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HUTTAREE UPDATE: Keystone Prosecutors? “In a development described as ‘unprecedented,’ a federal court official in Detroit filed an affidavit today with the U.S. 6th Circuit Court of Appeals, saying he wanted to correct claims made by prosecutors in the Hutaree militia case. ‘This affidavit is being submitted to correct the record, and any misunderstanding (Assistant U.S. Attorney) Mr. (Ronald) Waterstreet had about our conversation,’ Chief Pretrial Services Officer Alan Murray said in a court filing.”

AP: Feds Flailing in Huttaree Militia Case.

Federal authorities touted the arrests of nine members of a Michigan militia as a pre-emptive strike against homegrown terrorists, declaring at an initial court hearing that the suspects with “dark hearts and evil intent” wanted to go to war against the government.

Five weeks later, prosecutors are scrambling to regroup after a judge questioned the strength of their evidence by ordering the so-called rebels released until trial and saying they had a right to “engage in hate-filled, venomous speech.”

“The government is falling short,” said David Griem, a former federal prosecutor who’s not involved in the case. “The message that’s been sent to the community is there are problems with this case.”

Indeed.

HUTTAREE HOOPLA UPDATE: Judge asks feds to show militia did more than talk. “A federal judge challenged prosecutors Wednesday to show that nine members of a Michigan militia accused of plotting war against the government had done more than just talk and should remain locked up. . . . Roberts pressed that point more than once as Assistant U.S. Attorney Ronald Waterstreet argued in favor of keeping the nine in jail. The judge suggested she didn’t hear or read in the transcripts any indication that violence was imminent. ‘Mere presence where a crime may be planned is not a crime. … How does this add up to seditious conspiracy?’ Roberts said.”

BRIAN DOHERTY looks at the Huttaree militia indictments and isn’t especially impressed. “From my read, even taking every word in it as gospel, it sounds like these guys were angry loudmouths who fantasized too much to someone who turned out to be a federal informant or agent, but who they thought was a potential comrade who might help them obtain some explosives.” Meanwhile, as he surveys the reaction I’m glad to see him note that I don’t “generally make much common cause with Christian apocalyptic warriors in the woods.” That’s never been much of a theme here at InstaPundit, but with Balloon Juice looking out for their procedural rights, I’m sure those militiamen will be okay. And I’m sure top lawyers from top law firms on Wall Street and K street will be lining up to provide the Huttaree militia with a pro bono defense, too.

BRIAN DOHERTY: Another “Domestic Terror” Failure: Hutaree Militia Acquitted on Most Charges.

That case has looked pretty weak all along.

Related: Eric Holder Loses Case Against Michigan Militia. “How ironic and delicious. In 2010, some were defending the dismissal of the New Black Panther voter intimidation case on free speech grounds, even though they physically tried to block a poll. To Eric Holder, the political leanings of the speakers seems to determine how much respect for those rights the political appointees at DOJ will afford.”