Andrew R. Romagnuola, Special Agent
Federal Bureau of Investigation August 11,
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
1. 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
The District Court in
The Assistant US Attorney in
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
__________________________
Dan Patriot
PRIVACY ACT REQUEST
FOR DOCUMENTS
Andrew R. Romagnuola,
Special Agent
August 11, 2008
Federal Bureau of Investigation
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)
Yours, DOB
________________
_____________________________ SSN# ________________
Daniel Patriot
State of North Carolina }
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
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