A Michigan appeals court has overturned the 2022 conviction of Joseph Morrison, a member of the Wolverine Watchmen militia group who was sentenced to four to 20 years in prison for his involvement in the 2020 plot to kidnap Gov. Gretchen Whitmer.

In a unanimous ruling Tuesday, a three-judge panel of the Michigan Court of Appeals reversed Morrison’s convictions for providing material support for terrorism, gang membership and felony firearm offenses, and ordered a new trial.

The court found that kidnapping cannot serve as the predicate offense for a terrorism charge under Michigan law because the state’s kidnapping statute does not require the use, attempted use or threatened use of physical force as an element of the crime. Under Michigan’s anti-terrorism law, an act of terrorism must be based on a “violent felony,” among other requirements.

“Because the ‘use, attempted use, or threatened use of physical force’ is not an element of kidnapping, kidnapping is not a ‘violent felony’ falling within the definition of an ‘act of terrorism,’” the court wrote. The judges stated that the “error requires reversal because it allowed the jurors to find defendant guilty on an invalid basis.”

Morrison, of Munith, Mich., was convicted alongside other members of the Wolverine Watchmen in connection with the FBI-foiled kidnapping plot targeting Whitmer. While Morrison was not accused of being a central organizer of the scheme, prosecutors said he supported those involved. The broader investigation led to 14 arrests and a mix of convictions, guilty pleas and acquittals.

Michigan Attorney General Dana Nessel sharply criticized the ruling, calling it “completely and irredeemably nonsensical, outrageous and irresponsible,” and vowed to appeal to the Michigan Supreme Court. “My office will not allow this to stand,” she said.

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