US v Huff – Today’s the day

Darren Huff will have his day in court today, Jan 30, 2014. The hearing takes place at the Sixth Circuit Court of Appeals in Cincinnati, OH.

Darren Huff was convicted by a jury of his peers for violation of statute that prohibits the

“transporting firearms across state lines with the intent to cause a civil disorder,”

There is no doubt that Huff transported firearms across the state lines. As to his intent, various people testified as to what Huff had told them. Now, it could very well be that Darren was just spouting off anger, however the Jury was convinced that the Government had proven the necessary components to find him guilty of one count of the indictment.

Let’s hope that our friend manages to convince the Court, however, the Court will only look at errors of fact or law, which reduce any hopes of success.

Good luck my friend.

Darren Huff volunteered much of the information that led to his conviction

MR. HUFF: They had heard that there was going to be this grand takeover of the courthouse.  And the FBI, in fact, came to my house the evening prior to question me about it, and I told him, “Yeah, we’re going up there to support Walt and possibly help him in effecting the citizen’s arrest and whatever we need to do.”  So he asked me, “We’ve heard about guns and possibly an AK-47,” and I told him, “I’m taking them.  I’m legal, the guns are legal; I have a right to defend myself, so yeah, they’re going.”  And he never arrested me.

Source: The Post and Email “Man Facing Federal and State Charges in Monroe County, TN stemming from Fitzpatrick Case”, November 11, 2010

HT: Crooks and Liars

“What we do intend is to effect some legal citizens’ arrests” @5:20

Huff has described himself as a member of the Georgia militia and Oath Keepers, a part of the so-called “birther” movement that disputes President Barack Obama’s U.S. citizenship. Before his arrest, he told the FBI and authorities in Tennessee that he was going to Madisonville to support Walter Fitzpatrick in trying to arrest local officials.

Source: CBS News October 25, 2011

A bank manager interviewed by the FBI said Huff told him in April that Fitzpatrick was falsely arrested. The bank manager also said that Huff said he was in the Georgia Militia and there was a plan for eight or nine militia groups to “take over the city” of Madisonville on April 20, according to the news report.

Huff was interviewed by FBI agents at his home on April 19. He told the agents he planned to travel to Tennessee to get Fitzpatrick’s charges dropped. He said he’d be taking his hand gun and AK-47 rifle with him. Huff assured the agents there would be no violence unless he was provoked.

Source: SPL Center

From the Government Appeal Brief

Defendant gave hints about that second phase to two employees at the J.P. Morgan Chase Bank in Hiram, Georgia, on April 15, 2010. That day, Shane Longmire was working as the bank manager and Erica Dupree was one of the tellers. (R. 209, Trial Tr. at PageID# 1445, 1447, 1470.) Both individuals were familiar with Defendant because he had been a regular customer of the bank since 2005 and had recently expressed anti-government sentiment. (Id. at PageID# 1445-46; R. 210, Trial Tr. at PageID# 1470-71.)

That morning, however, Defendant made comments that were “out of the ordinary.” (Id. at PageID# 1452.) Defendant told Longmire and Dupree that, on April 20, 2010, he was going to Madisonville with members of the Georgia Militia to “take over” the city. (Id. at PageID# 1447-49, 1454; R. 210, Trial Tr. at 1471-74, 1485-86.) He explained that they were going there because Fitzpatrick had been “wrongly arrested.” (R. 209, Trial Tr. at PageID# 1448.) Defendant stated he was going to bring multiple guns, including an AK-47 rifle, and that he would be on the “front line.” (Id. at PageID# 1449; accord R. 210, Trial Tr. at PageID# 1471-73.) He also said that he would have an anti-aircraft gun mounted on the back of his truck. (R. 209, Trial Tr. at PageID# 1450, 1456; R. 210, Trial Tr. at PageID# 1473, 1480-82.) Defendant assured Longmire and Dupree that they would hear about the incident on the news. (R. 209, Trial Tr. at PageID# 1449; R. 210, Trial Tr. at PageID# 1472.)

As Defendant was speaking, Longmire noticed that Defendant had driven a different truck to the bank than the one he normally drove. (R. 209, Trial Tr. at PageID# 1451-52.) The new truck was painted camouflage and had a “Georgia Militia” emblem on the door. (Id. at PageID# 1452, 1456.) When Defendant left the bank, he told Dupree that it had been nice knowing her and suggested that he might not ever see her again. (R. 210, Trial Tr. at PageID# 1475.) Longmire and Dupree both believed that Defendant was serious and were so concerned by his statements that they each separately contacted law enforcement authorities. (R. 209, Trial Tr. at PageID# 1452-53; R. 210, Trial Tr. at PageID# 1472, 1475-78.)

To follow up on those reports, Federal Bureau of Investigation (FBI) Special Agent Charles Reed spoke with Defendant at his residence on April 19, 2010. (R. 210, Trial Tr. at PageID# 1670-72.) Defendant confirmed that he was planning to go Madisonville the next day. (Id. at PageID# 1672.) Defendant explained that he intended to conduct some citizens’ arrests there. (Id. at PageID# 1678.) He said that he and other militia members would “try to take back” Madisonville and Monroe County and “possibly” even Tennessee and the United States. (Id. at PageID# 1672.) Defendant described the situation as “us against them,” with the “them” being government officials in Madisonville. (Id.)

18 thoughts on “US v Huff – Today’s the day

  1. It is infuriating that the instigators and planners (you and I know who they are) get off scott free while the basically well intentioned but not very bright Mr. Huff bears the entire burden. I see a similar scenario happening on the web site belonging to the “Operation American Spring”. The cynical and treasonous “retired officers” will ride above the weather as it plays out, but they are inevitably getting some young men put in jail or worse.

  2. Yes, Huff was mostly a victim of bragging and poor decisions based on a failed understanding of TN law about jurors, citizen arrest etc.

    I believe his attorney used the term “loudmouth”. I told him several times to ‘shut up’ as he was helping the prosecution by making public statements. When he mentioned how he had ‘witnessed’ to the police officers who had pulled him over, he may not have realized that anything he says can be used against him and nothing he says can be used as evidence in favor of him, as the latter would be hearsay.

  3. To call Darren Huff ” not very bright” seems correct. To call him “basically well intentioned” not so much. I would second that if he had brought only his pink dildo (with remote control) and not his guns. There are rarely good intentions connected with guns. Make love – not war, Mr. Huff.

  4. And to add, Mr. Huff and friends seem to complain that the FBI did not arrest him when he announced that he was going to Tennessee. Really strange argument.

  5. I completely fail to see what relevance the pink dildo has to the characterization of a human being’s intentions. Is that the kind of “Justice” we want? Where every possible irrelevant smear is thrown up against a person who in fact, did not remove any weapons from the lock box on the day and place in question? In the absence of actual acts, what Huff said was stupid, but traditionally in this country, we give wide latitude to stupid speech. You might also find yourself on the wrong end of perception some day.

  6. Mr. Harrison, a jury of his peers found that there was not only stupid speech but “actual acts” like bringing those firearms into another state to participate in a riot. Not necessary to remove the weapons from the trunk or even shoot someone. The crime was committed when he crossed the state line with the intents that he had clearly declared in the bank at home.

    You can have your opinions but not your own facts.

  7. Well, Huff believed that the FBI would somehow prevent him from committing a crime. It only became a crime when he showed up in Monroe. Makes sense that they waited to arrest him at a less tense moment.

  8. Ah, but you are missing the point, the charge included specific acts and the prosecution convinced the jury that Darren had indeed taken weapons across state lines (which he did) with the intent to start a riot (again, this was based on witness reports).

    You do understand that planning a crime can still be a crime?

    Explain why you believe the law does not apply to Darren here?

  9. Mr. Harrison, I reread your post and can sign everything but the “basically well intentioned”. But I can let this stand as an opinion.

    So – what is your solution ? The instigators claim free speech. Would you prefer the European solution where the instigator is as responsible (or even more) than the dumb follower ?

  10. If you tell someone that you are planning to murder someone then this ‘free speech’ can still lead to a criminal conviction. You are free to say whatever you want, but there will be consequences to what you say.

  11. NBC, I fully understand that. The problem are those who incite others with speech about “treason” and “execution” and wash their hands when a dumba.. like Mr. Huff pulls the trigger.

  12. Yes, inciting people to do foolish things is how some people can hide behind those who follow their foolish advice.

    Personal responsibility be darned…

  13. Believe it or not, I am not defending Huff. I just find it incredible that essentially ALL of the punishment for the Monroe County incident should fall entirely on such a minor player. I am not defending him, so much as wishing that some of the ridicule and also some of the jail time might go to those who plan these acts and incite weaker or dumber people to break the law while remaining out of harm’s way themselves. I am speaking specifically of what Carl Swensson did in Monroe County then, and what Col. Harry Riley is doing today.

  14. I am speaking specifically of what Carl Swensson did in Monroe County then, and what Col. Harry Riley is doing today.

    I understand, and yes it is sad indeed how Huff basically was caught up in the follies of others.

  15. Not that I have all that much sympathy for Huff, but consider this:

    He believed what he had been told. Completely. Literally.

    What had he been told?

    It is inevitable that Obama will start disarming Americans.
    The Democrats are going to forge Green Energy on us, and our electic bills will skyrocket.
    If Liberals aren’t stopped, they’ll convince your kids it’s totally normal to be gay, and that will cause them to “give it a try.”
    America is being sold out to Muslims, and soon they’ll be in control.
    The “takers” are going to cause our economy to collapse if they aren’t stopped.
    Obama has an agenda of destroying White America and Christianity, and the U.N. will help.


    Now, it’s hard to fit it in my head that anyone could believe this stuff. I want to believe they know it’s hyperbole for effect, that they are just blowing off steam. They can’t really, literally believe that bilgewater, right?

    But what if they did? 100% sincerely?

    If I believed America was actually, literally on the eve of destruction, what wouldn’t I do to save her?

  16. Well, Huff does see himself as a savior of the United States, from an imaginary enemy that others have created for him.

    Puppet masters…

  17. > it’s hard to fit it in my head that anyone could believe this stuff

    Millions believed the crap the Nazis told them. Same for many other dictatorships (which are usually built upon people easily misled, not on just threatening an otherwise critical populace with violence).
    Hey, billions believe in a theistic religion (“the imaginary friend in the sky”), including one that has talking snakes, witchcraft (turning water into wine), levitation (Jesus ascending to Heaven) etc. Most people simply aren’t in a position to cast the first stone when it comes to foolish beliefs and believing “irrational stuff”.

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