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Cunningham Claims Due Process Violated

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posted on Sep, 7 2005 @ 03:29 PM
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Lawyers for Rep. Randy Cunningham and his wife contend U.S. attorneys violated federal law when they filed a 'lis pendens' in a secretive attempt to block the sale of the Cunningham's Rancho Santa Fe estate.
 



www.nctimes.com
The couple also argue that the action to block and eventually move to seize the proceeds of a sale has resulted in "low-ball" offers far below the $3.5 million they are seeking for the property.

In July, the government attempted to block the sale by filing what was initially a secret notice of its interest in the property. U.S. attorneys contend that Cunningham, R-Escondido, bought the home in part with money obtained in violation of bribery statutes.

In pleadings filed Tuesday in the government's civil case seeking forfeiture of the home, Cunningham's attorneys argue that the government's action was a clear violation of federal law.

They contend U.S. attorneys in San Diego violated the law when they filed a lis pendens, a notice that the government had filed a civil suit against the property, and then sealed and never served the couple with notice of the suit.

As a result, the Cunninghams are asking a judge to "remedy the government's knowing violation of their due process right by awarding monetary damages as well reasonable attorneys' fees and costs," the attorneys state. The amount being sought was not specified.

The U.S. attorneys handling the case could not be reached for comment late Tuesday afternoon.



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The plot thickens. As far as I know, Rep. Cunningham has not yet been charged with any crimes. Why then, is the federal government moving so swiftly to seize his assets and control the sale of his property? Is it to make sure he doesn't have the wherewithal to mount an adequate defense against the crimes he is yet to be charged with?

This man has gotten on the wrong side of some very powerful people in Washington. He is getting the equivalent of being stripped naked, tarred and feathered, and run out of town on a rail.

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[edit on 7-9-2005 by Icarus Rising]

[edit on 10-9-2005 by DJDOHBOY]




posted on Sep, 13 2005 @ 05:54 PM
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Who cares, he was a hell of a fighter jockey.

His encounter with a North Vietnamese ace in a MiG-17 is a classic.



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