September 13, 2007
Ms. Jill Westmoreland Rose
Assistant US Attorney
100 Otis Street, Rm 233, Asheville, NC 28801
Re: USA vs. 515 Concord Ave (Robert Clarkson), Docket # 8:07-cr-0536
Dear Attorney Jill:
You represented the FBI in securing a search warrant from the Federal Magistrate in Greenville, SC to search my home and take my property. The search warrant was executed on May 3, 2007. On August 10, 2007 the Court ordered my property returned to me.
In this instant case you filed two motions—neither of which you sent to me. You signed your name to the Certificate of Service which very clearly stated that you mailed a copy of these two pleading to me. These statements were untrue.
Your certificate of service on the motions was false. You filed two false statements against me at the courthouse. I cannot deal with people who commit crimes against me, including filing a false statement with a federal court against me. Please remove yourself from any matters dealing with me.
On August 3, 2007 you filed in this case your Motion to Extend Time to Respond with the court. On August 9, you also filed your Government’s Response to Motion for Return of Seized Property. On both of these pleadings, you signed under penalties of perjury your Certificate of Service certifying that you sent by US post office a copy of these pleadings to me. I contend that you did not send these pleadings.
I have been involved in legal matters for forty years. I know that receiving important letters is essential and vital. The folks here and I are extremely careful about incoming mail, especially from the Prosecutor’s office. Losing two pieces of mail from the same address is extremely unlikely. You just did not send them.
As you well know, your office has a very weak case against me, if any. I request that I be removed as a target and that I be formally notified. After you make your determination of my lack of involvement in the banking activities of the other group, you should notify me of my status. You are not paid by the taxpayers to harass and burden political groups.
The District Court in Greenville, SC ruled in one day that the FBI must return all of my property to me that they seized, unless it was “relevant to the ongoing investigation”. Of course the Judge meant a legal, lawful criminal investigation.
On September 11th I took a truck and a crew to Charlotte, NC and retrieved my seized property. The court ordered the agents to bring my property to me by August 31. They violated a court order. I am sure that you will administer appropriate disciplinary action against the FBI for their breach of conduct.
Special Agent Andy may not have informed you that I have written a series of letters to him explaining my positions. I recommend that you read these letters. You can find them on my website under COINTELPRO. The password for the restricted portion is 4143.
In response to the direction of the Magistrate, I sent Special Agent Andy a long list of my property that was not returned to me. I request that you contact the investigators and instruct them to obey the court order.
For example, the Agents took between $1000 and $3000 in currency from my cash envelope. After examining the bank notes in the normal procedure, they deposited these into an FBI bank account. The dollars bills are no longer evidence because they have been put back into general circulation. Likewise, the FBI bank account is not evidence against me.
Why are these highly paid special agents withholding my property in opposition to a court order? Why did highly-educated G-men even raid my house in the first place?
The FBI operation against me is called dismantlement. Agent Andy took a truck load of material from my office that had no bearing to a criminal case. For example he took blank stationary, political literature, book store inventory, etc. You saw my Rule 41 motion. If you like, we can work together to reach some agreement for a quick and simple resolution in this matter.
You graduated from law school and you have had classes on the Constitutional rights of the American people. You have been appointed to a position with immense power, prestige and privilege. You receive many benefits due to your job and above average pay for your area. With your honorable title, you are also responsible for protecting the rights of the citizens in Western North Carolina. COINTELPRO was a serious embarrassment to all federal law enforcement agencies. Many Assistant US Attorneys including Gordon Liddy participated in those despicable activities.
This blight on our Nation's honor was stopped by the news media; money grubbing attorneys and extremist political groups. Your predecessors in office looked the other way when they witnessed “wholesale violations of the Constitutional rights of the America people” (The Church Committee). I hope that you will honor the responsibilities of your office and work to safeguard the rights and liberties that God gave Americans.
As some mad-man was gunning down the students at Virginia Tech, eight heavily armed FBI agents were carrying boxes of my political literature to two rented vans. Unfortunately, citizens’ lives and safety were endangered during this foolish FBI expedition against a really small political action group. The FBI’s purpose is to protect the safety of the populace, not to determine what political opinions we can hear and see.
Robert B. Clarkson