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Leonard Zeskind

Leonard Zeskind

Posted: March 30, 2010 04:44 PM

The Hutaree Militia & the Charge of Seditious Conspiracy

What's Your Reaction:

Eight men and one woman from the Hutaree militia have been charged in an Eastern Michigan federal court, according to a recently released indictment. If the charges are to be believed, they apparently planned to kill a lawman and then set up IED's to subsequently kill even more people in the funeral procession. If I am correctly reading between the lines of the indictment, an as yet unnamed person probably provided the information the feds needed to make arrests. In any case, someone is going to have to stand up in open court and testify about this plot. And in order for the feds to get a conviction on counts four and five, "carrying ... a firearm during ... a crime of violence," those witnesses will have to be believable and convincing to the average Michigan juror. The same will hold true for counts two and three, which are also weapons and explosives related charges.

To win the first count, a charge of seditious conspiracy, however, prosecutors will need much more than a good witness. As I describe it in my book, Blood and Politics: The History of the White Nationalist Movement from the Margins to the Mainstream (pp. 144 - 171), the federal government has never won a sedition case against militia-types, white supremacists, or neo-Nazis. Since World War One, they have won numerous seditious conspiracy cases against Puerto Rican independentistas, communists and others on the left. But no one on the radical right has ever been convicted of plotting to overthrow by force of arms the government of the United State of America.

Not that federal prosecutors haven't tried.

During World War Two, two sets of indictments were brought against as many as thirty people with sympathies for the Axis powers. The first one was dropped shortly after it was made. A second set of charges were thrown out of court in 1943. Finally, in 1944, 28 leaders from the Silvershirts, the German-American Bund, the Defenders of the Christian Faith and other National Socialist types were brought to trial in Washington D.C. on charges of sedition. The trial ended after eight months, however, when the judge died. Neither the Roosevelt nor Truman administration re-tried the case.

A second attempt occurred in 1988, when fourteen members of The Order, Aryan Nations, Posse Comitatus and the Covenant Sword and Arm of the Lord faced a mélange of charges -- including seditious conspiracy. The three month trial in Ft. Smith, Arkansas ended in acquittals all around. Simply put, the federals had unbelievable witnesses, a jury with more sympathy for the white supremacists than the prosecutor, and an inept case from start to end.

More significant for the militia case at hand, in order for the prosecution to prove a case of seditious conspiracy they need something more than wild talk and gun charges. They need to be able to prove that these conspiracy-besotted gun nuts had imminent plans to cross the line from speech to sedition.

Now the federal government had less than that when they won convictions of labor militants after World War One and Communist Party members in the 1950s. And the independentistas simply aimed to get the United States government out of their island nation of Puerto Rico, not overthrow it entirely.

Perhaps the government will win the seditious conspiracy case in Michigan, after all. If so, it will be a first.

 
 
 
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HUFFPOST PUNDIT
KriTiKiT
Says"play nice"
11:12 PM on 03/31/2010
the federal government needs to win this case based off the facts, this was not a militia group, they actually created hit lists and planed to assassinate police officers and there families. militias don't plan, they are just ready when the problem comes to there door. they assist officials to defend the country. What hutaree did is sedition and conspiracy to commit treason, and assault and premeditated cold blooded murder on innocent men, women, and children, to spark a "revolution" based off the perception that "jesus is a warlord". that is not free speech,they all should be taken in to trial... what they planed to do was draw fire and create a problem where the Michigan militia was to be put on the spot to join or be raided... I keep hearing that folks say these people are harmless. the Stones planed to cause a domino effect, that could have turned out really bad for everyone in the county he lived in.
folks who talk about conspiracy and believe the government is always out to get you"shoot first ask questions later" leads reasonable citizens to request the assault rifle bans to defend them selves from irresponsible rhetoric that may become real. Hutaree is one of many groups that scare people in to legislation for assault rifle bans. you shouldn't march around shooting things and trying to openly incite uneducated folks to share your delusions. Or preach about who's gotta be wiped off the face of the planet...
HUFFPOST PUNDIT
realitytrumpsbull
Two 'alves of coconut!
10:09 PM on 03/31/2010
I think the phenomenon of violent political/religious nuttiness is far from confined to our shores, if you read the news from overseas, in some countries, that stuff is all the rage. So, how do you prevent that kind of stuff from spreading in the United States? Mainly, through education, but also through law enforcement. When people start rallying around a flag(doesn't matter WHICH flag), and start getting out the religious literature, and harping about values and arming themselves with the word of (Deity) as well as other things,maybe it's time to review what kind of good that stuff has really done us in the past. It's how the Crusades were fought, Christians/europeans vs. the Moors/Muslims, all that jazz. Well, this is the 21st century, and the United States today is a polyglot, polyethnic, polythestic wonderland, in which we all CAN get along, if we put our hearts, and our minds to it. I think any true Christian worth their bible verse would be adamantly against this kind of stuff, maybe if more of them started speaking up and making themselves heard, this particular 'herd' would seek the advice of their peers, rather than sowing the seeds of anger and divisiveness etc.
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HUFFPOST SUPER USER
raker
06:14 PM on 03/31/2010
I've always thought it was pathetic that the Republican gun nuts believe that, with their little piles of guns, they'll be able to fight off the US government when it comes to their cabins in Beanfart, Michigan to fly them in black helicopters to reeducation camps. But this little band of dimwits thinking they alone would overthrow the government would be funny if they weren't so dangerous.
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HUFFPOST SUPER USER
Tim303
04:26 PM on 03/31/2010
Terror from Within is a pretty neat documentary (2002) about McVeigh, who trained at Elohim city in Arkansas.
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LMPE
I connect the most dissimilar things
04:15 PM on 03/31/2010
Charges of sedition should also get brought against Rush Limbaugh (who called on Honduras's military junta to invade the US) and Sarah Palin (who uses gun-themed language in reference to politicians).
08:33 PM on 03/31/2010
I've been saying that for a long time; unfortunately they got bucks behind them
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Buckeye54
...the One your mom warned you about!
03:29 PM on 03/31/2010
If they bring these people to trial, they should make sure that every second of their trial is televised.
If any of these alleged seditionists are stupid to take the stand in their own defense, I hope the prosecutor is skillful enough to draw out their theories and show how stupid and ignorant these people truly are.
Well, actually, they're so stupid I doubt the prosecutor will have to be Perry Mason.
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HUFFPOST SUPER USER
Tim303
04:25 PM on 03/31/2010
No doubt.
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HUFFPOST SUPER USER
Willow712
democratic socialst
03:13 PM on 03/31/2010
It has been said that there is a picture of 18 Hutarees in camo with guns. Where are the other 9? I think, to be safe, they should pick up the rest of these losers.
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porsche996
an inelastic scattering of photons
03:29 PM on 03/31/2010
And their children....put them in the FEMA camps.
HUFFPOST SUPER USER
kctoad
02:59 PM on 03/31/2010
The first thing these anti-government thugs did was to ask for public defenders. Isn't it nice that they will have these government-paid lawyers fighting for their rights. Do you think they realize that this would not happen under a tyrannical dictator. Essentially that is what they want; yet they are more than willing to accept this goernment help.
11:58 PM on 03/31/2010
Of course. It's a sad day in America when a person lacks the ideological discipline to over throw the government for ideological reasons. No one on the far right walks the walk any more.
10:14 AM on 04/01/2010
The first thing these anti-government thugs did was to ask for public defenders. Isn't it nice that they will have these government-paid lawyers fighting for their rights.

Of course.

"I whaant mah cuntree baaak, an keep yo gummint hands off mah Medicaya."
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HUFFPOST SUPER USER
EndRacismNow
"Diversity is our greatest Strength"
02:58 PM on 03/31/2010
It's pretty convenient timing to arrest these country bumpkins right after the health care bill passing. These people look like they have a collective IQ of 48.
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porsche996
an inelastic scattering of photons
02:58 PM on 03/31/2010
The Government will not prevail. An AUSA these days can get an indictment of a cheese sandwich...but getting a conviction? Unlikely in the extreme, as you make clear.

What is disturbing to me in this case is that this may be just a cynical ploy to play the media card and in that sense the government has completely won the case without a trial. These defendants have been announced and pronounced guilty. The MSM no longer gives any credence to the words...allegedly....it blows right through those warnings and pulls the media t r i g g e r on anyone indicted.

When they are released (lives ruined) the news will be on page 6 or ignored completely.

The informant will have gotten the benefit of having their sentence reduced for some methamphetamine conviction or the infiltrator will have been promoted....and the political effects of the indictment will reverberate throughout the nation...thanks to irresponsible journalism, IMO.
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HUFFPOST SUPER USER
Tim303
04:26 PM on 03/31/2010
You are happy when this is done to Muslims, or not?
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porsche996
an inelastic scattering of photons
04:47 PM on 03/31/2010
You might want to read the US Constitution, it makes no reference to the people's religion or citizenship. It only applies to People. All people are supposed to be presumed innocent until convicted.
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08:41 PM on 03/31/2010
Funny how these anti-government folks have no problem with taxpayer funded public defenders, aint it?
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HUFFPOST SUPER USER
Yikes11
Elbows off the Table
02:52 PM on 03/31/2010
See what happens when a black man gets elected to the highest office in the land. wfolks go crazy.
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HUFFPOST PUNDIT
Gidster
Not so much Liberal as I am anti evil.
07:04 PM on 03/30/2010
And yet the right wing and their pundits like Palin and Bachmann staunchly refuse to even acknowledge that this is happening, Palin on Saturday dismissing the violence and threats reported last week as "Lies by the media to distract you from the debate".

Affronted at the very idea that Americans could be violent........

Ignorance I guess IS bliss......
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HUFFPOST COMMUNITY MODERATOR
Bubba Gump
Christian, Liberal, Former NCO -- US Army Reserve
07:02 PM on 03/30/2010
PART ONE:

"Hutaree says on its Web site its name means 'Christian warrior.' The group quotes several Bible passages and declares: 'We believe that one day, as prophecy says, there will be an Anti-Christ. ... Jesus wanted us to be ready to defend ourselves using the sword and stay alive using equipment.'

The Web site does not list specific grievances against law enforcement and the government."

http://news.yahoo.com/s/ap/20100330/ap_on_re_us/us_fbi_raids
----------------------------------------------------------------------------------------
Here's the real words of Jesus Christ, spoken at the Garden of Gethsemane as Jesus was physically attacked and one of his followers used a weapon to harm an attacker. "Put up again thy sword into his place: for all they that take the sword shall perish with the sword. Thinkest thou that I cannot now pray to my Father, and he shall presently give me more than twelve legions of angels? But how then shall the scriptures be fulfilled, that thus it must be?" (Matthew 26:52-54 King James Version)
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HUFFPOST COMMUNITY MODERATOR
Bubba Gump
Christian, Liberal, Former NCO -- US Army Reserve
07:08 PM on 03/30/2010
PART TWO:

And as for battling the Anti-Christ, bullets and bombs don't work. "And the beast which I saw....opened his mouth in blasphemy against God, to blaspheme his name, and his tabernacle, and them that dwell in heaven. And it was given unto him to make war with the saints, and to overcome them: and power was given him over all kindreds, and tongues, and nations. And all that dwell upon the earth shall worship him, whose names are not written in the book of life of the Lamb slain from the foundation of the world. If any man have an ear, let him hear. He that leadeth into captivity shall go into captivity: he that killeth with the sword must be killed with the sword. Here is the patience and the faith of the saints." (Revelation 13:2,6-10 King James Version)

Further, "And they overcame him by the blood of the Lamb, and by the word of their testimony; and they loved not their lives unto the death." (Revelation 12:11)
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HUFFPOST COMMUNITY MODERATOR
Bubba Gump
Christian, Liberal, Former NCO -- US Army Reserve
07:10 PM on 03/30/2010
PART THREE:

Perhaps Hutaree should take a lesson from the Holy Bible. "Recompense to no man evil for evil. Provide things honest in the sight of all men. If it be possible, as much as lieth in you, live peaceably with all men. Dearly beloved, avenge not yourselves, but rather give place unto wrath: for it is written, Vengeance is mine; I will repay, saith the Lord. Therefore if thine enemy hunger, feed him; if he thirst, give him drink: for in so doing thou shalt heap coals of fire on his head. Be not overcome of evil, but overcome evil with good." (Romans 12:17-21)
HUFFPOST PUNDIT
Richard Pearce
Atheistic-agnostic Canadian polymath
10:42 PM on 03/31/2010
Now, if this was a story about a group of Muslims being charged with conspiring to kill, and you started quoting the parts of the Koran that prohibit that sort of thing, there'd be a few replies that detailed verses that could be interpreted another way.

I notice you didn't quote Deuteronomy 13:13-19 or Leviticus 24:10-16
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HUFFPOST SUPER USER
JohnBryansFontaine
Liberal Democrat
06:10 PM on 03/30/2010
The far right's hate element
Eugene Robinson
Posted: March 30, 2010

'...The arrests of members of a Michigan-based "Christian" militia group should convince doubters that there is good reason to worry about right-wing, anti-government extremism -- and potential violence -- in the Age of Obama.

I put the word Christian in quotes because anyone who plots to assassinate law enforcement officers, as a federal indictment alleges members of the Hutaree militia did, is no follower of Christ. According to federal prosecutors, the Hutaree -- the word's not in my dictionary, but their Web site claims it means "Christian warrior" -- are convinced that their enemies include "state and local law enforcement, who are deemed 'foot soldiers' of the federal government, federal law enforcement agencies and employees, participants in the 'New World Order,' and anyone who does not share in the Hutaree's beliefs..."

http://www.indystar.com/article/20100330/OPINION12/3300306/1002/OPINION/The-far-right-s-hate-element
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HUFFPOST SUPER USER
offred
A biocitizen is 3/5 of a corporate citizen
04:55 PM on 03/30/2010
Lest we forget, we were warned:

"Rightwing Extremism:
Current Economic and Political
Climate Fueling Resurgence in
Radicalization and Recruitment"

"DHS/I&A assesses that a number of economic and political factors are driving a resurgence in rightwing extremist recruitment and radicalization activity. Despite similarities to the climate of the 1990s, the threat posed by lone wolves and small terrorist cells is more pronounced than in past years. In addition, the historical election of an African American president and the prospect of policy changes are proving to be a driving force for rightwing extremist recruitment and radicalization."

http://www.fas.org/irp/eprint/rightwing.pdf