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 2, 2010 at 7:21pm
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I think a generational war will begin but not for 20 or 30 years and it may last forever, or close to it. That's what I see.
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Comment by Metalchemist on April 2, 2010 at 7:18pm
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Yes BUT emplanting an agent and having that agent teach the use of explosives and the betterment of the use of is ENTRAPMENT.
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I'm confident I won't be a casualty because I'll be the first to cross the southern border and barring that I'll be a refugee from war in Appalachia, the Arizona desert, Indian reservations or wherever they decide refugees should go. All internal struggles make early preparations for refugees. Let 'em bring it on. I've been hoping for an obvious revolution before I die just to see what happens.
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Fascinating editorial Gary. Perhaps the CIA or Mossad are behind these letters?
You're right, I'm a Pacifist and would prefer to see millions march to Washington and camp on the lawns until we get what we want.
I don't see successful revolution in the cards, just yet.
What I see is a protracted generational revolution like that portrayed in Mad Max or Terminator but 20 or 30 years or more in the future. My grandchildren are going to be pissed off adults. A revolution now won't have the support of enough common civilian Americans, not now, not yet, 20, 30 years more, maybe even more, then the support will be there from the entire Proletariat.
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Comment by Ya'aKov on April 2, 2010 at 5:16pm
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Gary makes a very good statement...
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I realize the criminality of the US government. That's not a subject we even need to discuss. I only need guns for the criminals that aren't in government. The criminals in government won't be deposed with guns, their position will be strengthened.
An armed insurrection against the US government will be repelled by the Police, the National Guard, the military and the Feds because those participating in it will be portrayed just as the Hutaree have been, crazed religious zealots.
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Comment by fireguy on April 2, 2010 at 3:59pm
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The British thought they were the "the single most capable armed aggressor in human history." So did the Babylonians, the Romans, the Nazis, and all tyranical empires throughout history.
They cannot even control Afghanistan and Iraq. What chance do they have in this nation especially when many of those well trained police, soldiers and marines will stand with the people.
No one should have any question that an armed conflict in the United States would be anything but hell on earth and we should do everything to avoid it
I pray every day that we will not experience war again in the U.S. and have no desire to engage in any violent action.
"the only guns I fear are those of criminals..." You have to ask yourself: Who are the criminals?
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Yes, and overthrowing the government could be easily achieved if 25 million Americans marched on Washington and refused to leave until changes were made. A dozen guns, or even 10,000 guns aimed at Uncle Sam is called sedition and treason and it's an offense that invites death, or imprisonment if you're lucky. Brain power wins here, not guns.
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The government isn't going to prevent me from shouting from the rooftops but if I arm myself and point guns at them I'm apt to get shot or arrested, as we see here.
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Comment by Staticmaker on April 2, 2010 at 3:43pm
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tehnically and legally, they should be freed immediately for false imprisonment.l
Dark intentions? We've been led under the leadership of dark intentions for hundreds of years. now it's our turn.
I don't believe the HUTAREE are the only group being formed with these types of intentions in mind right now and they have only themselves to blame. The side of govt knows this and they do indeed have a reason to be afraid. So i think they're trying to make an example out of these guys so others do not even entertain the thought or even question attempting to otherthrow the govt in any way. . We are supposed to overthrow a government if we do not like how it is being run! That's the American way.
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