The government case against the Hutaree militia, according to Andrew Brietbart's "Big Journalism" blog, is quickly unraveling.
The news told us several weeks ago that the government had foiled in the nick of time a diabolical plot to assassinate law enforcement officers. This plot was cooked up in the Michigan backcountry by a "Christian right wing militia."
On TV, the United States attorneys and FBI agents almost always try to get their ducks in a row before proceeding. They want an airtight case and exude professionalism. In this case, Special Agent Leslie Larsen was unable to answer questions about the case and had failed to bring her notes with her. United States District Court Judge Victoria Roberts denied a motion that the group be held without bail.
The judge, defense, and anyone paying attention must be shocked at the inability of an agent in charge to answer even simple questions about a case that was supposedly thoroughly investigated. The judge expressed her shock and indignation before setting bail.
Hutaree members face charges of conspiracy, among other things, for discussing the murder of police officers. Defense attorneys pointed out that laughing and joking indicated an element of fantasy, to which Agent Larsen agreed. But she countered with the statement that killing police officers is not a joking matter.
She is right. Few people would find that funny that anyone would advocate the killing of law enforcement even in jest. So why weren't rap groups in the 1990s arrested and charged with the same crimes? They openly proclaimed that their listeners should go kill police officers at a time when urban violence was rising. Threatening police officers is no laughing matter and nothing that a sane individual ought to joke about. Nor should they sing (if rapping is considered singing) about killing police. That being said, the First Amendment protected the right of rap groups in the 1990s. Unless the government has more substance to their case, the Hutaree will be freed as well.
In the early 1800s, Aaron Burr had a run of self-induced bad luck. He stabbed Jefferson in the back and tried to steal the presidency from him in an Electoral College mishap. Burr then fatally killed Alexander Hamilton in a duel. His last gasp at some kind of influence and power lay to the West. Burr planned to go to what was then Mexico, seize land there, then establish his own empire. Many in the U.S. thought Burr wanted the newly acquired Louisiana Territory and New Orleans. We now know he didn't, but speculation back then ran wild.
President Jefferson still nurtured hatred for Burr. He declared Burr a traitor and had him arrested on those grounds. Burr was taken to Richmond to be tried in federal district court for treason. The government's only proof of a treasonous mindset was the Jefferson declaration. Otherwise, Burr was merely collecting guns and money, abiding by the laws of the United States such as they were.
Chief Justice John Marshall presided over the district court. He gave the court's opinion to the jury before it retired. It found Burr not guilty. Burr was found not guilty because the mere statement by the executive branch that a person or persons is/are guilty of treason is not enough to form evidence. Biographer Jean Edward Smith wrote "He had no affection for Burr, especially after the death of Hamilton, yet he was determined that the text of the Constitution be adhered to."
Under Obama the government has been issuing increasingly hostile statements about the gathering storm of anger against it. It warned the country that gun owners, veterans, and others might grow dangerous. Now we see the arrest of nine people based upon, what looks like right now, stupid jokes.
In the Hutaree case, we either see a real example of a conspiracy that was fumbled by an incompetent FBI agent or an incident of government action due to the fact that these people happen to dislike those in charge of their government. Either way, the Justice Department has a lot of explaining to do on this case.
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