FOR THE FOURTH CIRCUIT
United States of America                 ) Docket # 1:08MC5 (WDNC)
Plaintiff                                )        
                                         ) Docket # 8:07CR 536 WMC 
Vs.                                      )   (DSC)
515 Concord Ave                          )  Motion for Remand 
Robert Clarkson                          )                  
Defendant                                )

Defendant Robert Clarkson hereby files his Motion for Remand based on important new information.

1. Movant is well aware that this motion is disfavored by the courts. However new events have taken place which the lower court must rule on.

2. On March 26, 2008 Clarkson filed his Notice of Appeal. He has now paid his fees and is proceeding with the appeal in its normal course. However after great thought, Clarkson believes that this matter should be returned to the lower court for another decision.

3. This case deals with a search warrant on May 3, 2007 on Clarkson’s home and the office of a political organization by the FBI from Asheville North Carolina.

4. The FBI had an active investigation against a patriot group in Asheville which was fighting the Federal Reserve and the international bankers by use of banking instruments such as bill of exchanges, whatever that is. Clarkson was not involved in this activity in any way and claims he did not know about it.

5. Clarkson is the founder and principal officer of a patriot political group called the Asheville Patriots. This political action group is a legitimate tax reform group with the mission of abolishing the IRS, the income tax and the Federal Reserve. Dozens of political groups classified as “tax protestor” operate in North Carolina with similar purposes and goals.

All these groups are different with different leaders, different beliefs and different practices. No central leader or organization exists. Each group operates independently. However the members move between the groups and attend various meetings.

6. None of the groups advocate violence or participate in that, but all are outside of the mainstream and some have rather strange political beliefs and political practices. In general the patriots are a great nuisance to the establishment. These participates even hide behind the First Amendment.

7. The FBI has spent millions of dollars investigating Clarkson and has found absolutely nothing that they did not already know. Clarkson has a website which explains everything he does. Please examine None of his activities are not listed on the website. Nothing on the website dealt with banking instruments.

Why would a political group have a website without listing their beliefs and events?

8. The FBI had for two years a team of three undercover agents attend the meetings of the Asheville Patriots and do surveillance on Clarkson. During this time they found nothing about him that was not on his website and no involvement by him with banking instruments, now called “acceptance for value”.

9. The FBI on May 3 raided his home/office and took everything. He and his family were left only with clothes and furniture. Attached is a copy of the newspaper article.

10. The FBI made a through search of his house and all of the contents therein. Again they found absolutely nothing dealing with banking instruments nor anything not on his website except the political association’s financial records.

11. Two months after the raid, Clarkson filed a Rule 41g Motion for Return of Property. The government filed its response on August 9, 2007 and on August 10, the Magistrate Judge in Greenville, SC ordered that the FBI return all of the seized properties unless it was related to an investigation. No property of Clarkson was or could be related to the investigation.

The judicial officer was Magistrate William M. Catoe who also issued the search warrant.

12. The FBI refused to return all of Clarkson’s properties so he filed on October 6, 2007 a second motion under Rule 41g which was transferred to the Honorable Stacy Thornburg USDJ-WDNC in Asheville, NC.

13. Judge Thornburg on January 29, 2008 issued his order ordering the FBI to prove by affidavit that all of the seized items were needed for their investigation. From this order and the denied rehearing this appeal springs.

14. On February 11, 2008 AUSA Jill Rose of the US Attorney’s Office in Asheville filed her response to Clarkson’s Motion’s. This motion states the government’s case and is the basis for this Motion for Remand.

15. In section II A. Underlying Crimes of said Motion, the government stated very well they were investigating crimes under 18 USC 1341, 1343, and 371.

Now the FBI has already stated that they knew that Clarkson had no connection to the third Patriot club doing banking instruments. Nobody at anytime has ever connected Clarkson to the activities of the other group under investigation for mail fraud.

16. Again Appellant has been right vocal that he was not only not involved but not even aware of the other group’s existence or activities or members. He did know a few of the people involved and he knew that such activities existed out West.

17. Therefore according to the AUSA response to the court, Clarkson is not under investigation for mail fraud, etc. Defendant explained to them carefully that the Privacy Act and other federal laws prohibits the FBI from investigating tax offences which is the exclusive bailiwick of IRS.

18.Additionally Ms. AUSA Rose stated in her last page of said response that “the FBI wishes to return to Clarkson” additional items including his checks, silver coinage, a coin collection and assorted paper currency.

19. Based upon the assurance of Ms. Rose, Judge Thornburg issued his order on February the 25th denying Clarkson’s request for return of properties. Then the FBI promptly reneged.

20. On April 8, 2008 Clarkson met for the second time with the FBI in the Ashville. At this time Clarkson received notification that the FBI was no longer investigating him and that the tax case had been turned over to the IRS.

21. Well, the justification for the search warrant and Judge Thornburg’s orders no longer exist. The FBI is unable to continue obeying Judge Thornburg’s first order “to produce evidence pertaining to its continuing need for Clarkson’s property in an investigation or prosecution”.

22. This new information needs to be presented to the trial Judge for an updated decision. This may save everybody the expense of continuing this appeal.

23. Secondly, the FBI has not returned a number of items promised by Attorney Rose in her said response. The FBI has not returned one of more gold coins, approximately $2,000 in cash, Ms. Clarkson’s silver coin necklace, a large number of silver coins, Indian head penny coin collection in folders, etc.

24. Clarkson was informed by the FBI that they were not returning his silver medallions called “liberty dollars” because they were now classified as contraband. Pieces of metal can not be contraband. Besides if the G-men are withholding silver coins promised by the DOJ, then they should go back to the Judge to have the order modified.

25. Because of the two grounds above mentioned, this case should be remanded to the trial Judge for a new decision in light of new evidence.

26. Further Clarkson appeal brief is due on April 25, 2008 and he moves for continuance on the grounds that this matter needs to be resolved first.

27. In conclusion, the FBI in Asheville has issued dozens of search warrants and is continually expanding their investigation against obscure political groups but not sought any indictments after four years. The well paid agents of the world’s most prestigious law enforcement agency are a bunch of outsiders who are not familiar with the Uncle Remus tale of the Tar Baby.

Certificate of Service: I hereby certify that on this date I sent properly a copy to opposing counsel.

___________________________                       April 21, 2008
Robert Clarkson, Pro Se
515 Concord Avenue
Anderson, SC 29621 file:///C:\Documents and Settings\Owner\My Documents\Visual Studio 2008\Projects\PatriotNetwork\Website\member_area\
(864) 225-3061