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Court official disputes prosecutors on Hutaree release conditions
michiganmessenger.com ^ | 7 May, 2010 | Ed Brayton

Posted on 05/08/2010 7:30:46 AM PDT by marktwain

In a very interesting and highly unusual development, a court official from the U.S. District Court for the Eastern District of Michigan has filed an affidavit with the appeals court disputing claims made by the government prosecutors in their court filings in the Hutaree case.

Alan H. Murray, the Chief Pretrial Services Officer for the Eastern District of Michigan, filed the document to correct a claim made by the prosecutors in one of their briefs arguing that the Hutaree 9 should be denied bond and kept in jail pending trial. Specifically, the prosecutors have asserted that the “home detention” provision ordered as a condition of release means the defendants can go anywhere they want without the government’s knowledge:

From the motion for an emergency stay filed by the U.S. Attorney’s office on Wednesday, May 5:

The conditions imposed by the district court are, the government believes, ineffective, in practice not what they appear to be, and in at least one instance contradictory of other release terms. For instance, although the district court ordered “home detention” that term is treated in practice by Pretrial Services as a curfew that allows the defendants unmonitored released the entire day.

The affidavit filed by Harris, whose agency oversees such bond conditions, calls this claim false:

Contrary to Mr. Waterstreet’s belief, the court-ordered “home detention” does not allow unmonitored release the entire day. The Global Positioning Satellites System allows a defendant to be monitored, at all times.

Harris also disputed another claim from the government’s brief, that there was no verification system to assure that the defendants or the third party custodians they will be turned over to upon release have actually gotten rid of their weapons. The government had claimed in its brief:

The court appointed third-party custodians, and ordered them to surrender the custodians’ firearms, but created no mechanism for doing so, and no verification procedure; Pretrial Services does not accept firearms.

Again, Harris says this is not true:

The Court’s Pretrial Services Agency has an internal form regarding the third-party custodians’ firearms. This form will be completed, and signed, by both the third-party custodian and the person who receives the firearms, before a Defendant is released to his or her designated third-party custodian.

The Court’s Pretrial Services Agency has a safe with the capacity to handle the third-party custodians’ firearms, if necessary.

This is all very unusual and it cannot bode well for the government’s case. The last thing an attorney wants is for the judge(s) to get the idea that they can’t depend on the accuracy of their factual claims.


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events
KEYWORDS: banglist; constitution; court; domesticterrorism; hutaree; militia
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There is a copy of the afadavit at the site.
1 posted on 05/08/2010 7:30:46 AM PDT by marktwain
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To: marktwain

Very interesting infighting among the feds on this one.


2 posted on 05/08/2010 7:35:56 AM PDT by cripplecreek (Remember the River Raisin! (look it up))
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To: marktwain

The government routinely allows dangerous criminals to roam the street. Why do they suddenly have a problem with these?


3 posted on 05/08/2010 7:36:00 AM PDT by Brilliant
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To: marktwain; Beckwith; Fred Nerks
Our judicial system is wise to the Holder lie approach. Holder may have that work in California, but not in Michigan.

The fact is that this is a political show trial designed by Holder to show the nation how dirt poor white trash are the new right wing "ni---rs of america." This is designed to have a unifying effect on the combined racial minority lobby that Obama expects will elect him into a second term.

I mean Al Furqua has the means to attempt to overthrow the US government, they have motivation, means and opportunity. Why are they not being investigated in their 12 training camps dotting the countryside?

The Hutteree are dirt poor farmers who could on a really good day muster enough financial resources to overthrow a trash can.

My bet is the the FBI, and its Muslim syncophant AIC from NYC, thought they would come away with a huge propaganda victory and 7 white trash body bags.

Then we watch the fed stand on the Times Square Muzzie attempted bombing!They were oh so careful to read him his Miranda rights and launch a propaganda storm about how he was so mistreated by America? Well one could say that the Huteree 9 have been more mistreated by Obama and by America. We have 10% unemployment and no jobs, and they can't follow their dreams! But curiously all the Huterees did was talk overthrow of the US government , but THEY DID NOT TRY TO BLOW UP TIMES SQUARE. Millions of us talk about overthrowing the Obama Junta and his shadow government.

Turn the nine lose. They are innocent.

Or give them jobs as armed guards protecting Times Square.

4 posted on 05/08/2010 7:49:55 AM PDT by Candor7 (Now's the time to ante up against the Obama Facist Junta (Member NRA))
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To: marktwain

Good job my friend. Keep up the good work.


5 posted on 05/08/2010 7:53:56 AM PDT by 70th Division (I love my country but fear my government!)
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To: Candor7

Their actual bomb-maker was from the FBI.


6 posted on 05/08/2010 8:06:10 AM PDT by Paladin2
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To: Paladin2

Did he bring his materials with him? Betcha he did!


7 posted on 05/08/2010 8:08:30 AM PDT by Candor7 (Now's the time to ante up against the Obama Facist Junta (Member NRA))
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To: marktwain
The Feds don't have jack and the Judge knows it and ain't buying any of it. Interesting. i hope the defendants sue the crap out of the prosecution personally.
8 posted on 05/08/2010 8:08:34 AM PDT by mad_as_he$$ (If you can read this you are the resistance.)
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To: Candor7
Good analysis on this one.

It is obviously a political show raid/trial similar to Waco which had the dual purpose of increasing the budget for ATF and national gun confiscation.

It appears that some in the Federal government may attempt to derail the Stalinists. The question is: will the citizenry be able to see through the media.

9 posted on 05/08/2010 8:11:30 AM PDT by Navy Patriot (Sarah and the Conservatives will rock your world.)
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To: mad_as_he$$

One straight judge
very corrupt fbi
very corrupt cia
very corrupt washington
we got a hard fight ahead of us


10 posted on 05/08/2010 8:12:55 AM PDT by manonCANAL
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To: manonCANAL

Yup.


11 posted on 05/08/2010 8:14:08 AM PDT by mad_as_he$$ (If you can read this you are the resistance.)
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To: manonCANAL

Yup.


12 posted on 05/08/2010 8:14:08 AM PDT by mad_as_he$$ (If you can read this you are the resistance.)
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To: Navy Patriot
With our help, some of the public can see through the media.

Thats why the Huttarees need to be released, so the media has to back peddle and report what the trial judge said.

13 posted on 05/08/2010 8:16:49 AM PDT by Candor7 (Now's the time to ante up against the Obama Facist Junta (Member NRA))
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To: marktwain
The fact is that this is a political show trial designed by Holder to show the nation how dirt poor white trash are the new right wing "ni---rs of america."

Well, well, well.

Someone has hit on it. The absolute need of the lefty commies to have something/someone to look down on. To be “better than.” In the past it manifested as KKK, a predominantly Democrat organization. Not that it was so much an organization that was supported by Democrats by design, it is just the nature of the person that is Democrat that the stupidity manifests with such behavior. Vote Democrat/believe media propaganda/racism/KKK.

Today the democrats have managed to keep the sheets on the bed but the rest is still there, including the need for racist behavior. To have someone to look down on. To have a "nigger" to point at and justify and elevate themselves by. And the average income, white, conservative American Citizen has become the new "nigger" of this era for the leftist communists.

The characterization and demonizing of the average conservative American Citizen as being a "right-wing, redneck, gun toting, Bible thumper" is a classic example of such manifested behavior or beliefs resulting from being to-the-bone stupid. The media expends huge amounts of effort to saturate the population with such propaganda and the bottom 20-25% of the population, by IQ, buys off on it hook, line and sinker. There is your core of Hussein Obama voters and "broken glass" democrat voters. The rest are overt but in the closet racists such as the "educated class" and "interested persons" i.e. those that are making large sums of money by spouting and adhering to the communist democrat propaganda.

For some of these there is absolutely no hope. Sorry, but they are just dumb as river rocks. For the rest of the hard core leftists (communists) one would have to remove the incentive, the money, to get them to admit that their irrational adherence to communism, to the left, was a mistake on THEIR part.

If the communists have their propaganda created demon, then any means of "self-defense" is proclaimed legitimate, including the suspension "by law" of the rights of American Citizens.

This is EXACTLY what we are seeing in the example of oppression and demonizing of these people.

.

14 posted on 05/08/2010 10:12:05 AM PDT by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: marktwain; Candor7

Actually, that post was to Candor7...


15 posted on 05/08/2010 10:18:40 AM PDT by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: Candor7

Obama wants America to share the wealth and the suffering.


16 posted on 05/08/2010 10:21:40 AM PDT by bert (K.E. N.P. +12 . Ostracize Democrats. There can be no Democrat friends.)
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To: marktwain

Bump!


17 posted on 05/08/2010 10:38:10 AM PDT by EternalVigilance (Man proposes, but God disposes.)
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To: TLI
Thats a BIG BUMP! You know how these POS lefties think down to a "T". They love to go and nestle in their little feather tic beds and feel that but for those little Obots in Washingtion, the right wing hoardes would be descending on them, but EVEN BETTER. The right's conservatives are.......white trash to be vilified , spat on and looked down on. That really makes a lefty feel good!Dehumanizing the white trash.

Once dehumanized, Obama will be able to do anything TO them. No one will complain.

Such dehuanization began in re WWII with the Dreyfus Affair.Here we have the "Hutaree Affair."

Obama wants to put the nations white trash inti those FEMA camps. LOL. I don't think he got what it takes.

18 posted on 05/08/2010 12:02:38 PM PDT by Candor7 (Now's the time to ante up against the Obama Facist Junta (Member NRA))
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To: Brilliant

“The government routinely allows dangerous criminals to roam the street. Why do they suddenly have a problem with these?”

This government is very antsy about revolution, because they’ve boxed us in by ignoring phone calls, letters and Emails. They know they’re sitting on a pressure cooker and blocking the safety valve.


19 posted on 05/08/2010 12:17:55 PM PDT by RoadTest (Religion is a substitute for the relationship God wants with you.)
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To: RoadTest

I find it fascinating that the court appointed third-party custodians are required to surrender any, and or all firearms, to the authorities before the defendants can be released.

How is it that the authorities can confiscate the firearms of people who are not under indictment or have not been convicted of any crime. Isn’t that what the Second Amendment was intended to prevent in the first place?


20 posted on 05/09/2010 3:52:34 PM PDT by Delta Dawn (The whole truth.)
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