UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE UNITED STATES OF AMERICA v.

DARREN WESLEY HUFF ) ) ) ) )

No. 3:10-CR-73 (VARLAN/GUYTON)

GOVERNMENTS RESPONSE TO DEFENDANTS MOTION IN LIMINE #3 [Doc. 122] Now comes the United States of America, by and through the United States Attorney for the Eastern District of Tennessee, William C. Killian, and, in response to Defendant Darren Wesley Huffs Motion in Limine #3 to prevent the government from expressing in any manner that the Defendant is a birther or challenges the legitimacy of President Barack Obama, states that the motion should be denied. In support thereof, the government states the following: The Defendant moves this Court to preclude the government from using any expression that the Defendant is a birther or that he challenges the legitimacy of President Barack Obama. The government objects to this motion. The government will introduce evidence at trial that on the day of the offense, the Defendant went to Madisonville, Tennessee, to execute Citizens Arrest Warrants [Attachment 1], among other things. The Defendant was in possession of these Citizens Arrest Warrants on the day of the charged offense and the day of his arrest, as well as documents titled, Affidavit of Criminal Complaint [Attachment 2]. The Citizens Arrest Warrant states that certain public officials have committed treason and are Declared Domestic Enemies. On both the Citizens Arrest Warrant and the Affidavit of Criminal Complaint, numerous government officials are listed as Declared Domestic Enemies, including, Barack Hussein Obama (also known as Barry Soetoro,

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also known as Steve Soetoro), illegal alien, infiltrator and imposter United States president. The Criminal Complaint and Citizens Arrest Warrant are evidence that directly support the Defendants intent to execute bogus Citizens Arrest Warrants and physically arrest public officials in Madisonville, Tennessee, thereby causing a civil disorder. It will be clear and inescapable from the relevant evidence, such as the Citizens Arrest Warrant, that the Defendant harbors resentment toward the Declared Domestic Enemies, including President Obama. Thus, the fact that he challenges the legitimacy of President Barack Obama by declaring him an illegal alien and imposter United States president is inextricably intertwined with the relevant evidence. It cannot be separated from the evidence necessary to show the Defendants motivation and intent in to execute Citizens Arrest Warrants and to cause a civil disorder. The Defendant is hard-pressed to indicate how any expression of the term birther is unfairly prejudicial to him when clearly admissible relevant evidence at trial will show that he refers to the president as a Domestic Enemy, infiltrator and imposter and illegal alien. WHEREFORE the government respectfully requests that this Honorable Court deny the Defendants Motion in Limine #3. Respectfully submitted this 6th day of October, 2011. WILLIAM C. KILLIAN UNITED STATES ATTORNEY By: s/ Jeffrey E. Theodore Jeffrey E. Theodore A. William Mackie Assistant United States Attorneys 800 Market Street, Suite 211 Knoxville, Tennessee 37902 Telephone: (865) 545-4167

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CERTIFICATE OF SERVICE I hereby certify that on October 6, 2011, a copy of the foregoing was filed electronically. Notice of this filing will be sent by operation of the Courts electronic filing system to all parties indicated on the electronic filing receipt. All other parties will be served by regular U.S. mail. Parties may access this filing through the Courts electronic filing system. s/ Jeffrey E. Theodore Jeffrey E. Theodore Assistant United States Attorney

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