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donnay
03-24-2012, 08:04 PM
Deception By Prosecutors May Lead to Mistrial in Hutaree Militia Case

Judge Considering Motion

By Michael Chester

In the latest twist in the Hutaree Militia trial in Detroit’s Federal Court, on Wednesday, defense attorneys made a motion for a mistrial based on the prosecution failing to turn over information concerning the undercover FBI agent who infiltrated the group. The defense attorneys found out earlier this week that agent Steve Haug was the FBI handler for a New Jersey man who was paid to gather information on a white supremacist group beginning in 2003. In this case, which is not connected to the current trial, right wing talk show host and blogger, Hal Turner made threats against public officials and critics while being paid by the FBI.

Under federal law, the government is required to provide the defense with all information which can be used to impeach the testimony of a witness or aid in the defendant’s defense. William Swor, the attorney for Militia leader David Stone said that the prosecution failed to meet their obligations. Though no actual attack occurred, the case hinges on the interpretation of hateful anti-government speech. They are alleged to have conspired to kill a police officer and then to set off bombs at his funeral to kill more police officers. Even in the prosecution’s version, it never progressed beyond the talking stage.

Swor told Federal Judge, Victoria Roberts, “We were cut off from a whole line of investigation.” He contends that the defense had a right to know about Haug’s involvement with the controversial informant in the New Jersey case. Turner was a paid FBI informant from 2003 through 2007 and in 2010 was convicted of making threats against three federal judges. He is currently serving a 33 month prison sentence. He had no part in the Michigan case.

The prosecution had been expected to rest its case on Wednesday, but motions and arguments about Haug took over two hours to complete. Judge Roberts has not ruled on the motion for mistrial as of yet. If she grants the motion, the government would have the option to drop the charges or re-file them and have another trial. Estimates of the actual costs of the current trial exceed a million dollars with the total of the investigation, infiltration, informant payments, raids, incarcerations and trial estimated at over ten million tax dollars.

More: http://www.veteranstoday.com/2012/03/23/deception-by-prosecutors-may-lead-to-mistrial-in-hutaree-militia-case/

phill4paul
03-24-2012, 08:06 PM
Hell yeah! This was a railroad from the beginning.

Anti Federalist
03-24-2012, 09:02 PM
Hell yeah! This was a railroad from the beginning.

A ten million dollar railroad.

Don't you feel safer?

And I remember people giving Alex Jones grief years ago when he was telling people to disregard Hal Turner, that he more than likely was a fed.

coastie
03-24-2012, 09:06 PM
...If she grants the motion, the government would have the option to drop the charges or re-file them and have another trial...



Well gee...I wonder what they are going to do?:rolleyes:

phill4paul
03-24-2012, 09:12 PM
A ten million dollar railroad.

Don't you feel safer?

And I remember people giving Alex Jones grief years ago when he was telling people to disregard Hal Turner, that he more than likely was a fed.

I'll only feel safer if the motion is granted and the Hutaree counter sue and win a multi-million dollar award for miscarriage of justice.

specsaregood
03-24-2012, 09:14 PM
And I remember people giving Alex Jones grief years ago when he was telling people to disregard Hal Turner, that he more than likely was a fed.

in the meantime hannity was good friends with and promoted turner...

Anti Federalist
03-24-2012, 09:29 PM
in the meantime hannity was good friends with and promoted turner...

Yes, yes he was.

oyarde
03-24-2012, 09:32 PM
That is what the dumbass fbi gets for giving my tax dollars to scumbags .All fbi involved should be shit canned.

oyarde
03-24-2012, 09:33 PM
No , shit can the whole fbi ...

donnay
03-24-2012, 09:34 PM
in the meantime hannity was good friends with and promoted turner...

Yep and Hannity emphatically denies it!


http://www.youtube.com/watch?v=YKNGBFCZNYw


Hannity is also friends with Mark Levine too. Hmm...

Titus
03-24-2012, 09:35 PM
This mistake is a very large ethical mistake. I wouldn't be surprised if someone filed an ethics complaint regarding this. There is a legal duty, well known to 99.9% of lawyers, established in the case of Brady v. Maryland. It requires the prosecution to turn over any evidence it intends to use at trial or any relevant, exculpatory evidence.

Hiding evidence doesn't really help. If it's irrelevant and you overdisclose, you have cya because what you disclosed was irrelevant. If you don't disclose, you could be in a load of trouble, like the prosecutor.

The judge, although unlikely, may dismiss with prejudice in some places if the violation was severe enough in some jurisdictions.

oyarde
03-24-2012, 09:39 PM
This mistake is a very large ethical mistake. I wouldn't be surprised if someone filed an ethics complaint regarding this. There is a legal duty, well known to 99.9% of lawyers, established in the case of Brady v. Maryland. It requires the prosecution to turn over any evidence it intends to use at trial or any relevant, exculpatory evidence.

Hiding evidence doesn't really help. If it's irrelevant and you overdisclose, you have cya because what you disclosed was irrelevant. If you don't disclose, you could be in a load of trouble, like the prosecutor.

The judge, although unlikely, may dismiss with prejudice in some places if the violation was severe enough in some jurisdictions. The judge should dismiss , paid fbi informants are not credible, they are being paid for testimony . Is the judge alright with others being paid for testimony ? I would ask...

oyarde
03-24-2012, 11:13 PM
So , any judge who allows paid fbi informant testimony , in , in fact , perfectly fine with people being paid for testimony. Might be time to have alook at some judges bank records as well , maybe , they are being paid to allow paid testimony ??

oyarde
03-24-2012, 11:15 PM
What a wonderful use of my tax dollars , maybe I would be better off to just pay for law students birth control , not really a part of the population I need to see growing ?

Anti Federalist
03-24-2012, 11:58 PM
But but but...these guys were terrorists...

Weirdos running around with guns...

Won't you think of the children???


This mistake is a very large ethical mistake. I wouldn't be surprised if someone filed an ethics complaint regarding this. There is a legal duty, well known to 99.9% of lawyers, established in the case of Brady v. Maryland. It requires the prosecution to turn over any evidence it intends to use at trial or any relevant, exculpatory evidence.

Hiding evidence doesn't really help. If it's irrelevant and you overdisclose, you have cya because what you disclosed was irrelevant. If you don't disclose, you could be in a load of trouble, like the prosecutor.

The judge, although unlikely, may dismiss with prejudice in some places if the violation was severe enough in some jurisdictions.

Titus
03-25-2012, 12:12 AM
So , any judge who allows paid fbi informant testimony , in , in fact , perfectly fine with people being paid for testimony. Might be time to have alook at some judges bank records as well , maybe , they are being paid to allow paid testimony ??

Here, there must be a distinction between bribed and paid for testimony. The former is what people take outrage at. Bribed testimony is paying someone for violating the law by testifying. Paid for testimony is that of experts. Experts have and always will be allowed compensation for expenses and their time.

If the judge suspects one side is supporting perjury, that is a different matter. The judge has some recourse in that matter.

Yet, there is the little the judge can do if the witness fees have been exposed. The judge cannot override the role of the jury in determining what the facts are. If the judge started excluding based on who s/he thought was credible, then the right to a jury would be a nullity.

The only chance where the judge determines the facts is if a motion to suppress is involved or some other trial motion.


But but but...these guys were terrorists...

Weirdos running around with guns...

Won't you think of the children???

I will by allowing them to protect themselves from corrupt cop... I mean terrorist weirdos running around with guns.

tod evans
03-25-2012, 05:10 AM
The law relevant to undercover cops/snitches and "entrapment";

There can be no entrapment if the defendant was "predisposed" to commit the crime. [ fed ruling in the DeLorean coke trial ]

Now here's where "the law" has been twisted to permit cops to get away with whatever they choose....

If the prosecutor can produce a witness that will testify that John Q. smoked a joint in high-school then because of his previous "drug-crime" John Q. is predisposed to import tons of heroin.

Let's delve a bit further into the options available to cops/prosecutors......Poor ol' John Q. has been set up, and an entrapment defense isn't available to him because of his "predisposition" but the feds want to pressure him.....In come the conspiracy laws.....Unknown to John there were full-auto guns on the same boat as the heroin.

Now because John smoked a joint in school he has no viable defense to stand against charges of guns and heroin, even if he never saw either and even if the snitch orchestrated the whole "criminal enterprise".



How does this apply to the militia's trial?

Think about it, if Billy-Bob can be proved to have had "predisposition" he can legally be charged with every element of the "criminal-enterprise" even if it was completely fabricated by the government or its agent (the snitch).

With every new judgement this far-reaching prosecutorial behavior is further cemented "in-law"...

But; It's all for the kids........Or the terrorists.......Or.....Or?

eduardo89
03-25-2012, 06:22 AM
in the meantime hannity was good friends with and promoted turner...

Yeah but Turner served as campaign manager for Murray Sabrin, who Ron Paul endorsed...

pcosmar
03-25-2012, 10:06 AM
But but but...these guys were terrorists...

Weirdos running around with guns...

Won't you think of the children???

You know, when this story broke I was searching their web page for something to dislike about them. Anything to say "yeah well, they were nuts".
There was nothing there (it got defaced pretty quickly by trolls).
They were a small local Militia, and were involved with local LE in Search and Rescue just days before.

The whole thing stinks. and these folks have been locked up for the whole time.

:(

oyarde
03-25-2012, 11:17 AM
I DO NOT REALLY see a difference in bribed or paid for testimony , maybe , that is just me ...

pcosmar
03-25-2012, 11:21 AM
I DO NOT REALLY see a difference in bribed or paid for testimony , maybe , that is just me ...

Actually,, in this case it is closer to manufactured evidence. But paid just the same.

tod evans
03-25-2012, 11:26 AM
I DO NOT REALLY see a difference in bribed or paid for testimony , maybe , that is just me ...


Generally "paid" testimony is from an expert........

Bribed or coerced testimony would be that of a snitch or the like.

In the end it really doesn't matter under the law, a snitch such as in this case is acting as an agent of the government and would be afforded all protections under law that such a position entails.

It ain't right but it's reality and any of us who screamed for more legislation over the years no matter the reason is equally culpable.

tod evans
03-25-2012, 11:30 AM
Actually,, in this case it is closer to manufactured evidence. But paid just the same.

Pete,

Did you read my brief synopsis of "entrapment and conspiracy" earlier?

These guys get away with this shit every day!

It's for the kids/war on terror/war on drugs/etc.......SOSDD

oyarde
03-25-2012, 11:50 AM
Actually,, in this case it is closer to manufactured evidence. But paid just the same. I agree , paid for well with my tax dollars

oyarde
03-25-2012, 11:51 AM
Generally "paid" testimony is from an expert........

Bribed or coerced testimony would be that of a snitch or the like.

In the end it really doesn't matter under the law, a snitch such as in this case is acting as an agent of the government and would be afforded all protections under law that such a position entails.

It ain't right but it's reality and any of us who screamed for more legislation over the years no matter the reason is equally culpable. But , you understand my contempt and that I am opposed ?

tod evans
03-25-2012, 11:53 AM
But , you understand my contempt and that I am opposed ?

Absolutely!

There's nothing I'd like more than to expose these folks to the light of day and hold em' accountable.

Unfortunately it's not likely to happen in my lifetime.

Peace!

hutareedefenselawyer
03-25-2012, 07:55 PM
I can tell you this group of defendants has been ensnared in an outrageous multimillion dollar investigation, arrest, and trial. My
client is the yougest son of David Stone Sr and he is a great kid (seriously, I have two young ones and if they become teens and
young adults as hard working, respectful, and courteous as my client I will be proud father). This while crew is unjustly charged. We have my client, a member if the Fraternal order of police, an ex marine, the leader's tough talking wife... Bottom line:
these defendants questioned authority & spoke out openly & honestly against corrupt law enforcement (like those who investigated
and prosecuted them). All should be acquitted of the conspiracy charges. We will find outsoon what happens.
Tomorrow we argue Motions for Judgment if Acquittal.

Anti Federalist
03-25-2012, 08:01 PM
I can tell you this group of defendants has been ensnared in an outrageous multimillion dollar investigation, arrest, and trial. My
client is the yougest son of David Stone Sr and he is a great kid (seriously, I have two young ones and if they become teens and
young adults as hard working, respectful, and courteous as my client I will be proud father). This while crew is unjustly charged. We have my client, a member if the Fraternal order of police, an ex marine, the leader's tough talking wife... Bottom line:
these defendants questioned authority & spoke out openly & honestly against corrupt law enforcement (like those who investigated
and prosecuted them). All should be acquitted of the conspiracy charges. We will find outsoon what happens.
Tomorrow we argue Motions for Judgment if Acquittal.

Thank you for checking in with us and thanks for defending these folks.

Godspeed.

Anti Federalist
03-25-2012, 08:10 PM
You know, when this story broke I was searching their web page for something to dislike about them. Anything to say "yeah well, they were nuts".
There was nothing there (it got defaced pretty quickly by trolls).
They were a small local Militia, and were involved with local LE in Search and Rescue just days before.

The whole thing stinks. and these folks have been locked up for the whole time.

:(

That's because this has been "dead lettered" for years now, along with most of the rest:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

oyarde
03-25-2012, 09:34 PM
I can tell you this group of defendants has been ensnared in an outrageous multimillion dollar investigation, arrest, and trial. My
client is the yougest son of David Stone Sr and he is a great kid (seriously, I have two young ones and if they become teens and
young adults as hard working, respectful, and courteous as my client I will be proud father). This while crew is unjustly charged. We have my client, a member if the Fraternal order of police, an ex marine, the leader's tough talking wife... Bottom line:
these defendants questioned authority & spoke out openly & honestly against corrupt law enforcement (like those who investigated
and prosecuted them). All should be acquitted of the conspiracy charges. We will find outsoon what happens.
Tomorrow we argue Motions for Judgment if Acquittal. Godspeed!

oyarde
03-25-2012, 09:36 PM
That's because this has been "dead lettered" for years now, along with most of the rest:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Excessive fines applies to any current fine of any govt fine of any kind that is more than an avg days wages. Rampant throughout the country and criminal , against the intent of the Founders.

onlyrp
03-25-2012, 09:47 PM
Is Hutaree a good guys group that was wrongly accused, or a bad guys group we should stay away from?

Anti Federalist
03-25-2012, 11:01 PM
Is Hutaree a good guys group that was wrongly accused, or a bad guys group we should stay away from?

So, you're saying if they were "bad guys" they deserved to have due process ripped from them and imprisoned unjustly?

From everything that I read they were "good guys".

oyarde
03-25-2012, 11:14 PM
Is Hutaree a good guys group that was wrongly accused, or a bad guys group we should stay away from? It does not matter , really , if you think about it. I would do anything I could to help you if you are imprisoned by fbi and paid informants ( who are normally bigger scumbags than those they currently snitch and lie on ) in the same circumstances regardless if I was unsure if you were good or bad . Principle. I am old school , I still believe in that . I am not for sale !

Indy Vidual
03-25-2012, 11:14 PM
...with the total of the investigation, infiltration, informant payments, raids, incarcerations and trial estimated at over ten million tax dollars.



Epic win for the Feds; They got well over ten million dollars worth of anti-patriot propaganda from the whole deal.


http://www.youtube.com/watch?v=Uyak-E5gTAY


http://www.youtube.com/watch?v=IQKiCNbotRk

oyarde
03-25-2012, 11:18 PM
This judge has an oppurtunity to do the right thing .........

onlyrp
03-25-2012, 11:25 PM
So, you're saying if they were "bad guys" they deserved to have due process ripped from them and imprisoned unjustly?

From everything that I read they were "good guys".

No not at all. Bad guys still deserve a fair trial.

onlyrp
03-25-2012, 11:29 PM
It does not matter , really , if you think about it. I would do anything I could to help you if you are imprisoned by fbi and paid informants ( who are normally bigger scumbags than those they currently snitch and lie on ) in the same circumstances regardless if I was unsure if you were good or bad . Principle. I am old school , I still believe in that . I am not for sale !

I think it matters. If they are actually bad guys, or specifically, criminals who did something illegal, or plan on it. I sure hope its not only the FBI or paid informants that are getting them arrested. Don't provacateurs and troublemakers deserve to be locked up if they're trying to hurt people or discredit good people? "Paid informants", snitches, traitors and spies are useless unless they have probable cause, or something solid. And if there's something actionable, would you keep silent?

You don't need to answer me here, just think about it. If somebody was going to do something illegal, you know about it, and don't speak out, don't you think they're setting you up themselves? Or at the best case, if they're caught, you're an accomplice?

onlyrp
03-25-2012, 11:32 PM
Epic win for the Feds; They got well over ten million dollars worth of anti-patriot propaganda from the whole deal.


honestly, me think not. Most people have already forgotten about them. The only people who still know the name Hutaree are anti-gun watchdogs (like our favorite SPLC), and militias, or patriots. In other words, only people who already hate them (or already interested in militias) remember this case, most people don't know or care.

oyarde
03-25-2012, 11:36 PM
I think it matters. If they are actually bad guys, or specifically, criminals who did something illegal, or plan on it. I sure hope its not only the FBI or paid informants that are getting them arrested. Don't provacateurs and troublemakers deserve to be locked up if they're trying to hurt people or discredit good people? "Paid informants", snitches, traitors and spies are useless unless they have probable cause, or something solid. And if there's something actionable, would you keep silent?

You don't need to answer me here, just think about it. If somebody was going to do something illegal, you know about it, and don't speak out, don't you think they're setting you up themselves? Or at the best case, if they're caught, you're an accomplice? No , I see your point , But , I imagine you are young , principled and pure of heart . You may not understand how it really works . The Fbi AND THE SCUMBAG PAID INFORMANTS Manufacture bad guys , they cannot really catch a real one . They take innocent people and make them guilty . Your tax dollars at work .

onlyrp
03-25-2012, 11:39 PM
No , I see your point , But , I imagine you are young , principled and pure of heart . You may not understand how it really works . The Fbi AND THE SCUMBAG PAID INFORMANTS Manufacture bad guys , they cannot really catch a real one . They take innocent people and make them guilty . Your tax dollars at work .

maybe I'm naive. but by manufacture, you mean entrap and induce? or flat out trump up charges on something they didn't do?

The former, I don't care, they did it. But the latter, wouldn't that have to come out in a courtroom? Granted, they can plant evidence and the judge can conspire, but if they actually go that far, what have we to go by that they're innocent?

oyarde
03-25-2012, 11:40 PM
Well Homeland Security did get all that money to buy sno cone machines with in Michigan counties ...... maybe they can start a sno cone for an eight year old snitch gestapo program with my tax money , yeah , that is it , really wants to make me keep contributing ...

oyarde
03-25-2012, 11:42 PM
maybe I'm naive. but by manufacture, you mean entrap and induce? or flat out trump up charges on something they didn't do?

The former, I don't care, they did it. But the latter, wouldn't that have to come out in a courtroom? Granted, they can plant evidence and the judge can conspire, but if they actually go that far, what have we to go by that they're innocent? Yeah , your first sentence is what I mean , that is the normal MO .

oyarde
03-25-2012, 11:45 PM
I think it matters. If they are actually bad guys, or specifically, criminals who did something illegal, or plan on it. I sure hope its not only the FBI or paid informants that are getting them arrested. Don't provacateurs and troublemakers deserve to be locked up if they're trying to hurt people or discredit good people? "Paid informants", snitches, traitors and spies are useless unless they have probable cause, or something solid. And if there's something actionable, would you keep silent?

You don't need to answer me here, just think about it. If somebody was going to do something illegal, you know about it, and don't speak out, don't you think they're setting you up themselves? Or at the best case, if they're caught, you're an accomplice? Something illegal / that is diferent from right and wrong and liberty.....

oyarde
03-25-2012, 11:51 PM
maybe I'm naive. but by manufacture, you mean entrap and induce? or flat out trump up charges on something they didn't do?

The former, I don't care, they did it. But the latter, wouldn't that have to come out in a courtroom? Granted, they can plant evidence and the judge can conspire, but if they actually go that far, what have we to go by that they're innocent? Look at the charges and evidence in this case .Ridiculous and there are many others like it.

oyarde
03-25-2012, 11:57 PM
maybe I'm naive. but by manufacture, you mean entrap and induce? or flat out trump up charges on something they didn't do?

The former, I don't care, they did it. But the latter, wouldn't that have to come out in a courtroom? Granted, they can plant evidence and the judge can conspire, but if they actually go that far, what have we to go by that they're innocent? The arrests and imprisonment usually stem from , as you say" something they didn't do " , but what they claim they were going to do , which in reallity was only a suggestion from the informant who has been paid thousads for this . You decide , I do not have to .

tod evans
03-26-2012, 03:23 AM
I can tell you this group of defendants has been ensnared in an outrageous multimillion dollar investigation, arrest, and trial. My
client is the yougest son of David Stone Sr and he is a great kid (seriously, I have two young ones and if they become teens and
young adults as hard working, respectful, and courteous as my client I will be proud father). This while crew is unjustly charged. We have my client, a member if the Fraternal order of police, an ex marine, the leader's tough talking wife... Bottom line:
these defendants questioned authority & spoke out openly & honestly against corrupt law enforcement (like those who investigated
and prosecuted them). All should be acquitted of the conspiracy charges. We will find outsoon what happens.
Tomorrow we argue Motions for Judgment if Acquittal.

Welcome to the forums.

I wish you and your client as well as his co-defendants the very best in court today!

tod evans
03-26-2012, 04:12 AM
I think it matters. If they are actually bad guys, or specifically, criminals who did something illegal, or plan on it. I sure hope its not only the FBI or paid informants that are getting them arrested. Don't provacateurs and troublemakers deserve to be locked up if they're trying to hurt people or discredit good people? "Paid informants", snitches, traitors and spies are useless unless they have probable cause, or something solid.

Whew......

I suppose your post is based on the premise that the feds are "good" and their targets are "bad"...

Although morally repugnant it is "legal" for the government to stage circumstances and use agents to entice alleged criminal behavior from anyone they suspect might commit a crime.

The conspiracy laws as they stand permit government agents to actually commit the overt criminal act and then charge the suspect with conspiracy.

In these circumstances "the agent" is never charged with the actual crime the conspiracy revolves around and the suspect must beat the very high legal hurdle of "predisposition" before he may even claim entrapment.

The cops and prosecutor decide who will be charged with what and you can bet your ass they have legal precedence to support the charges.

A trial judge does have some latitude as to what evidence and which legal theories they permit a jury to hear....BUT...Given that the judge-prosecutor and cops all work together every day and draw their paychecks from the same coffers, do you really think mere "moral repugnance" will be permitted to stand in the way of prosecution?

Keep in mind federal judges sit for life, the US attorney is appointed and you can bet an assistant with high ambitions is actually prosecuting this case.....So no one in the governments camp has anything to loose other than headlines.

tod evans
03-26-2012, 03:25 PM
Any news?





I can tell you this group of defendants has been ensnared in an outrageous multimillion dollar investigation, arrest, and trial. My
client is the yougest son of David Stone Sr and he is a great kid (seriously, I have two young ones and if they become teens and
young adults as hard working, respectful, and courteous as my client I will be proud father). This while crew is unjustly charged. We have my client, a member if the Fraternal order of police, an ex marine, the leader's tough talking wife... Bottom line:
these defendants questioned authority & spoke out openly & honestly against corrupt law enforcement (like those who investigated
and prosecuted them). All should be acquitted of the conspiracy charges. We will find outsoon what happens.
Tomorrow we argue Motions for Judgment if Acquittal.

ghengis86
03-27-2012, 08:58 PM
Yes, the most serious charges (conspiracy, sedition, inciting a rebellion) were dropped for all the accused. Some weapons charges still stand for some of the accused. A couple had all charges dismissed entirely. I think one plead guilty to a lesser weapons charge.

All in all, the government has egg on it's face, especially after Head Criminal Holder made such a big deal about them.

ghengis86
03-27-2012, 09:02 PM
Seven members of a Michigan militia were acquitted Tuesday of all major charges – including sedition and conspiring to use a weapon of mass destruction – after a federal judge said the prosecution failed to show the group posed a credible threat to the US government.

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“The government’s case is built largely of circumstantial evidence. While this evidence could certainly lead a rational factfinder to conclude that ‘something fishy’ was going on, it does not prove beyond a reasonable doubt … [the militia members] … reached a concrete agreement to forcibly oppose” the government, wrote US District Judge Victoria Roberts.

The acquittal arrives almost two years after nine members of the Hutaree militia were arrested in Michigan, Ohio, and Indiana. FBI intelligence suggested the group was planning to kill a local police officer, then to attack the subsequent funeral procession to spark a wider militia uprising against the government.

What do you know about the Second Amendment? Take our quiz.

In their raids, the agency confiscated machine guns, assault rifles, and explosive devices. An informant recorded David Stone Sr., the group’s leader, talking of plans to “go to war” against police officers and their families.

Judge Roberts said that the prosecution could not adequately determine the specifics of the group’s plans, and that it was never proven that the plot was real and not just idle talk. “The evidence of the necessary next step – a retreat to rally points from where the larger uprising would occur – is wholly lacking,” she wrote.

The judge’s decision is a lesson that speech, however disturbing, is protected, says Peter Henning, a law professor at Wayne State University in Detroit.

“The message to the FBI is, when you talk about potentially political speech, you better make sure it moved well outside of that realm and much closer to criminal conduct,” Mr. Henning says.

The trial will continue against Mr. Stone and Joshua Stone, his son, based on lesser weapons charges.

Henning says it would be misguided for groups with more sinister goals than the Hutaree to see this as a legal victory. Instead, he says, the acquittal results from the Michigan group’s clear disorganization to follow up their words with a precise plan of action.

“Certainly the fringe groups or the militia groups are going to claim that this is some type of immunity, but that’s reading too much into this,” he says. “This was almost a gang that couldn’t shoot straight.”

Prosecutors can’t appeal Roberts’s decision because she ordered the acquittals despite the presence of a jury, which creates a double jeopardy situation that protects the defendants from the possibility of a second trial. However, the state of Michigan has the option to press separate charges.*

http://www.csmonitor.com/USA/2012/0327/Hutaree-militia-acquitted-of-plot-to-foment-revolution

pcosmar
03-27-2012, 10:32 PM
Good news.
I wonder how much this travesty cost?

I also wonder if they are going to pay those who were falsely accused for the time they have been unjustly imprisoned.
or for the cost of their defense?

They are still a couple weapon charges that are very likely just as manufactured,, but good news all in all.

http://www.foxnews.com/us/2012/03/27/charges-dismissed-in-michigan-militia-case/


Militia members cleared of all charges were Stone's wife, Tina Stone, and his son, David Stone Jr.; Thomas Piatek, Michael Meeks and Kris Sickles.

donnay
03-27-2012, 10:51 PM
Update:

Michigan militia members cleared of conspiracy

By ED WHITE (http://hosted.ap.org/dynamic/stories/U/US_FBI_RAIDS_MILITIA?SITE=NCAGW&SECTION=HOME&TEMPLATE=DEFAULT)
Associated Press

DETROIT (AP) -- A federal judge on Tuesday gutted the government's case against seven members of a Michigan militia, dismissing the most serious charges in an extraordinary defeat for federal authorities who insisted they had captured homegrown rural extremists poised for war.

U.S. District Judge Victoria Roberts said the members' expressed hatred of law enforcement didn't amount to a conspiracy to rebel against the government. The FBI had secretly planted an informant and an FBI agent inside the Hutaree militia starting in 2008 to collect hours of anti-government audio and video that became the cornerstone of the case.

"The court is aware that protected speech and mere words can be sufficient to show a conspiracy. In this case, however, they do not rise to that level," the judge said on the second anniversary of raids and arrests that broke up the group.

Roberts granted requests for acquittal on the most serious charges: conspiring to commit sedition, or rebellion, against the U.S. and conspiring to use weapons of mass destruction. Other weapons crimes tied to the alleged conspiracies also were dismissed.

"The judge had a lot of guts," defense attorney William Swor said. "It would have been very easy to say, `The heck with it,' and hand it off to the jury. But the fact is she looked at the evidence, and she looked at it very carefully."

The trial, which began Feb. 13, will resume Thursday with only a few gun charges remaining against militia leader David Stone and son Joshua Stone, both from Lenawee County, Mich. They have been in custody without bond for two years.

Prosecutors said Hutaree members were anti-government rebels who combined training and strategy sessions to prepare for a violent strike against federal law enforcement, triggered first by the slaying of a police officer.

But there never was an attack. Defense lawyers said highly offensive remarks about police and the government were wrongly turned into a high-profile criminal case that drew public praise from U.S. Attorney General Eric Holder, who in 2010 called Hutaree a "dangerous organization."

David Stone's "statements and exercises do not evince a concrete agreement to forcibly resist the authority of the United States government," Roberts said Tuesday. "His diatribes evince nothing more than his own hatred for - perhaps even desire to fight or kill - law enforcement; this is not the same as seditious conspiracy."

U.S. Attorney Barbara McQuade declined to comment. Two years ago, when militia members were arrested, she said it was time to "take them down."

The FBI had put a local informant, Dan Murray, inside the militia in 2008 and paid him $31,000. An FBI agent from New Jersey also was embedded. Steve Haug, known as "Jersey Steve," posed as a trucker and spent months secretly recording talks with Stone. He even served as Stone's best man at his wedding, a celebration with militia members wearing military fatigues.

Haug repeatedly talked to Stone about building pipe bombs and getting other sophisticated explosives. The FBI rented a warehouse in Ann Arbor where the agent would invite him and others to store and discuss weapons.

Haug told jurors he was "shocked" by Stone's knowledge of explosives, noting it matched some of his own instruction as a federal agent.

Stone was recorded saying he was willing to kill police and even their families. He considered them part of a "brotherhood" - a sinister global authority that included federal law enforcers and United Nations troops.

He had bizarre beliefs: Stone suspected Germany and Singapore had aircraft stationed in Texas, and thousands of Canadian troops were poised to take over Michigan. He said the government put computer chips in a flu vaccine.

He had a speech prepared for a regional militia gathering in Kentucky in 2010, but bad weather forced him and others to return to Michigan. Instead, he read it in the van while a secret camera installed by the FBI captured the remarks.

"It is time to strike and take our nation back so that we may be free again from tyranny," Stone said. "Time is up, God bless all of you and welcome to the new revolution."

Swor said Stone is a Christian who was bracing for war against the Antichrist.

"This is not the United States government. This is Satan's army," Swor told the judge Monday, referring to the enemy.

Militia members cleared of all charges were Stone's wife, Tina Stone, and his son, David Stone Jr.; Thomas Piatek, of Whiting, Ind.; Michael Meeks, of Manchester, Mich.; and Kris Sickles, of Sandusky, Ohio.

"It's hard to believe it's over," said Tina Stone, crying as she spoke by phone. "Thank God we live in a country where we do have freedom of speech."

Joshua Clough, of Blissfield, Mich., pleaded guilty to a weapons charge in December and awaits his sentence. Jacob Ward, of Huron, Ohio, will have a separate trial.

specsaregood
03-27-2012, 10:58 PM
good news indeed

oyarde
03-27-2012, 11:19 PM
The weapons charges and all others were manufactured , these people should be reimbursed for lost wages out of fbi salaries.

donnay
03-27-2012, 11:42 PM
"Michigan militia members cleared of conspiracy"

This just proves the government are Conspiracy theorists!!

helmuth_hubener
03-27-2012, 11:53 PM
The entire FBI is completely useless counter-productive destructive to civilization and it is imperative that the whole thing be eliminated immediately.

dannno
03-28-2012, 12:32 AM
t
I can tell you this group of defendants has been ensnared in an outrageous multimillion dollar investigation, arrest, and trial. My
client is the yougest son of David Stone Sr and he is a great kid (seriously, I have two young ones and if they become teens and
young adults as hard working, respectful, and courteous as my client I will be proud father). This while crew is unjustly charged. We have my client, a member if the Fraternal order of police, an ex marine, the leader's tough talking wife... Bottom line:
these defendants questioned authority & spoke out openly & honestly against corrupt law enforcement (like those who investigated
and prosecuted them). All should be acquitted of the conspiracy charges. We will find outsoon what happens.
Tomorrow we argue Motions for Judgment if Acquittal.


http://www.youtube.com/watch?v=XVekJTmtwqM

oyarde
03-28-2012, 12:36 AM
Well onlyrp , what say you ? do you believe me now ? i WILL never steer you wrong ...

Pericles
03-28-2012, 12:41 AM
Best news I heard all day.

oyarde
03-28-2012, 12:43 AM
I am penitent , I will lay off lawyer and judge jokes ( to the best of my ability ) through Easter Sun ,

tod evans
03-28-2012, 05:25 AM
Hallelujah!

This is great news!

A federal judge with a conscience, wow!

phill4paul
03-28-2012, 05:36 AM
Good news.
I wonder how much this travesty cost?

I also wonder if they are going to pay those who were falsely accused for the time they have been unjustly imprisoned.
or for the cost of their defense?

They are still a couple weapon charges that are very likely just as manufactured,, but good news all in all.

http://www.foxnews.com/us/2012/03/27/charges-dismissed-in-michigan-militia-case/

This was my first thought. What price does one put on two years of unjust incarceration?

tod evans
03-28-2012, 05:47 AM
This was my first thought. What price does one put on two years of unjust incarceration?

Repeal the immunity laws and make the agents and prosecutor financially liable for their conduct just as we are and this behavior would stop.

donnay
03-28-2012, 08:13 AM
Repeal the immunity laws and make the agents and prosecutor financially liable for their conduct just as we are and this behavior would stop.

Of course that will NEVER happen--they are our lords and masters don't you know?

tod evans
03-28-2012, 08:26 AM
Of course that will NEVER happen--they are our lords and masters don't you know?

But......but.........I like my little bubble where every person is responsible for their actions, what's it called?

Personal responsibility...



[edit]

I'm really surprised at the judge in this case, it wouldn't hurt to shoot for the moon and file a brief asking for sanctions.

pcosmar
03-28-2012, 01:38 PM
bump,, for those missing it.

donnay
03-28-2012, 01:57 PM
Flashback:

http://www.youtube.com/watch?v=cgCNicu41n8


http://www.youtube.com/watch?v=6E16rimuS1w

As Predicted, FBI Agent Discovered at Center of Alleged Hutaree Conspiracy

Kurt Nimmo
http://www.infowars.com
March 31, 2010

On Monday we asked you to count the hours before links to the feds emerged on this one turns out it was 48.

The FBI had an informant inside the Hutaree group and he participated in the alleged conspiracy to kill law enforcement officers, according to The Wall Street Journal today.

In sworn testimony, Thomas William Piatek is described as a Cooperating Witness and an undercover FBI agent.

Thomas William Piatek is pictured at the bottom right. It is interesting to note that, unlike the other suspects, he appears not to be wearing a jail uniform.

A spokesperson at the FBIs Detroit office declined to comment on the undercover agent and any role such an agent may have had in the investigation. A spokesman at the Justice Department in Washington also declined to discuss specifics of the investigation, the Journal reports.

It is not surprising that the FBI had penetrated the Hutaree group and an agent was apparently at the center of the alleged conspiracy. In fact, it is part of a well established pattern.

On March 20, Infowars.com reported on allegations that a federal agent acted as a provocateur in the New York synagogue bombing conspiracy case. Defense attorneys in the case argued in court that the plot was hatched and directed by a federal informant.

They said the informant badgered the defendants until they got involved in the plot, NBC New York reported. They said the informant chose the targets, supplied fake bombs for the synagogues and a fake missile to shoot down planes. The motion said he also offered to pay the defendants, who attorneys alleged werent inclined toward any crime until the informant began recruiting them.

This whole operation was a foolish waste of time and money, Terence Kindlon, a defense lawyer who represented a client in the New York synagogue case, told the Times Online. It is almost as if the FBI cooked up the plot and found four idiots to install as defendants.

Defendants in the New Jersey Fort Dix Army terror case painted a similar picture. The only terrorist conspiracy was one planted and nurtured by the informant, declared defense attorney Rocco Cip during the trial. The FBIs role in the case was admitted by a provocateur. The FBI informant paid to infiltrate a band of suspected terrorists in South Jersey said yesterday that he offered to organize their attack on U.S. soldiers, but only because he wanted to build trust and find out more about the group, the Star-Ledger reported on November 11, 2008.

In Miami, the FBI case against the so-called Miami Seven came apart at the seams when it was discovered a government provocateur provided money, video cameras for conducting surveillance, cellphones, and suggested that the patsies target the Miami FBI office.

In 2009, it was discovered that supposed white supremacist and radio talk show host Hal Turner was a National Security Intelligence asset, a fact admitted by the third highest ranking FBI official in New York City. During a second trial held this year, Turner described how he was recruited in 2003 by the FBIs Newark-based Joint Terrorism Task Force. He said he was paid in excess of $100,000 by the FBI during his almost five years as an informant.

According to research conducted by Alexandra Natapoff of Loyola Law School in Los Angeles, the FBI maintains an army of at least 15,000 confidential informants, while the DEA admits to having 4,000 snitches. But the number of informants working directly for the Feds is probably only a tiny fraction of the entire stukachi [a Russian epithet used to describe a secret police informant] population, given the uncounted masses of snitches working for state and local police agencies, writes William Norman Grigg of the Pro Libertate blog.
http://www.prisonplanet.com/as-predicted-fbi-agent-discovered-at-center-of-al...

pcosmar
03-28-2012, 02:11 PM
Flashback:


He also had a couple guys from the Michigan Militia on..

That was enlightening. It was the Michigan Militia that sicked the FEDs on them in the first place.

be careful of who you are trusting.

donnay
03-28-2012, 02:44 PM
He also had a couple guys from the Michigan Militia on..

That was enlightening. It was the Michigan Militia that sicked the FEDs on them in the first place.

be careful of who you are trusting.

Yes indeed we must be careful of whom we trust.

After Oklahoma city, the real militia's went underground. Have you ever heard of Bob Fletcher? He was a founding member of MOM, the Militia of Montana. You ought to check out his information.

http://bobfletcherinvestigations.com/Products.html




http://www.youtube.com/watch?v=rglWdkYlSPg

http://www.youtube.com/watch?v=rglWdkYlSPg

Part 2 and 3 is posted too.