CINCINNATI -

A federal appeals court in Ohio will hear arguments on whether five members of a Michigan-based militia should stay in jail until they're tried on charges of plotting to overthrow the government.

Four of the nine indicted members of the group called Hutaree have been released from custody pending trial. A federal judge in Detroit has said the other five could go home with electronic monitors and other strict conditions.

Federal prosecutors will argue their appeal of that order Tuesday before judges on the 6th U.S. Circuit Court of Appeals in Cincinnati.

Prosecutors have said the defendants should remain in jail to ensure public safety.

The defendants are charged with conspiracy to commit rebellion against the United States and other crimes.

The following people were named in the federal indictment:

David Brian Stone, aka "RD," "Joe Stonewall," aka "Captain Hutaree" David Brian Stone Jr., aka "Junior" Joshua Matthew Stone, aka. "Josh" Tina Mae Stone Joshua John Clough, aka "Azzurlin," aka "Az" aka "Mouse" aka "Jason Z. Charles" Michael David Meeks, aka"Mikey" Thomas William Piatek Kristopher T. Sickles, aka "Pale Horse" Jacob J. Ward, aka "Jake," aka "Nate"

Last week, federal prosecutors filed more charges against several militia members.

The new counts include two counts of possession of a machine gun and one count of possession of an illegal weapon against David Stone Sr., 45, of Clayton and his son Joshua Stone, 21, of Clayton.

The indictment also added one count of possessing a machine gun against Joshua Clough and one count of possessing an illegal weapon against Stone?s son David Stone Jr., 19, of Adrian.

Hutaree Charging Document 6/2/10