DETROIT — A judge on Monday ordered the release of nine jailed members of a Michigan militia, saying there is no risk to the public if they go home while awaiting trial on charges of trying to plot war against the government.
U.S. District Judge Victoria Roberts overturned the April 2 decision of a federal magistrate judge and questioned the strength of the government’s case. She said all nine can be released with electronic monitoring devices and other strict conditions.
They are being held in county jails in southeastern Michigan and won’t go free until today, after they return to court to be processed, the U.S. Marshals Service said.
The government says the members of a southern Michigan militia called Hutaree are radicals who planned to kill police officers and more. They were charged in March with conspiracy to commit sedition and attempted use of weapons of mass destruction.
Defense attorneys, however, say it’s just a case of irrational, hateful speech.
The government “need not wait until people are killed before it arrests conspirators,” the judge said. “But the defendants are also correct: Their right to engage in hate-filled, venomous speech is a right that deserves First Amendment protection.”
Roberts said prosecutors failed to show that jail was the only way to protect the public and ensure that the nine return for court hearings. She had heard nearly 10 hours of testimony and argument over two days last week as militia members appealed the earlier detention order.
“Discussions about killing local law enforcement officers — and even discussions about killing members of the judicial branch of government — do not translate to conspiring to overthrow, or levy war against, the United States government,” the judge said Monday.
U.S. Attorney Barbara McQuade said an appeal was being considered.
