The Michigan Court of Appeals vacated the convictions of two men implicated in a 2020 plot to kidnap Governor Gretchen Whitmer on Monday.

Pete Musico and Paul Bellar were convicted of providing material support for terrorism, but a three-judge panel on the Court of Appeals said that the kidnapping plot did not “form the basis for” a terrorism conviction.

“We are likewise bound by the determination that kidnapping is not a violent felony that can permissibly form the basis for a conviction of providing material support for an act of terrorism,” Judges Michael Kelly, Sima Patel and Daniel Korobkin found in the latest case. “Finally, the jury verdict in this case was tainted by the same erroneous instructions as the jury in Morrison.”

Michigan Attorney General Dana Nessel responded with outrage against the ruling, implying that the judges downplayed “domestic terrorism”.

“There is no word to describe this other than violent. My office will not downplay domestic terrorism and will not stand by while criminal statutes meant to preserve public safety are arbitrarily gutted.”

Nessel also said that she would take the case to the Michigan Supreme Court to uphold the convictions.

The overturned convictions are just the latest in a string of defeats for Nessel, who has been accused of weaponizing the state’s justice system.

Last year, a judge dismissed charges against 15 ‘fake electors’ who Nessel accused of trying to overturn the results of the 2020 Presidential election.

The judge dismissed the charges due to a lack of evidence proving intent, dealing a major blow to a highly politicized case.

“This is a fraud case, and we have to prove intent,” the judge said. “And I don’t believe there’s evidence sufficient to prove intent.”

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