Lawyers: merely possessing weapons and voicing opposition to the government is not illegal.
By James B. Kelleher
DETROIT (Reuters) - The extremist militia group members accused of plotting to kill police and wage war on the U.S. government should be freed pending trial because the case against them centres on political, not criminal issues, defence lawyers argued on Thursday.
Lawyers defending eight of the people charged in the case asked a judge during a hearing in Detroit to grant bail to the militia members, arguing that merely possessing weapons and voicing opposition to the government is not illegal.
Assistant U.S. Attorney Joseph Falvey told U.S. Magistrate Judge Donald Scheer the defendants, members of a group called the Hutaree, had "dark hearts and evil intent." Falvey said they broke the law by conspiring to oppose the U.S. government by using violence and weapons, and should be denied bail.
The seven men and one woman on Wednesday pleaded not guilty or remained silent and had not guilty pleas entered for them.
An indictment unsealed on Monday accused them of planning to kill a police officer in Michigan and then ambush the funeral with improvised explosive devices to kill more police. The defendants were preparing to fight authorities from fortified and booby-trapped positions, the indictment said.
Members of the Hutaree believed the attacks would "serve as a catalyst for a more widespread uprising" against the U.S. government, the indictment said.
Michael Rataj, the lawyer representing the wife of the group's leader, said the government was "prosecuting people who have only exercised their First and Second Amendments rights" under the U.S. Constitution to engage in free speech and own guns, and had not violated the law.
Other defence lawyers made similar points. Prosecutors and defence lawyers argued over the threat the suspects might pose if released on bond and the likelihood that they would show up for trial. The judge said he would rule by the end of the day on Friday on whether or not to release them on bond. Continued...
DETROIT (Reuters) - The extremist militia group members accused of plotting to kill police and wage war on the U.S. government should be freed pending trial because the case against them centres on political, not criminal issues, defence lawyers argued on Thursday.
Lawyers defending eight of the people charged in the case asked a judge during a hearing in Detroit to grant bail to the militia members, arguing that merely possessing weapons and voicing opposition to the government is not illegal.
Assistant U.S. Attorney Joseph Falvey told U.S. Magistrate Judge Donald Scheer the defendants, members of a group called the Hutaree, had "dark hearts and evil intent." Falvey said they broke the law by conspiring to oppose the U.S. government by using violence and weapons, and should be denied bail.
The seven men and one woman on Wednesday pleaded not guilty or remained silent and had not guilty pleas entered for them.
An indictment unsealed on Monday accused them of planning to kill a police officer in Michigan and then ambush the funeral with improvised explosive devices to kill more police. The defendants were preparing to fight authorities from fortified and booby-trapped positions, the indictment said.
Members of the Hutaree believed the attacks would "serve as a catalyst for a more widespread uprising" against the U.S. government, the indictment said.
Michael Rataj, the lawyer representing the wife of the group's leader, said the government was "prosecuting people who have only exercised their First and Second Amendments rights" under the U.S. Constitution to engage in free speech and own guns, and had not violated the law.
Other defence lawyers made similar points. Prosecutors and defence lawyers argued over the threat the suspects might pose if released on bond and the likelihood that they would show up for trial. The judge said he would rule by the end of the day on Friday on whether or not to release them on bond. Continued...
Comment
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Comment by Jeff on April 6, 2010 at 5:21am
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I thought you moved to Mexico...
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That's been something I've mentioned to people before. The only thing we ever own is our time and today I own all of my time. That's as opposed to when I was working.
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I know. Makes life valuable and time used diligently.
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I've never needed or used one but of course I know what they are.
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I'm in good health. I will deteriorate gracefully, but not for another 15 years at which point I will be prepared.
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We'll all be here together, we'll see. It's fascinating to be a spectator.
My Emphysema was diagnosed in 1990 (from pot use I would imagine) and I will live for another 20 years I'm sure. I have no physical problems, it progresses ever so slowly and I'm still very active, cutting the lawn, shoveling snow and having fun.
I was a body builder and runner most of my life, until I was 45, and I've never eaten anything besides raw foods and I've never eaten additives, and this has been my lifestyle since I left home at 18. I'm a pretty healthy guy and never even get sick.
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"how anyone who knows anything about the NWO.... "
We've read the same material since we both read a great deal. Perception is everything Gary. You see a culmination coming much different then I do. I see the culmination having already occurred and you see it yet to unfold. Who's right?
Americans are born ill and pay for medical care throughout their lives. They populate by far greater volume then any other country the NATO forces. We just trained 10,000 Columbian soldiers in the school of the Americas or whatever it's called. We've trained 10s of 1000s more from other countries. We are, by a magnitude, the largest arms seller on the planet. We eat poisons throughout our lives necessitating expensive health care for heart disease, diabetes, cancers, obesity and neurological diseases. We pay extraordinary taxes, clearly 50% of what we earn when all various taxes are considered. We vote Democratic and Republican allowing the two-party one agenda economic elite to perpetuate control. We rarely read books and in fact rarely read anything if it's more then a short paragraph. We've both had commentary here related to the length of each of our posted comments which gives credence to that fact. We use sound bytes to develop opinions. The banks just transferred trillions of dollars, the health care bill was passed, the wars are well funded, Aspartame is a legal food additive along with many others.
Let me ask you, who would want to change that?
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Like I said Gary, we'll all be here to see. At least I hope to be here. I have Emphysema but am far from failing health. I suspect we'll be here together.
So, I'll stand behind my statements that there will be no Food Shortages, No Martial Law, no Dollar Crash and no one locked in FEMA camps except illegal aliens and even that seems very unlikely and I will make the assessment good for the next 20 years or more. We'll see, all of us, together.
Understand that Martial Law might be declared very temporarily in a region based on a so-called terrorist attack though it's very, very, very unlikely.
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Maybe there, not here.
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Comment by illuminated-dj on April 4, 2010 at 8:30pm
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jeff everything isnt fine and rosy like in the park lol,public services are being shut down,police,fire etc..everything might look ok in the park but i sense something far worse.society is falling apart,and there isnt goona be a police service to call
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