From: Randy Due
To: Jerry M. Hug
Sent: Sunday, May 12, 2013 10:59 PM
Subject: Requests for Franks hearing Discovery
May 12, 2013
>1. Mr. Hug, you are assigned to work for me as my assistance of counsel, not the United States government or the Judges and Prosecuting attorneys and circumstances better not prove otherwise.
>2. I command you, Jerry Hug, to immediately take an Sworn and Notarized Oath to serve me in harmony with the Constitution for the United States and obtain a Preformance Bond minium of $350,000.00 to guarantee your preformance of services that I am demanding and immediately provide these to me.
>3. Your failure to preform as requested shall comprimise your bar card, membership in the bar association and your access to the Bar Financial Fund.
>4. Any other preformance on your part is in the Nature of Quartering Soliders in my house, which is a violation of the 3rd Amendment.
>5. Requests for Franks hearing discovery
>6. To obtain a Franks hearing, a defendant must make a substantial preliminary showing that:
(1) the warrant affidavit contains a false statement or material omission that makes the affidavit misleading;
(2) the false statement or material omission was the result of the affiant’s deliberate falsehood or reckless disregard for the truth; and
(3) the false statement or material omission was integral or necessary to the judge’s probable cause finding. See, e.g., Franks, 438 U.S. at 171; United States v. Martin, 426 F.3d 68, 73 (2d Cir. 2005); United States v. Singh, 390 F.3d 168, 183 (2d Cir. 2004). As the Fourth Circuit stated in United States v. Colkley, 899 F.2d 297, 300-301 (1990),
>7. Furthermore, the 4th Amendment guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
>8. Jerry Hug, you have failed to show me any proof that you have entered and/or presented any requests to the court requesting discovery of any Probale Cause sworn under Oath or Affirmation required by the 4th Amendment to support the arrest warrant issued against me. I feel and believe that failure by government agents to have obtained “Probable Cause” without supporting Affidavit is a felony offense by 18 USC sections 2, 3, 4 and 241.
>9. If you do not agree with this, I immediately demand you show “Just Cause” of specific Findings of Facts and Conclusions of Law to support your belief by Affidavit sworn to be true, correct, materially complete and not misleading under your own Commercial Liability.
>10. I, Randall Due, am commanding you, Jerry Hug, to obtain all the evidence, which was presented to the Grand Jury to obtain the indictment.
>11. I command you also, to obtain the transcript of the testimony given to the grand jury in my case no 8:12CR344 and ascertain if it was given under oath or not and provide me with a copy of it and redact the names if you wish.
>12. I command you to identify the name of the government officer(s) who presented it.
>13. I comand you, also, obtain an identify the name and mailing address for the foreman and the secretary of the Grand Jury and provide the source of the identification so that they may be summoned to the Franks Hearing.
>14. There is not going to be anything whimsical of your preformance of duties and responsibilities to me as appointed assistance of counsel.