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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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