Appeals court blocks release of Hutaree militia members
From the Associated Press
DETROIT — A federal appeals court on Thursday issued an emergency stay blocking, at least temporarily, the release of nine jailed Hutaree militia members accused of conspiring to overthrow the U.S. government.
The 6th Circuit Court of Appeals in Cincinnati issued the stay shortly after U.S. Attorney Barbara McQuade filed a motion seeking the order. Defense attorneys have until 5 p.m. to respond.
The nine had been expected to be returned to U.S. District Court in Detroit to be processed at 11 a.m. before being released until trial.
"It's frustrating, to be sure," said Michael Rataj, attorney for Tina Stone, 44, the wife of militia leader David Stone, 44. "She's disappointed. She thought she was going home."
In a ruling late Wednesday, U.S. District Judge Victoria Roberts said she would not further suspend her Monday order that releases the militia members with strict rules, including electronic monitoring and curfews.
"We don't think the conditions are satisfactory," McQuade said. "We think the defendants pose a danger to the public and to law enforcement in particular. It's my duty to protect the safety of the public."
Roberts had ordered the militia members released Monday, then suspended her decision while prosecutors decided whether to appeal. They will appeal, but she was not persuaded to freeze the order any longer.
"Defendants are presumed innocent of all charges against them. ... This presumption of innocence is part and parcel of why, 'In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception,'" Roberts wrote, quoting a 1987 U.S. Supreme Court decision.
The Hutaree members are charged with conspiracy to commit sedition, or rebellion, against the government and the attempted use of weapons of mass destruction. They have been in custody without bond since late March.
Authorities, citing secretly recorded conversations, say the group planned to kill a police officer and bomb the subsequent funeral. Defense attorneys say it was nothing more than hateful talk.
Prosecutors claim the suspects are too dangerous to be released from jail. But Roberts has set many restrictions and appointed third-party custodians, mostly family members, to keep watch.
An undercover agent infiltrated the group and secretly recorded some members talking about killing police and fearing a "New World Order."
Earlier this week, Roberts said it was "offensive and hate-filled speech" but it did not signal a conspiracy to levy war against the government.
Since a series of raids and arrests, Hutaree members have been portrayed by the government as homegrown extremists out to strike at authorities. But evidence offered during the detention hearing pointed to no specific plot.
"The government's position that the defendants sought to acquire explosive devices is weakened by the evidence that the agents found no explosive devices when defendants were arrested," the judge said.
Roberts acknowledged she did not consider the "stockpiles" of legal firearms and ammunition possessed by militia members. But she noted there was no corroboration that the weapons were tied to any scheme to overthrow the government.
Comments
Veritas
Fri, May 7, 2010 : 2:56 p.m.
I find it interesting that the propaganda value of these arrests to demonize the people the grassroots people in the Tea Party Movement (including families, blacks, hispanics, etc.) may backfire on the Establishment. The Republican Party have attempted to assimilate the libertarian core of the movement so that Democrats can demonize it as racist, etc. We are heading further into a dark dark time. The President callously jokes about using Predator Drones against musicians when they have been used to murder hundreds if not thousands of Pakistani and Afghan civilians including people at their wedding. He has expanded the military's murders abroad and supports the assasination of American citizens overseas and the Left remains quiet. If you get upset about anything done by the government or their banking and corporate overlords you are a terrorist. If you use cash to pay for things you are a terrorist. If you try to preserve your anonymity in any situation or transaction you are a terrorist. If you think it's not okay for cops to beat people to death on a whim you are a terrorist. There is a reckoning coming. Greece is the tip of the iceberg. "Government is not reason, it is not eloquence it is force. Like fire it is a dangerous servant and a fearful master; never for a moment should it be left to irresponsible action." -George Washington, Terrorist.
paroleeplanet
Fri, May 7, 2010 : 12:22 p.m.
If you were to look back at what I said here, back when the Hutaree "militia" were first arrested, that this is an obvious set-up to demonize the right leaning tea party movement. Haven't we learned anything from Ruby Ridge, Waco or any of the other miscarriages of justice that wwe have just recently lived through? When they do get out they better not so much as sneeze the wrong way. FREE THE HUTAREE!!!!!!!!!!!
Ricebrnr
Fri, May 7, 2010 : 9:35 a.m.
Bravo Plubius! "Liberty means living by the law, even if that means increased risk. Once we start breaking the law to 'make us feel safer', where do we stop? Should be hold jay-walkers without bond?" This is the difference between justice and lynching. Once you compromise "a little" for whatever reason, there will be another little step, then another... Things to remember: "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin "The death of democracy is not likely to be an assassination from ambush. It will be a slow extinction from apathy, indifference, and undernourishment." - Robert Hutchins "Man's capacity for justice makes democracy possible but man's inclination to injustice makes democracy necessary." - Reinhold Niebuhr
Plubius
Fri, May 7, 2010 : 8:06 a.m.
A2Mike - what is sad about your comment is that we wouldn't, when, in fact, we should. Liberty means living by the law, even if that means increased risk. Once we start breaking the law to 'make us feel safer', where do we stop? Should be hold jay-walkers without bond?
psaume23
Fri, May 7, 2010 : 6:50 a.m.
Speaking of US citizens accused of terrorism-related crimes... During the past week we have seen much hand-wringing by politicians on the right and rhetoric against the FBI's citation of Miranda warnings to the Times Square subject. Did we have the same outcry against the FBI regarding the Hutaree subjects? By the logic of the right-wing critics of the FBI,the Hutaree subjects should not have been forewarned pursuant to Miranda. Also, by the same logic, instead of being tried in a federal criminal court, the Hutaree subjects' alleged criminal activities should be addressed by a military tribunal.
Ricebrnr
Thu, May 6, 2010 : 11:23 p.m.
@Mick 52. Are you a lawyer or associated with the legal professions in any way? I'm curious because your comments regarding due process, indictments, presumption of innocence, FBI investigations AND last but not least that Judge Roberts needing to consider an unrelated criminal act to this case lead me to most vehemently think not.
Ricebrnr
Thu, May 6, 2010 : 11:09 p.m.
Had a nice reply already submitted, but since everyone seems to be at the Top Commentor Forum and there was a link, it has not been approved by the powers that be yet. The highlight though is EVERY day, 36 people in the United States die, and approximately 700 more are injured, in motor vehicle crashes that involve an alcohol-impaired driver. That's more than the Hutaree have killed or injured or could have hoped to. In fact that is 4-5 times more per year than those killed on 9/11. Who's the terrorist and a public safety hazard now? Impaired drivers are a proven danger and I believe in a ZERO tolerance policy for them. If they are convicted take their vehicles and licenses for life. But in our justice system, someone else's crimes or accusations of same have no bearing on any crimes YOU may or may not have committed. So I reiterate, if you are accused of DUI. Should you stay in jail pending trial for fear of drunk drivers in general? As for your continued Muslim comment, I disagree with your premise. Even that hoplophobic meglomaniac Mayor Bloomberg stated "We will not tolerate any bias or backlash against Pakistani or Muslim New Yorkers". If anything the media and government have been EXTREMELY careful of using the term "terror/terrorist" with concern to muslims. Look at the Ft Hood Shooter. How long did it take before the authorities and the media finally use those terms when it was blatantly obvious to the rest of us from the get go?
Mick52
Thu, May 6, 2010 : 10:55 p.m.
A2Mike you are absolutely correct and Wolverine3660 you have been tagged out way off base. The judge did in no way rule in regard to proof the suspects were up to anything. The release is based only on her belief they are not a flight risk. She would let them go with "third party custodians, mostly family members to keep watch." Yeah sure, the family members are going to keep watch. This person should not be a judge. Note the Court of Appeals granted a stay, rather than support the judge. Also the presumption of innocence should not apply here. In many cases, suspects are held until and through trial based on the offense and flight risk. Presumption of innocence is a standard to be used at trial when presented to a jury. The feds had an undercover in place. To get to that point alone means they felt something serious was going on. Then the investigation has to be presented to an attorney general who also has to agree a crime, likely winnable, was committed. As the case makes it way through the court system, judges will determine if this case is solid or should be dismissed. Until then, these guys belong in jail. Plotting to kill police officers is disgusting. There is a dead police officer in Detroit, and another officer in Jackson, both recently murdered. During those shootings, five other officers were shot. Yeah let's let these guys go home and take a chance another officer won't be killed. How many police officers have to be murdered before we take this seriously? This Victoria Roberts should not be a judge. Apparently the recent police officer murders have not made an impression on her.
A2Mike
Thu, May 6, 2010 : 10:25 p.m.
That's true, but a federal grand jury did find enough evidence to indict. Under the constitution, they are guilty until proven innocent, but given the nature of the charges it's not unreasonable to consider them a potential danger to society. To reiterate my earlier point, the defendants should be grateful that their constitutional rights are being respected at all. If the accused had been Islamic extremists rather than Christian extremists, we would be debating whether they should be tortured, not released on house arrest.
Wolverine3660
Thu, May 6, 2010 : 9:29 p.m.
A2Mike- remember, that the Federal Judge, who is no conservative, feels that the Govt hasnt met the burden of proof that these Hutaree guys were up to anything. Yup, it is not me saying that but a duly appointed Federal Judge, who listened to the Govt's version of events.
A2Mike
Thu, May 6, 2010 : 8:53 p.m.
Ricebrnr: These men are accused of plotting to 1) Murder police officers 2) Plant IEDs along the funeral procession route to kill and maim their grieving families 3) Overthrow the government of the United States I have to ask, is that an equivalent crime to drunk driving in your opinion? What exactly does one have to be accused of to be considered a danger to society? If this is not terrorism, then what is?
Ricebrnr
Thu, May 6, 2010 : 6:57 p.m.
"Keep them right where they are, for continued safety." Those that do not learn from history are doomed to repeat it. That means some of us didn't learn anything from the Japanese internment camps of WW II, did we? How'd that argument work for you if you were pulled over and held on suspicion of DUI, then you were not allowed to go home because some other schmuck had an accident while under the influence? You should be thankful there's such a thing as due process and the Constitution, even when it's "protecting" people and subjects YOU don't like.
Mary Catherine Smith
Thu, May 6, 2010 : 6:30 p.m.
Good point, A2Mike.
A2Mike
Thu, May 6, 2010 : 5:32 p.m.
I wonder whether we'd be having this discussion at all if these men were Muslims instead of Christians.
RJA
Thu, May 6, 2010 : 5:19 p.m.
Keep them right where they are, for continued safety.
Lokalisierung
Thu, May 6, 2010 : 11:48 a.m.
Let them go already!