“Mere presence where a crime may be planned is not a crime. … How does this add up to seditious conspiracy?” Roberts said.
Judge Roberts also notes that no one actually instructs anyone to take any illegal action. They just demonstrate the anger against current government policies in private.
The prosecution highlights what they feel are seditious comments:
“It’s now time to strike and take our nation back so that we may be free again from tyranny. Time is up,”
This could have been part of any campaign speech or rally. In fact the lawyers for one of the defendants pointed out how the militia members’ frustration with the current direction of the country mirrored a large portion of America.
“Millions of people” are talking about “taking our country back,” Weiss said.
Certainly there is a line between venting frustration and being a traitor to the United States. That line has to be carefully drawn and guarded by the judiciary – lest all of us get thrown in jail for wanting to “take our country back”.