Seven of the 13 men charged in the plot to kidnap Michigan’s governor were part of a self-styled militia known as the Wolverine Watchmen, officials say. Law enforcement concerns about such groups have mounted after protesters armed with AR-15 style rifles came to Michigan’s capitol this year, calling for Gov. Gretchen Whitmer to reopen businesses barred from operating during the pandemic. Some have also expressed concerns that private militias will turn up at Election Day polling sites, the Wall Street Journal reports. Militias are government-supported groups that can be mobilized to supplement traditional armed services. Self-described militias encompassing private individuals, however, operate without government authority. Some have responded to events heavily armed, operating in military-style formations, and claimed they have authority to engage in state-approved functions like protecting property.
Many groups are operating against state laws barring paramilitary training, experts say. All states “prohibit private, unauthorized militias and military units from engaging in activities reserved for the state militia, including law enforcement activities,” says Georgetown University Law Center. Some states, including Michigan, ban “paramilitary activity during or in furtherance of a civil disorder.” Laws against private militias are rarely enforced. Prosecutors are often unaware of the laws. “The required legal thresholds are often difficult to meet because they generally require proof that the suspect activities were motivated by an additional specific purpose to foment violence or civil disorder,” said Brian Levin of the Center for the Study of Hate and Extremism at the California State University, San Bernardino. Cases against private militia before they actually carry out a plot have been tough to win. The Wolverine Watchmen defendants were charged under Michigan’s antiterrorism act. Two members face several counts, including threat of terrorism and gang membership; the other five face counts including providing material support for terrorist acts.