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Old April 27th 06, 07:02 PM posted to rec.radio.amateur.misc,rec.radio.amateur.policy
 
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Default K1MAN wins again!

You are correct that the "trial" being discussed in the FO is the debt
collection trial. However, Baxter can bring up any issues he desires
in an effort to argue that he doesn't owe the fine. He will, however,
be at a marked disadvantage because the burden of proof will be on him
at that point. Also, what the FCC denied him was a hearing before the
FCC commissioners which was unlikely to happen and was a misplaced
request in this case. He needs to appeal the FO to the proper courts
to get this heard.

Right now Baxter is ignoring his due process rights to appeal the FO
and have it heard in court. He *must* appeal the FO within 30 days or
it becomes final. If he doesn't fight this in an appeal it will become
final and he will end up with the burden of proof. At the appeal the
burden of proof is on the FCC if he waits for the debt collection trial
he has willfully given up his rights.

Baxter has made a series of serious missteps here and is slowly giving
up his rights to due process. His supporters insist that he's being
unfairly treated when he's not. Our legal system has it's process and
sometimes they don't make a lot of sense to the general public who get
most of their "legal" training from the TV shows they watch. You got
to follow the rules carefully.

Just because you don't understand the rules does not mean the game is
unfair. I would *strongly* suggest that Baxter obtain the services of
a lawyer who does understand the rules. If Baxter thinks he's going to
pull a Matlock move in court and get himself off, he's as nuts as some
folks claim. A lawyer would advise him on the best way to preserve his
rights.

 
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