10:06am: Talkline with Hoppy Kercheval

Friend of accused government overthrow plotter says it could have happened

CHARLESTON, W.Va. — A takeover of West Virginia’s state government by those who dispute its legitimacy had a real chance of playing out as allegedly planned on Sept. 24, according to a former chair of the state Constitution Party and a past candidate for statewide office.

“I believe that had there been enough people who were convicted, that they had to do what they had to do, I believe it could have happened,” said Phil Hudok on Tuesday’s MetroNews “Talkline.”

“It’s our government. We are the government. We are the highest level of government.”

Thomas Deegan, 39

Hudok considers himself a friend of Thomas David Deegan, 39, of Mineral Wells, a self-proclaimed “sovereign citizen” who was arrested last Wednesday on a charge of threatening to commit a terrorist act.

Deegan allegedly plotted to overthrow West Virginia’s state government on Sept. 24 by targeting the State Capitol, State Police headquarters, the Kanawha County Sheriff’s Department and West Virginia National Guard facilities in Kanawha County.

According to a criminal complaint, Deegan was involved in multiple conference calls during the month of September in which he talked with others about his motivation for removing elected leaders from office and replacing West Virginia’s government with “sovereign citizens” — a movement which grew out of a belief in government abuses of power.

“We are at war,” Deegan allegedly said during at least one of several conference calls through the month of September when investigators claimed plans were formulated to make West Virginia a foothold for the sovereign movement to “take back the United States.”

On Sept. 4, in a separate action, Deegan, Hudok and a third man, Gene Stalnaker, filed an amended motion with the state Supreme Court, challenging the legitimacy of state government.

For their own individual reasons, “We believe our rights have been abridged,” said Hudok who resigned as chair of the state Constitution Party earlier this month.

“I am asking for them to resign,” Hudok said of the request of elected officials who, he claimed, are in breach of contract.

Hoppy Kercheval, “Talkline” host, asked, “And if they don’t resign?”

“Then it’s the people’s duty to restore the rule of law and restore good government,” Hudok answered.

Prior to the alleged established Sept. 24 overthrow date, Hudok — who has not been charged criminally — announced on his website that the event had been canceled.

“I believe it was definitely determined that there weren’t going to be enough people to be a show of force, to show the elected officials who are our servants that they have done wrong and the people will not stand for it,” when asked if Deegan’s arrest prompted the cancellation.

Hudok, who ran for U.S. Senate in 2014, said he does not believe Deegan was properly arrested. “I don’t believe he was,” he said. State government, he argued, is functioning as a corporation. “Isn’t it true that corporations only have standing over their employees?”

Investigators claimed Deegan had advised those wanting to participate on Sept. 24 to learn the layout of the target sites and promised reimbursements once the sovereign movement had “secured West Virginia” using gunfire, if necessary.

Hudok disputed claims of planned violence. “He didn’t want violence. He’s always said he doesn’t want anyone to get hurt. He didn’t want any bloodshed. Thomas Deegan has never hurt anyone, that I know of,” he said.

“What was Thomas Jefferson talking about when he talked about the ‘Tree of Liberty?’ When the government gave us the 2nd Amendment, it wasn’t that they wanted us to shoot people, it was for you to have the defense, for you to use it if you needed it.”

With Deegan’s alleged plot, any officeholders overthrown in West Virginia would have been charged with crimes including treason and kidnapping. The alleged individuals targeted reportedly included Gov. Earl Ray Tomblin and state Adjutant General James Hoyer.

A preliminary hearing for Deegan is scheduled for Oct. 5 in Wood County Magistrate Court in front of Magistrate Robin Waters.





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