In the motion, Stone Jr.'s attorneys argue, "The Superseding Indictment makes no allegation that the charged conspiracies were intended and likely to generate imminent criminal action against the United States government, or anyone else, and contains no facts to support such an assertion." They go on to say any "alleged 'discussions' about harming members of law enforcement" are clearly protected by the First Amendment.
In another motion filed Tuesday, lawyers for Stone Jr. request a pre-trial hearing "where the government must prove by preponderance of the evidence that a conspiracy existed; that the defendants were a part of that conspiracy, if one exists; and that any statements the government intends to use as evidence are admissible against some or all of the defendants." The defense attorneys claim Hutaree members "exercised their rights to engage in controversial speech about politics and religion, to assemble peacefully, and to bear arms."
David Stone Jr. is the son of alleged Hutaree leader David Stone Sr. According to court documents, during Stone Jr.'s interview with the FBI he explained that he is a member of the Hutaree "because his father is a member." He also told the FBI that he "blows off" his father's rhetoric and notes that Stone Sr. has talked about the "around the corner" outbreak of war with the government since 1999.
Nine people, including Stone Jr. and his father, were arrested in late March on charges of planning a violent overthrow of the U.S. Government and attempting to use weapons of mass destruction.
Stone Jr. is free on bond.