Prosecutors say they will ask a federal appeals court to quickly intervene and stop the release of nine jailed Michigan militia members accused of conspiring to overthrow the U.S. government.

U.S. Attorney Barbara McQuade says the conditions set by a judge will not ensure the public's safety. She says the appeals court will be asked to issue an emergency stay Thursday.

The nine were expected to be returned to court to be processed at 11 a.m. EDT before being released. But the appeals court could halt everything.

U.S. District Judge Victoria Roberts on Monday said the militia members could be released until trial with electronic monitoring devices. She froze her order until Wednesday night.

They are charged with conspiracy to commit sedition, or rebellion, against the government and the attempted use of weapons of mass destruction.