Stacie L. Patterson Law Blog

Prosecutors filed an appeal to keep Hutaree members jailed, after a judge
ruled to release the group on bond.
 
Initially, prosecutors stated that the public was at risk when U.S. District Judge
Victoria Roberts questioned whether or not a crime had even been committed
regarding the nine members of the Michigan militia, Hutaree.  Arrested
in late March the group has been indicted for various charges
including conspiring to commit sedition and teaching the use of
explosive materials.

After two days and nearly 10 hours of testimony, Judge Roberts said that she
didn't hear an indication that violence was imminent, further stating that the
"mere presence where a crime may be planned is not a crime." 
She then reportedly went on to ask prosecutors how the information added
up to seditious conspiracy.

Defense lawyers working on the case claim that hateful speech is the
basis of the prosecutors case.  Additionally, the defense is seeking
for the judge to look at each defendant individually.  Attorneys point
out that each member of the group was not always present during
"critical" meetings and that the transcripts did not include
instructions for anyone to commit a crime.

The prosecution is making it's case based on recordings and
information an undercover agent amassed when the agent infiltrated the
group.  Assistant U.S. Attorney Ronald Waterstreet quoted part of the
transcript saying "It's now time to strike and take our nation back so
that we may be free again from tyranny. Time is up."  Arthur Weiss,
Indiana attorney for one of the defendants, in return pointed out that
"disgust with the government as recorded by the undercover agent is
similar to what's said daily by radio and TV talk-show hosts Rush
Limbaugh, Glenn Beck and Sean Hannity."  "Millions of people" are
talking about "taking our country back," Weiss said.