Yesterday the judge in the Hutaree case said the defendants should be released on bond. Now there's been a delay:

A federal judge late Monday agreed to delay until 5 p.m. Wednesday a decision to release nine members of a Lenawee County Christian militia group, who were expected to be released this morning.

U.S. District Judge Victoria Roberts said the government's request for a stay was "woefully inadequate," but said that given the public interest in her decision Monday to grant bond to the defendants, a temporary delay was justified.

Roberts gave prosecutors until 5 p.m. Wednesday to tell her whether the U.S. Solicitor General will appeal.

U.S. Attorney Barbara McQuade asked for the stay early Monday night saying the Hutaree militia members had threatened to kill police, and in light of Monday's fatal police shooting in Detroit: "Given the defendants' obvious animosity towards police officers and their previous discussion regarding their intent to bomb a police funeral, this fact presents additional reasonable basis for the requested stay."

That's a pretty desperate argument, given that the defendants were to be held under house arrest on electronic tethers. I don't expect the prosecution to prevail here, but I guess we'll find out tomorrow if they will.