THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
United States of America ) Docket # 8:07-cr-00536-WMC
Plaintiff )
)
Vs )
) Petition for Contempt of Court
515 Concord Ave )
Robert Clarkson )
Defendant )
Pursuant to Rule FRCrimP 42, Defendant Robert Clarkson moves this Court for a contempt of court citation against Special Agent Andrew R. Romagnuola AKA agent Andy of FBI office in Asheville, NC and his supervisor James Russell of the FBI office in Charlotte, NC:
and 1. On May 3 2007, a team of FBI agents seized the property of Robert Clarkson in Anderson, SC pursuit to search warrant by US Magistrate Judge Catoe on behalf of the FBI in Asheville, NC. This court ordered on August 10 that the FBI return to Clarkson the seized property not relevant to a criminal investigation. On September 4, Clarkson picked up most of his property but not all. Defendant moved this court on October 11, 2007 for second order for the return of his personal properties, his political materials, those properties not needed by the FBI for a lawful legal investigation and not already returned. This case was then moved by Magistrate Catoe to the Federal Court in the Western District of NC in Asheville.
COUNT I
2. On February 25, 2008, the Honorable Lacy Thornburg USDJ- WDNC ordered denied Clarkson second motion under Rule 41g. The denial was based upon the government’s response dated February 11, where by AUSA Jill Rose promise the court that the FBI would return to petitioner his silver coinage, a coin collection and paper currency.
3. After Judge Thornburg accepted the assurance of the US Attorney’s office that these items would be returned and based his order upon this promise, the FBI properly reneged.
4. On February 26, James D. Russell Supervisory Senior Resident Agent sent Clarkson his letter (attached) stating that the Federal Agents have possession of silver medallions called Liberty Dollars but would not return these to Clarkson.
5. The Liberty Dollars are private mint coinage manufactured for NORFED (The Nation Organization for the Repeal of the Federal Reserve Act and the Internal Revenue Code). These silver rounds are one ounce “fine silver” which means pure silver or bullion coins. These rounds are worth approximately 20 dollars each. The G-men are retaining a number of valuable pieces of property of Clarkson and he wants them returned.
6. Both FBI agents are licensed lawyers, are aware of Judge Thornburg’s orders and know very well that court orders must be obeyed. Their open and defiant refusal to return valuable properties and to obey the trial judge’s orders constitutes contempt of court.
They could have moved the court to allow them to keep the LD rounds.
COUNT II
7. On January 29, Judge Thornburg issued his first order directing the government: A. “to produce evidence pertaining to its continuing need for Clarkson’s property in an investigation or prosecution”. B. To file affidavits to that effect. This of course means truthful affidavits.
8. Based on said affidavit, the judge issued his said denial on February 25.
9. In her said response dated February 11, AUSA Rose stated that the investigation was for mail fraud under 18 USC 1341, 1343, 371. Nobody at no time has alleged that Clarkson has any involvement with the third patriot group in Asheville which is under an active investigation for bank fraud. Clarkson claims he did not know of this other group or its activities.
10. On April 8, Clarkson met for the second time with Agent Andy in Asheville and picked some of his coins and cash. Clarkson was informed that his case was turned over to the IRS for investigation and the FBI no longer had an active investigation on him.
11. Pursuant to Judge Thornburg’s order, Ms Rose filed with the court statements and affidavits including the original affidavit for the search warrant of May 3, 2007. The original affidavit and the new one dated on or about February 11, were filed under seal.
12. Under oath the government agents stated to the District Court that they have a legitimate need for the property withheld. Now, how could a lawful legitimate need exist if the investigation and possible prosecution has ended?
13. On February 11 when the government filed pleadings in court, the investigation was over. Therefore these filings were false. A finding of contempt of court is proper and needed in a case like this to protect the integrity of the entire court system.
COUNT III
14. None of the items retained have any use in a criminal case because:
A. No lawful criminal investigation against Clarkson by the FBI exists now nor has
ever existed.
B. Many items cannot possibly be evidence such as computer hard drives, Microsoft
operating system, law school diploma, cash, generic silver rounds, wives personal
property and paperwork, etc.
15. Judge Catoe ordered one time the return of unneeded items and Judge Thornburg ordered this twice. If no legal investigation existed from the beginning, then the government agents are in violation of all three orders.
16. Violation of three court orders is a valid subject for a contempt of court charge.
17. From the beginning the special agents have been explicate that they had no information linking Clarkson to the activities of the third patriot group. This is explained in more detail in the Summery of Events, filed here with
18. The Government had three vast sources of information about Clarkson and all of his activities:
A. Website http://www.patriotnetwork.info . Everything is posted there except the
Patriot Network financial records. Why would a political organization have a website
unless it was posting everything?
B. A team of three undercover agents for two years attended all of the meetings
of the Asheville meetings and a few of the others. A UCA even worked in the Patriot
Network office. All of PN activities are openly discussed at the meetings which
are open to everybody. After spending a vast amount of taxpayer dollars the UCAs
found nothing that was not on the website.
C. The FBI under said search warrant seized an truck load of books, material, videos,
etc. See newspaper article. Again after expending a vast amount of the trusting
taxpayers’ dollars to seize and examine the Clarkson paperwork, the Federals found
nothing that was not on Clarkson’s website.
D. After wasting millions of dollars of limited law enforcement resources, the special
agent found absolutely nothing connecting Clarkson to the third patriot group or
its activities with banking instruments, or any other criminal activities within
the jurisdiction of the FBI.
19. Prior to raiding the PN office, Agent Andy et. al. investigated the third unnamed patriot group. They interviewed dozens of suspects and executed an equal number of search warrants. At the first meeting with Agent Andy in May 2007, he clearly stated that Clarkson was not involved with the banking instruments.
Ab inito, the agents knew Clarkson had no connection to the mail fraud case but they still signed an affidavit and executed a search warrant. This caused a massive disruption in the lives and activities of the Clarkson family, an immense finical hardship to the family and the political organization, both of which are poorly funded.
20. The removal of the inventory and records of the political organization created immense difficulties and denied many American citizens access to unpopular political material. No lawful law enforcement purpose was served.
COUNT IV
21. The initial affidavit submitted to Judge Catoe on or about May 2007, was false in its in toto. The agents knew it was false when they signed it. Filing a false affidavit even for a federal agent is a valid subject for contempt of court.
COUNT V
22. On February 13, in connection with said response of Ms Rose, the agents resubmitted to Judge Thornburg their affidavit May 2007, with other statements/ affidavits. All of these were false and are a fit subject for a contempt finding.
COUNT VI
23. In this case the most prestigious law enforcement on earth has purposefully and deceitfully disrupted a fringe political organization. They federales have resurrected the discredited COINTELPRO activities now called Dismantlement. This is explained on PN website under menu item COINTELPRO. Once again the federal law agencies are interfering with the political processes of a free people.
24. This concealment of their true purpose in their affidavits is worthy of a contempt finding.
Conclusion VII
25. In conclusion, the Patriot Network is a political group protected by the US Constitution. The false statements warrant judicial scrutiny appropriate action.
Certificate of Service: I hereby certify that on this date I sent properly a copy to opposing counsel.
___________________________ May 12, 2008
Robert Clarkson, Pro Se
515 Concord Avenue
Anderson, SC 29621 (864) 225-3061
Nations that have a secret police need them.