Birther Must Face Trial Over Courthouse Coup

(CN) - A federal judge refused to dismiss the indictment against a man charged with trying to take over a Tennessee courthouse with a gun because a grand jury there refused to indict President Barack Obama on charges that he was not born in the United States.

Darren Wesley Huff, of Georgia, is charged with transporting a firearm in furtherance of a civil disorder and using a firearm in relation to a felony crime. He tried to dismiss the charges, which he argued were ambiguous and would punish him twice for the same crime in violation of double jeopardy laws.

U.S. District Judge Thomas Varlan in Knoxville, Tenn., rejected Huff's claims Friday, taking his cue from an earlier report and Recommendation issued by U.S. Magistrate Judge Bruce Guyton.

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