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 3:35pm
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No, it's stupid to invite armed aggression, especially armed aggression by the US government, the single most capable armed aggressor in human history. If you can't see that your behavior is inviting the aggressor to your doorstep you're not terribly bright.
I would be asking what behaviors led the police and government alphabet soup of white shoe boys to my doorstep because I guarantee you this, my personal opposition to this government and in fact all governments is unequaled and I'm not shy, I'm a devout Anarchist proudly opposed to every government that ever was, is or intends to be and I voice it loud and clear but I also haven't armed myself to the teeth because the only guns I fear are those of criminals and victims of crimes are statistically low.
If you've armed yourself against government aggression you're poised to fight an UNWINABLE battle, there is absolutely no doubt about that. If anyone thinks they can fight a brief or even protracted war against armored vehicles, helicopters, weapons we don't even know about and an army of trained and dedicated employees on US soil, they're fools.
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Comment by underground militia on April 2, 2010 at 3:01pm
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Falvey said they broke the law by conspiring to oppose the U.S. government by using violence and weapons,
When the people fear their government, there is tyranny; when the government fears the people, there is liberty.
"God forbid we should ever be twenty years without such a rebellion.
The people cannot be all, and always, well informed. The part which is
wrong will be discontented, in proportion to the importance of the facts
they misconceive. If they remain quiet under such misconceptions,
it is lethargy, the forerunner of death to the public liberty. ...
And what country can preserve its liberties, if its rulers are not
warned from time to time, that this people preserve the spirit of
resistance? Let them take arms. The remedy is to set them right as
to the facts, pardon and pacify them. What signify a few lives lost
in a century or two? The tree of liberty must be refreshed from
time to time, with the blood of patriots and tyrants.
It is its natural manure."
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Comment by Jose M. Gonzalez on April 2, 2010 at 2:55pm
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Patriot Act notwithstanding, it is still unlawful to nor be deprived of life, liberty, or property, without due process of law for any person to " ... be deprived of life, liberty, or property, without due process of law..." and a JUDGE is NOT "due process.
These folks have harmed NO-ONE and I guarrantee that the only ones that used firearms were the oppressive feds.
:{ jmg
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Possessing weapons and voicing opposition to the government is not illegal but being really, really stupid should be.
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it was all a distraction to keep media from knowing or talking about the provost marshalls and the coming revolt . be ready for a false flag to further demonize all patriots http://www.youtube.com/watch?v=3dLffJNz2nc
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