A federal judge dismissed the most serious charges Tuesday against seven members of a Michigan militia who were rounded up as homegrown extremists accused of plotting war against the U.S., saying their expressed hatred of law enforcement didn't amount to conspiracy against the government.
The decision is an embarrassment for the government, which secretly planted an informant and an FBI agent inside the Hutaree militia four years ago and claimed members were armed for war in rural southern Michigan.
U.S. District Judge Victoria Roberts granted requests for acquittal on the most serious charges: conspiring to commit sedition, or rebellion, against the U.S. and conspiring to use weapons of mass destruction. Other weapons crimes tied to the alleged conspiracies also were dismissed.
"There are very few judges that have this kind of courage," defense lawyer Michael Rataj said.
The trial, which began Feb. 13, will resume this week with only a few gun charges remaining against militia leader David Stone and son Joshua Stone, both from Lenawee County, Mich.
"The court is aware that protected speech and mere words can be sufficient to show a conspiracy. In this case, however, they do not rise to that level," the judge said.
Prosecutors said Hutaree members were anti-government rebels who combined training and strategy sessions to prepare for a violent strike against federal law enforcement, triggered first by the slaying of a police officer.
But there never was an attack. Defense lawyers say highly offensive remarks about police and the government were wrongly turned into a high-profile criminal case that drew public praise from U.S. Attorney General Eric Holder, who called Hutaree a "dangerous organization."
David Stone's "statements and exercises do not evince a concrete agreement to forcibly resist the authority of the United States government," Roberts said Tuesday. "His diatribes evince nothing more than his own hatred for — perhaps even desire to fight or kill — law enforcement; this is not the same as seditious conspiracy."
U.S. Attorney Barbara McQuade declined to comment. Two years ago, when militia members were arrested, she said it was time to "take them down."
The FBI had put a local informant, Dan Murray, inside the Hutaree in 2008 and subsequently added an agent from New Jersey, Steve Haug. Known as "Jersey Steve," he posed as a trucker and spent months secretly recording talks with Dave Stone. He even served as David Stone's best man at his wedding. The wedding party dressed in military fatigues.
Haug repeatedly talked to David Stone about building pipe bombs and getting other sophisticated explosives. The FBI rented a warehouse in Ann Arbor where the agent would invite him and others to store and discuss weapons.
Haug told jurors he was "shocked" by David Stone's knowledge of explosives, noting it matched some of his own instruction as a federal agent.
David Stone was recorded saying he was willing to kill police and even their families. He considered them part of a "brotherhood" — a sinister global authority that included federal law enforcers and United Nations troops.
He had bizarre beliefs: David Stone suspected Germany and Singapore had aircraft stationed in Texas, and thousands of Canadian troops were poised to take over Michigan. He said the government put computer chips in a flu vaccine.
He had a speech prepared for a regional militia gathering in Kentucky in 2010, but bad weather forced him and others to return to Michigan. Instead, he read it in the van while a secret camera installed by the FBI captured the remarks.
"It is time to strike and take our nation back so that we may be free again from tyranny," David Stone said. "Time is up, God bless all of you and welcome to the new revolution."
Defense attorney William Swor said David Stone is a Christian who was bracing for war against the Antichrist.
"This is not the United States government. This is Satan's army," Swor told the judge Monday, referring to David Stone's enemy.
Militia members cleared of all charges were Stone's wife, Tina Stone, and his son, David Stone Jr.; Thomas Piatek of Whiting, Ind.; Michael Meeks of Manchester, Mich.; and Kris Sickles of Sandusky, Ohio.
David Stone, Joshua Stone, Piatek and Meeks have been in custody without bond for two years.
Joshua Clough of Blissfield, Mich., pleaded guilty to a weapons charge in December and awaits his sentence. Jacob Ward of Huron, Ohio, will have a separate trial.