnappings, and whether FBI agents crossed from investigating a plot into creating one.

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Key Indicators

14
People charged in the kidnapping plot
Six federally and eight in Michigan state court.
5
Acquitted at trial
Includes the Null brothers, Eric Molitor, Daniel Harris, and Brandon Caserta.
3
State terrorism convictions overturned on appeal
Joe Morrison, Pete Musico, and Paul Bellar, all in 2026.
2
Federal convictions that stand
Adam Fox (16 years) and Barry Croft (19 years, 7 months).

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People Involved

Michael Null
Michael Null
Former defendant, now lawsuit plaintiff
Filed civil suit against FBI, MSP, and AG Nessel (Sept 2026)
 William Null
William Null
Former defendant, now lawsuit plaintiff
Filed civil suit alongside brother Michael
 Dana Nessel
Dana Nessel
Michigan Attorney General, defendant in lawsuit
Appealing overturned convictions to Michigan Supreme Court
 Gretchen Whitmer
Gretchen Whitmer
Governor of Michigan, target of the plot
In office; rarely discusses the case publicly
 Adam Fox
Adam Fox
Plot leader in federal prosecution
Serving 16 years in federal prison

Organizations Involved

Federal Bureau of Investigation (FBI)
Federal Bureau of Investigation (FBI)
Federal law enforcement agency
Named as defendant in the Null brothers' civil suit

The FBI embedded undercover agents inside the Wolverine Watchmen for months before arresting 13 people in October 2020.
Michigan State Police
Michigan State Police
State law enforcement agency
Named as defendant in the Null brothers' suit

Assisted the FBI in the investigation and arrests tied to the plot.
Michigan Court of Appeals
Michigan Court of Appeals
State appellate court
Overturned three state terrorism convictions in 2026

Michigan's intermediate appellate court, which ruled kidnapping isn't an underlying felony for the state's terrorism statute.
Wolverine Watchmen
Wolverine Watchmen
Anti-government militia group
Several members charged; group disbanded after arrests

A small anti-government militia whose members were at the center of the kidnapping plot.

Timeline

October 2020 September 2026

8 events Latest: Today
Tap a bar to jump to that date

  1. Null brothers sue FBI, MSP, and AG Nessel

    Today Legal

    The brothers, cleared in 2023, seek damages for their arrests and prosecutions, naming Nessel individually as a defendant.

  2. Appeals court overturns Musico and Bellar convictions

    Appeal

    A different panel applied the Morrison precedent, setting aside the pair's convictions on the same grounds.

  3. Appeals court throws out Joe Morrison's conviction

    Appeal

    The Michigan Court of Appeals ruled kidnapping isn't an underlying felony under the state's terrorism law — a precedent-setting decision Nessel vowed to appeal.

  4. Jury acquits Null brothers and Eric Molitor

    Trial

    The three men were acquitted of providing material support for terrorism and gun crimes. They were the last defendants tried in the case.

  5. Fox and Croft sentenced to long federal terms

    Sentencing

    Fox received 16 years in federal prison; Croft received 19 years, 7 months. The sentences were the longest in the case.

  6. Federal jury convicts Adam Fox and Barry Croft

    Trial

    A retrial convicted the two plot leaders, who had hung the jury at their first trial. Both were acquitted of kidnapping conspiracy but convicted of conspiracy to use weapons of mass destruction.

  7. A 14th suspect arrested on state charges

    Legal

    Michigan authorities charged the additional suspect a week after the initial busts.

  8. FBI arrests 13 men in plot to kidnap Gov. Whitmer

    Investigation

    FBI undercover agents and informants had spent months inside the Wolverine Watchmen militia. The arrests broke up the scheme before Whitmer was harmed.

Scenarios

1

Judge dismisses Null brothers' lawsuit on immunity grounds

Likely Resolves by End of 2027

Discussed by: Defense attorneys and legal analysts at Reuters, who note federal agencies enjoy sovereign immunity and individual agents often have qualified immunity.

The defendants will file motions to dismiss, citing sovereign immunity for the agencies and qualified immunity for individual agents. Courts have been skeptical of similar claims in militia cases. If the judge grants dismissal, the brothers can appeal, but the case would effectively end.

2

Government settles with Null brothers to avoid discovery

Possible Resolves by Q2 2028

Discussed by: Civil rights attorneys and former DOJ tort litigators, who note the government often settles civil claims to avoid disclosing informant identities and FBI tactics.

If the case survives dismissal, the government may pay to make it go away. Discovery could expose how the FBI ran its informants inside the Wolverine Watchmen — information the bureau has long shielded. A confidential settlement would end the case without admitting wrongdoing.

3

Michigan Supreme Court reinstates overturned terrorism convictions

Uncertain Resolves by Q2 2027

Discussed by: Michigan AG Dana Nessel, who pledged to appeal the Court of Appeals ruling and called it "linguistic gymnastics."

Nessel has said she'll ask the state Supreme Court to review the ruling that overturned the Musico, Morrison, and Bellar convictions. If the court accepts and reverses, the three men would face revived convictions and potential prison time — a direct contradiction of the Null brothers' civil claims.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

August 1992

Ruby Ridge (1992)

An FBI siege of Randy Weaver's Idaho cabin left Weaver's wife and teenage son dead, plus a deputy marshal. The standoff became a rallying point for the anti-government movement and fueled suspicion of federal agents.

Then

FBI sniper Lon Horiuchi was charged, then acquitted. The incident prompted a Senate investigation of federal tactics.

Now

Deepened militia movement distrust of federal law enforcement, a worldview that shaped many of the Whitmer plot defendants.

Why this matters now

Ruby Ridge is part of the anti-government milieu that defendants in the Whitmer case drew on, and it colors their claims that the FBI manufactured the plot.

May 2011

Newburgh Four (2011)

Four men in Newburgh, New York, were convicted of plotting to bomb synagogues and shoot down planes. The plot was fabricated entirely by an FBI informant paid $100,000.

Then

All four were convicted and sentenced to 25 years; an appeals court upheld the convictions in 2015.

Now

Became the central exhibit in criticism of FBI counterterrorism stings, with defense lawyers and some judges arguing the bureau created the crime.

Why this matters now

The Whitmer defendants, like the Newburgh Four, argue FBI informants and agents drove a plot that would not have existed otherwise.

March-August 2012

Hutaree militia case (2010-2012)

Nine members of the Michigan-based Hutaree militia were arrested in 2010, accused of plotting to kill police officers and trigger an uprising. In 2012, a federal judge dismissed all charges, ruling the group's talk was not a conspiracy to commit concrete violence.

Then

All nine men were freed; the government's case collapsed before trial.

Now

Became a reference point for courts wary of prosecuting militia members for speech and preparation that never produced an actual attack.

Why this matters now

The Whitmer case raised the same question in Michigan: when does anti-government talk and training become an actual crime?

Sources

(5)
WZZM 13 CBS News PBS NewsHour CNN Wikipedia