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Prosecutor drops out of Gov. Whitmer kidnapping plot case

Michigan Gov. Gretchen Whitmer attends an event with President Joe Biden in the South Court Auditorium on the White House campus, Wednesday, March 9, 2022, in Washington. Prosecutors in the trial of four men charged with planning to kidnap Michigan Gov. Gretchen Whitmer are showing jurors profanity-filled messages and social media posts on Thursday, March 10, by two of the men, some months before the FBI got involved in the case.(AP Photo/Patrick Semansky) (Patrick Semansky, Copyright 2022 The Associated Press. All rights reserved.)

GRAND RAPIDS, Mich. – A federal prosecutor withdrew Tuesday from the case of a plot to kidnap Michigan Gov. Gretchen Whitmer, days after two men were acquitted and the jury couldn’t reach a unanimous verdict for two more.

Assistant U.S. Attorney Jonathan Roth notified the judge in a brief court filing. He's not required to give a reason.

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"We don’t have any comment on our staffing of cases in this office," said Breane Warner, a spokeswoman for the U.S. Attorney's Office in Grand Rapids.

Roth was one of two prosecutors at the high-profile trial of Adam Fox, Barry Croft Jr., Daniel Harris and Brandon Caserta. He gave the opening statement, saying the men wanted to kidnap Whitmer and create a “war zone here in Michigan,” and aggressively cross-examined Harris, the only defendant to testify.

Harris and Caserta were acquitted on April 8, while the jury deadlocked on Fox and Croft. The government signaled that a second trial for Fox and Croft was likely, though no formal notice has been filed.