A US federal judge on Monday ordered that nine members of an extremist militia accused of plotting to kill police officers be freed on bond until their trial, saying that prosecutors did not demonstrate that the defendants would pose a danger if released.
The judge, Victoria Roberts of Federal District Court, said the defendants would be subject to home detention, electronic monitoring and curfews. Roberts said they were not allowed to have access to weapons or have contact with one another unless their lawyers were present.
The defendants’ release could be delayed if prosecutors appeal.
The order, overturning rulings made last month, followed more than 10 hours of testimony and arguments, during which Roberts repeatedly asked prosecutors to show that the defendants planned “imminent” attacks against law enforcement. The defendants’ lawyers admitted that some of their clients made “stupid, hateful” comments but said that they were not planning any violence.
“The United States is correct that it need not wait until people are killed before it arrests conspirators,” Roberts wrote in her ruling. “But, the defendants are also correct: Their right to engage in hate-filled, venomous speech is a right that deserves First Amendment protection.”
Last week’s hearing, and Roberts’ decision to grant bond, have raised questions about the government’s case against the militia members, who call themselves Hutaree and trained in rural southern Michigan. Prosecutors presented little evidence and based much of their argument on the idea that the charges were serious enough to deny the defendants bond.
The nine were arrested in late March and charged with seditious conspiracy and attempting to use weapons of mass destruction.
Prosecutors assert that the Hutaree members intended to kill a police officer, then attack other members of law enforcement who came to the officer’s funeral.
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