Free speech victory declared in Hutaree acquittals

Michael David Meeks, 42, of Manchester, Mich., speaks to the press with his lawyers after being acquitted of all conspiracy charges connected to the Hutaree Militia. (Kimberly P. Mitchell / Detroit Free Press)

(DETROIT FREE PRESS) - When the FBI prepared to arrest nine Hutaree militia members two years ago in a homegrown terrorism case, the lead agent made one point clear.

"We haven't worked a year and a half on this investigation and risked (an undercover agent's) life to walk away from this with 3 arrests," the agent wrote in an e-mail that surfaced during trial.

In the end, that's exactly what the FBI got.

In a sharp rebuke, a federal judge on Tuesday acquitted the remaining Hutaree members of plotting a violent revolt against the U.S. government with weapons of mass destruction -- crimes that could have landed them in prison for life. Just two are left standing in the case on a handful of weapons violations. One previously pleaded guilty, and one was found incompetent to stand trial. U.S. District Judge Victoria Roberts concluded that federal prosecutors, who rested their case last week, failed in five weeks of trial to prove the Hutaree had a specific plan to kill a police officer and attack law enforcement personnel.

"The government's case is built largely of circumstantial evidence. While this evidence could certainly lead a rational fact finder to conclude that 'something fishy' was going on, it does not prove beyond a reasonable doubt that defendants reached a concrete agreement to forcibly oppose the U.S. government," Roberts wrote in her 28-page ruling.

The ruling was hailed by defense lawyers as a major victory for free speech. They had long argued the defendants never had any real plans to harm anyone and were merely engaged in tough talk, a protected First Amendment right.

"Judge Roberts understood that you just don't charge individuals with doing certain things, then lump a lot of bad, scary evidence against them and expect a jury to convict," said defense attorney Mark Satawa, whose client Michael Meeks was jailed for two years until Tuesday. "Her opinion shows exactly what we as lawyers have been saying all along: They did nothing wrong."

The FBI arrested nine Hutaree members after a paid confidential informant and undercover agent infiltrated the group for months and secretly recorded conversations and videotaped various trainings.

Satawa also lambasted the government for charging the defendants in the first place and jailing his client.

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Free speech victory declared in Hutaree acquittals