Judge throws out terrorism threat charge for 3 accused in Whitmer kidnapping plot

What they're saying: "There has to be some form of intent here to incite mayhem," said Judge Michael Klaeren of the 12th District Court, per Detroit News.

• The threat charge was dismissed because the group communicated on encrypted platforms, which is "in many respects no different than thinking the thought to yourself," Klaern said.

The big picture: According to Klaeren, the group had a "multi-tiered vetting process, secret means of communication, required training and exclusive membership."

• "They started a very big snowball that wasn't going to stop," Klaeren said. Though the plot didn't materialize, "even something stupid can be a plan," he added.
• Klaeren called the three men "erratic" and said he has reason to believe a successful kidnapping would "result in injury or death or the commission of other violent crimes."

Go deeper ... DHS chief: Domestic extremism is "single greatest terrorism-related threat" in the U.S.