In the high profile case against alleged plotters of a kidnapping of Michigan Gov. Gretchen Whitmer (D), the state plans to introduce evidence that defendants use encrypted chat applications in the planning stages of their scheme.
“The government disagrees, saying the defendants did more than talk, but took actions to carry out their plan: they cased Whitmer’s house twice; drew maps; bought night vision goggles; secretly communicated in encrypted chat rooms so as not to get caught; and held training exercises,” according to The Detroit Free Press.
It is not illegal to use encrypted messaging applications.
One of the applications allegedly used by the defendants is Theema, which is estimated to be used by at least 8 million Americans. Signal and Telegram are other popular encrypted chat applications that are used by tens of millions more Americans.
According to experts, “encrypted messaging apps make it hard for anyone else to eavesdrop on your private chats and calls, including (in most cases) the people running the apps themselves.”
Such apps have become much more commonplace since Edward Snowden in 2013 blew the whistle on what he claims is massive, illegal spying on all Americans by the National Security Agency (NSA) for which he used to work.
Now, prosecutors will argue that attempting to evade such surveillance via encrypted messaging implies guilt.
The prosecution in the case is battling accusations that the men involved in the plot were entrapped by the FBI, and that they were egged on by at least 12 informants who had infiltrated the group. They say they were only talking tough about the potential kidnapping, but would not have acted but for the FBI’s encouragement.
For example, the man who led one of the stakeouts of Whitmer’s vacation cottage, which the defendants allegedly considered blowing up, was an FBI informant called “Big Dan” in court documents. Big Dan was paid $54,000 for six months of surveilling the defendants.
The defendants claim he did more than just surveil, and that he was the active leader of one of the cottage stakeouts.
In another case, the FBI lost control of a rogue agent who broke the law by purchasing a weapon while on the agency’s payroll. Steve Robeson was a felon and was barred from purchasing weapons, but did anyway during his time surveilling the men.
The government admitted that Robeson violated the conditions of his agreement as an informant in a number of ways, including “offering use of 501(c) charity funds to purchase weapons for attacks, obtaining and possessing weapons while prohibited from doing so because he was a felon, [and] offering personal equipment, like the use of a drone, to aid in acts of domestic terrorism.”
Robeson was later charged with the gun crimes.
Another FBI informant stands accused of telling one of the defendants to lie.
In September, the FBI was forced to fire its lead investigator in the case, after he was accused of domestic abuse against his wife. Another investigator was precluded from testifying against the defendants after it was discovered that he used anti-Trump slurs.
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Pete D’Abrosca is a contributor at The Michigan Star and The Star News Network. Follow Pete on Twitter. Email tips to [email protected].
Photo “Gretchen Whitmer” by Larry Lipton.
