US to appeal release of jailed Mich. militia members charged with plotting gov’t overthrow

Feds to appeal release of Mich. militia members

DETROIT — Federal prosecutors said Wednesday they’re appealing the release of nine jailed Michigan militia members charged with wanting to overthrow the government, warning that freeing the defendants could endanger the public.

The U.S. attorney’s office met a deadline to declare whether it would appeal a judge’s order that releases the nine until trial. Prosecutors also urged U.S. District Judge Victoria Roberts to extend her order that stops the defendants from going home while the appeal is pending.

“If the defendants were to flee or to cause even a fraction of the harm they have repeatedly and fervently spoken of and planned for, no ruling by the (appeals court) could undo that damage,” Assistant U.S. Attorney Ronald Waterstreet wrote.

The members of the southern Michigan militia, called Hutaree, are charged with conspiracy to commit sedition, or rebellion, against the government and the attempted use of weapons of mass destruction.

Authorities have said the group planned to kill a police officer and then bomb a subsequent funeral.

Prosecutors claim the suspects are too dangerous to be released from jail. But Roberts on Monday ruled they could go home with many restrictions. She suspended her decision to give the government time to consider an appeal.

Roberts now must decide whether the suspects should be released or whether they should continue to be detained pending the outcome of the appeal. There was no indication when she would rule.

Lawyers for David Stone Jr., the 19-year-old son of militia leader David Stone, 44, noted the judge is requiring electronic monitoring for all defendants.

“This court’s well-reasoned order of release, with its thorough set of conditions, is unlikely to be overturned. … No additional stay should be granted,” Richard Helfrick and Todd Shanker wrote.

Defense attorney Michael Rataj said his client, 44-year-old Tina Stone of Clayton, Mich., is “anxious for a good shower and normal food” after nearly six weeks in jail.

An undercover agent infiltrated the group and secretly recorded some members talking about killing police and fearing a “New World Order.” Defense attorneys have said it was nothing more than hateful talk.

Roberts said it was “offensive and hate-filled speech” but it did not signal a conspiracy to levy war against the government.

It’s rare for a federal appeals court to even be asked to review a ruling on pretrial detention. The 6th U.S. Circuit Court of Appeals in Cincinnati could decline to hear it.

“Judge Roberts did her homework and doesn’t want to be reversed. That’s why her ruling is 36 pages long,” said Lloyd Meyer of Chicago, a former terrorism prosecutor. “Is this a ruling that no reasonable judge could issue? Did the judge abuse her discretion? Those are the questions the appellate court will need to answer.”