US District Court

District of South Carolina

 United States of America,    ) 
Plaintiff                     )   No. 8:05cv2734-hmh 
                              ) 
Vs.                           ) 
                              )
 Robert Clarkson,             )  Motion for Extension of
 And The Patriot Network      )  Time to File Objections            
Defendant              

Pursuiant to Rule 6B, FRCP, Defendant Robert Clarkson hereby files his Motion of Extension of Time to File his Objections and Appeal to the Report and Recommendation of Magistrate Judge dated May 14, 2007:

1.   On Thursday May 3, 2007 Defendant was a victim of an FBI raid which removed from his office, his papers and exhibits vital to preparing his defense and filing his Objections to Report of the Magistrate.

Therefore Clarkson requests an extension of time to file his Objections for an undetermined period plus 30 days after the FBI returns his papers and pleading, or in the alternative, 30-days after this date.  The DOJ in a recent email stated that they would not object to a 30-day extension

2. First, Clarkson would like to thank the Magistrate for her terminology of “avoidance activities” and “interference activities” which allow the parties to use terms which are easy to understand and definable.  Clarkson did not expect the government to use his terms and so stated.

Further the Magistrate’s order is unusual well-written and clear, however Clarkson was dismayed that the Magistrate, who has a firm grasp on the issues in this case, was so utterly wrong about the financial operations on a small political action group advocating restoring the Constitution in full force and effect.

3. The FBI raid removed from Clarkson’s office the following absolutely necessary documents and materials:

A. All copies of Clarkson’s password sheets both electronically and hardcopy. Thereby denying Clarkson access to his PACER and WESTLAW.

B. Clarkson’s computer hard drive and the one in-house backup disc. Both offsite backup systems failed to work.

C. Some of the pleadings in this case, the discovery material and almost all of the exhibits. The exhibits are necessary to show the court that numerous other political groups take positions similar to Clarkson, mostly in the interference area.

Attached as Exhibit A is a copy of Judicial Watch, the publication of a political action group which encourages and assists private citizens to sue government agencies to combat official wrongdoing. Clarkson had in a box a number of similar materials.

D. Ronald Reagan’s video “The Great Tax Revolt” where our later President urges avoidance of the income tax. Attached as Exhibit 2 is a quotation from President Reagan stating in Oshkosh, Wisconsin “Our Income Tax System is Unfair… Is Time we Revolted”.  That month President Reagan made a dozen similar speeches, as the missing exhibits would show. Clarkson had numerous exhibits to show the court that his political positions may be unpopular but not necessarily illegal.

E. The government freely admits that Patriot Network activities are those protected by the First Amendments but argues that they fit the exception to the Freedom of Speech provision because it is “commercial speech”. This clearly and definitely means a for-profit business or commercial enterprise. Clarkson has business records and exhibits to prove beyond any shadow of a doubt that the Patriot Network does not make a profit and cannot make a profit. Even though this political association raises money by selling books and videos for more than the cost of goods, the overall operation is a vast money-losing activity— to Clarkson’s great dismay.

Since the Network does not attempt to make a profit, it is not a business and the commercial speech exception does not apply. 

His financial records are an important part of Clarkson’s defense. The IRS has already admitted that the PN does not make a profit and the DOJ can so stipulate or this case can be continued until the FBI returns the illegal seized financial records.  

F. The agents also seized Clarkson’s few documents on Trusts and Independent Contractors. As the Magistrate noted, Clarkson is not fighting on the avoidance activist but is actively consenting the injunction on interference activities. Neither of these two programs deals with avoidance because Clarkson’s involvement with this is so small. Such activities in other Patriot groups could easily be classified as avoidance activities. Clarkson needs his records and materials to prove this point. 

G. The government justifies its closing down of a First Amendment organization due to the great harm that Clarkson does to the tax service and other federal agencies. The harm consists of Federal Judges and Administrative Law Judges signing orders against the IRS. Well???

Clarkson needs access to his seized records and documents to show that the IRS is the perpetrator of evil and Clarkson merely assists middle-class Americans without resources to protect their God-given rights guaranteed by the US Constitution.

H. Exhibits seized include flyers and promotions from law firms, trust companies and banks promoting classes and seminars on "Elder Law”. This is a rapidly growing area of the law showing the elderly how to hide their assets from hospitals and Medicaid agencies. This includes trusts and judgment proofing or “interference activities”.  

With this material from establishment law firms, Defendant can prove to the court that his interference activities are now acceptable, even though only know to a small segment of the population. Many people have taken steps to protect themselves from the collapse of the federal pension plans as explained below.

Obviously this is a political issue and the Patriot Network is a political organization. Clarkson has a right under the First Amendment to advocate repeal of Federal pension plans, which he considers Unconstitutional. Teaching interference is merely another political gambit.

Incidentally, the IRS has no jurisdiction over people fighting the federal welfare agencies.

I. A number of articles about David Walker’s Fiscal Wake-Up Tour whereby our Controller General, Chief Federal Auditor and Director of the GAO (now the Government Accountability Office) predicts the implosion of all federal pension plans. (See Exhibit C).

4. Clarkson requests also that this court order the FBI to return to him all of the documents and material needed to defend this case. The  FBI does not need, in this investigation, any documents pertaining to this case; Clarkson’s political/ religious beliefs; potential exhibits showing activities similar to Clarkson done by public policy foundations, legal think tanks, libertarian groups and similar political action groups, which are not at this time subject to FBI dismantling. 

The documents seized by the FBI will not be used for any criminal investigation according to the new FBI COINTELPRO program called “DISRUPTION OR DISMANTLING OF AN ORGANIZATION” as explained on FBI Form FD-515. Under this so-called secret programming, the political experts at the FBI headquarters in Washington, DC determine what political ideas and information the American people should receive. Those political organisations disagreeing with current governmental policies are to be dismantled by the federal agents. This is why the FBI agents seized the Patriot Network inventory of books and videos. After the first one was taken, the Agents had no use for the other copies of the same book. The inventory was taken to prevent Clarkson from selling anti-tax material to consenting adults. 

From the internet we learned that this FBI political operation  includes “ The FXC-515 is 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.”

5. Clarkson also requests that this court order the FBI to return to him materials pertaining to their dismantling operation as these cannot by definition pertain to any lawful criminal investigation. 

6. In conclusion, the DOJ already had the upper hand against a pro-se with few resources and computer skills. Now, Clarkson is without his computer files, access to Westlaw which cost a fortune, access to his own pleadings, robbed of his inventory/fund-raising operation and more handicapped than normal.

Therefore, this request for an indefinite extension of time or a court order for the return of materials not needed for a lawful investigation is reasonable.

Certificate of Service: I certify that I sent properly on this date a copy of this motion to the opposing party, via email to Attorney Schaeffer and hardcopy to Attorney Conits.

  May 22, 2007                                                                                      

_____________________

Robert Clarkson, Pro Se                                                                                                              515 Concord Ave
Anderson SC 29621
[864]225-3061

GAO Chief Warns Economic Disaster Looms

GAO Chief Takes to Road, Warns Economic Disaster Looms Even As Many Candidates Avoid Issue

David M. Walker, Comptroller General of the United States Government Accountability Office, speaks during a Fiscal Wake-Up Tour public meeting at the LBJ School of Public Affairs in Austin, Texas, in this September 28, 2006 file photo. The Fiscal Wake-Up Tour is sponsored by the Concord Coalition, a nonpartisan grassroots organization dedicated to informing the public about the need for generationally responsible fiscal policy. (AP Photo/Chris Carson, File)

The Associated Press

By MATT CRENSON AP National Writer
AUSTIN, Texas Oct 28, 2006 (AP)

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David M. Walker sure talks like he's running for office. "This is about the future of our country, our kids and grandkids," the comptroller general of the United States warns a packed hall at Austin's historic Driskill Hotel. "We the people have to rise up to make sure things get changed."

But Walker doesn't want, or need, your vote this November. He already has a job as head of the Government Accountability Office, an investigative arm of Congress that audits and evaluates the performance of the federal government.

Basically, that makes Walker the nation's accountant-in-chief. And the accountant-in-chief's professional opinion is that the American public needs to tell Washington it's time to steer the nation off the path to financial ruin.

From the hustings and the airwaves this campaign season, America's political class can be heard debating Capitol Hill sex scandals, the wisdom of the war in Iraq and which party is tougher on terror. Democrats and Republicans talk of cutting taxes to make life easier for the American people.

Exhibit C,  page 1

What they don't talk about is a dirty little secret everyone in Washington knows, or at least should. The vast majority of economists and budget analysts agree: The ship of state is on a disastrous course, and will founder on the reefs of economic disaster if nothing is done to correct it.

There's a good reason politicians don't like to talk about the nation's long-term fiscal prospects. The subject is short on political theatrics and long on complicated economics, scary graphs and very big numbers. It reveals serious problems and offers no easy solutions. Anybody who wanted to deal with it seriously would have to talk about raising taxes and cutting benefits, nasty nostrums that might doom any candidate who prescribed them.

"There's no sexiness to it," laments Leita Hart-Fanta, an accountant who has just heard Walker's pitch. She suggests recruiting a trusted celebrity maybe Oprah to sell fiscal responsibility to the American people.

Walker doesn't want to make balancing the federal government's books sexy he just wants to make it politically palatable. He has committed to touring the nation through the 2008 elections, talking to anybody who will listen about the fiscal black hole Washington has dug itself, the "demographic tsunami" that will come when the baby boom generation begins retiring and the recklessness of borrowing money from foreign lenders to pay for the operation of the U.S. government.

"He can speak forthrightly and independently because his job is not in jeopardy if he tells the truth," said Isabel V. Sawhill, a senior fellow in economic studies at the Brookings Institution.

Walker can talk in public about the nation's impending fiscal crisis because he has one of the most secure jobs in Washington. As comptroller general of the United States basically, the government's chief accountant he is serving a 15-year term that runs through 2013.

This year Walker has spoken to the Union League Club of Chicago and the Rotary Club of Atlanta, the Sons of the American Revolution and the World Future Society. But the backbone of his campaign has been the Fiscal Wake-up Tour, a traveling road show of economists and budget analysts who share Walker's concern for the nation's budgetary future.

Exhibit C, page 2