1776 Patriot Way
Arden NC 00000
August 11, 2008
Andrew R. Romagnuola, Special Agent
Federal Bureau of Investigation
151 Patton Avenue, Suite 211
Asheville, NC 28801
Re: FBI raid on Daniel Patriot in January 2008
Dear Agent Andy:
On January _____, 2008, you and your crew executed a search warrant at my home at 77 Moody Park Dr. in Mills River, NC. You did this pursuant to a search warrant issued on the day before by the US Magistrate Judge in Asheville, NC.
In June, 2008, the Grand Jury issued indictments against the four people in the BOE case. I was not named, and presumably the investigation against me has ended. Since no criminal investigation is active by your office, the seized items have no evidentiary value.
Since you are not going to use my property in a prosecution, you should return these items to me as soon as possible. My possessions are needed by me and have no use to the FBI.
2. The courts have ruled in many cases that the possessions of a citizen must be returned when no longer needed for evidence. See:
A. In United States v. Wilson, 540 F.2d 1100, 1104 (D.C.Cir.1976) the appeals court held: Ordinarily, property seized for purposes of a trial that is neither contraband nor subject to a forfeiture statute is to be returned to the defendant at the end of the trial.
B. In Martinson, 809 F.2d at 1369, the circuit court held: ,“when the property in question is no longer needed for evidentiary purposes, ... the burden of proof changes. The person from whom the property is seized is presumed to have a right to its return, and the government has the burden of demonstrating that it has a legitimate reason to retain the property.”
3. At the raid at my address, you seized a number of valuable items which have no use to a criminal investigation from the beginning. Since these items will not be used as evidence in a criminal investigation, I request that you return them to me. This included the items listed by a Federal Bureau of Investigation special agent in the form of a receipt on that day.
4. At that time you, you seized some coins. You are welcome to keep one as a representative sample for your investigation. I request that you return the others to me.
4. At that time you also seized:
A. Five silver coins called Liberty Dollars.
B. Tax records, old tax forms, letters from the IRS, etc. These are already in possession of the IRS. Therefore, you have need for them.
C. Political books, DVD’s, videos, etc.
5. You have had adequate time by now to have reviewed my material and to have ascertained that it has no value in a criminal investigation.
6. You cut the lock on my utility building. You can replace that or reimburse me.
7. I hope we can resolve this matter without litigation. We do not want to violate the concept of judicial economy or insult the fine judges in the Western North Carolina. In a similar case involving Robert Clarkson, the magistrate judge in Greenville, SC, ordered the FBI to return most of the material subject to the search warrant. Judges in Asheville will probably take a similar stance. Therefore, we can avoid unnecessary court action if you return these similar items as you returned the seized items to Dr. Clarkson.
The District Court in Asheville, NC, also ordered your office to return all items seized to Robert Clarkson that had no evidentiary value in your investigation. Please apply the same standard to the items you took from me, and return to me the items you do not need. This would save everyone a lot of time, resources and the expense of a court case.
The Assistant US Attorney in Asheville agreed to return to Dr. Clarkson his coins, cash, checks and other material. Apparently she anticipated a court order and took the wise action of conceding where she could not win anyway.
The Constitution not only protects political beliefs, but political practices. Churches not only have religious beliefs, but also have religious practices to further or promote their beliefs. Religious practices are an important part of religious beliefs as are political practices an important part of political beliefs.
As you saw in the news media, last year the FBI office in Boston paid over one hundred and ten million dollars ($110,000,000) in damages and generated adverse publicity. Please do not bring such shame on the good office in Asheville, North Carolina.
PRIVACY ACT REQUEST FOR DOCUMENTS
August 11, 2008
Andrew R. Romagnuola, Special Agent
Federal Bureau of Investigation
151 Patton Avenue, Suite 211 , Asheville, NC 28801
This is 5 USC 55 a request under the Privacy Act, 5 USC 552a, and the Freedom of Information Act, 5 USC 552.
1. I am prepared to pay reasonable cost in locating the information listed below and reproducing it. My Social Security number is given below. If some of my request is exempt from release, please furnish me with the portions “reasonably segregatable." If you determine that some of my request is exempt, please provide me with an indexing, itemization and detailed justification concerning information which you are not releasing.
2. I request that you send me a copy of any and all documents, records or materials about me, concerning me or mentioning me, located anywhere or in any systems of records in your agency. I specifically request that for all of this request, you search each and every file, system of files or system of records, in particular those pertaining to me, in your entire agency and those under your control, in particular those pertaining to me, for any item, collection or grouping of information pertaining to me and furnish that to me.
3. I request in particular the following documents, electronic records, emails, and all materials in your office and anywhere in your agency, pertaining to me, the case against me, your harassment, COINTELPRO like operation which is called Dismantlement against political groups, which I was involved, including:
A. Pertaining to my political activities and pertaining to any political action groups including the Asheville Patriots.
B. On my religious beliefs, activities and my church
C. All records pertaining to how I exercise my rights as guaranteed by the First Amendment of the US Constitution, as provided in Privacy Act (e) (7).
D. Plus material list on the attached sheet.
4. Also, furnish me with an accounting of all agency disclosures pertaining to me or to records on me including the date, nature and purpose of each disclosure, and the person and agency to whom the disclosure was made. Privacy Act (c)
State of North Carolina }
Buncombe County }
I declare under oath that I am the individual making this request, that I have furnished to the notary Public positive identification and that this is my signature.
Sworn to me this _______th day of August 2008.. . . Requestor
Notary Public for this State.
My commission expires: ________________
Attached Sheet to Privacy Act Request for Documents
E. All material related to the Asheville Patriots, The Patriot community, individual patriots, and their activities in Asheville, NC, including your investigation about banking instruments as long as this does not pertain to a legal and lawful criminal investigation. All material pertaining to any political group in North Carolina, particularly in the Asheville area, especially if pertaining to me.
F. All records policies, regulations and material pertaining to me and an FBI secret program aimed at identifying and "DISMANTLING" any organization that the FBI perceives disagreeing with the current governmental policies, domestic/and or foreign, including:
(1) FBI Form FD-515 with accompanying "DISRUPTION OR DISMANTLEMENT OF AN ORGANIZATION" supplemental page.
(2) Form FXC-515, an "Accomplishment Report" listing investigative techniques such as Financial
Analysis, Aircraft Surveillance Assistance, Computer related investigations, Consensual monitoring
(electronic surveillance), purchasing evidence, forensic laboratory analysis, pen registers on phones, search
warrants, 'show money', SWAT teams, Phone toll records, and many others.
(3) Regulations, directives and policy statements authorizing the FBI to reinstate COINTELPRO or any dismantling program to disrupt, burden or harass any political operation