Feds to appeal release of Mich. militia members

May 6, 2010 at 12:00a.m.

Associated Press

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.