AP story on the Hutaree release:

Judge: 9 militia members charged with plotting against US can go free while awaiting trial
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DETROIT (AP) — A judge ordered on Monday that nine jailed members of a Michigan militia be released, saying there’s 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.
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Prosecutors “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 way against, the United States government,” the judge said Monday.