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FISA Warrants and Domestic Terrorism
According to PolitiFact, the U.S. government’s Extremists Crime Database reveals that between September 12, 2001 and December 31, 2016, there were 85 deadly attacks committed in this country by violent extremists resulting in 225 deaths.
Far-Right Violent Extremist Accountable for 47 Percent of Deaths
An April 2017 U.S. Government Accountability Office (GAO) report defined “violent extremism” as “supporting or committing violent acts to achieve political, ideological, religious or social goals.” The GAO report says that of the 225 deaths, 53 percent were caused by “radical Islamic extremists” while 47 percent were caused by “far-right extremists.”
The GAO says violent extremists include “white supremacists; anti-government groups; groups with extreme views on abortion, animal rights, the environment or federal ownership of public lands; and radical Islamist entities, such as the Islamic State of Iraq and Syria (ISIS).”
Domestic Terrorists
All these individuals and groups are interchangeably referred to by government prosecutors, research groups, and media outlets as “violent extremists” or “domestic terrorists.”
Writing the PolitiFact piece, Miriam Valverde also called attention to latest statistics on domestic terrorists’ attacks in this country since 9/11 provided by the think tank New America.
This group reports that up to August 12, 2017, including the Charlottesville attack by James Fields with his vehicle, there have 171 deaths associated with “terrorist activities”: 95 caused by jihadist, 68 by far-right extremists, and 8 by black separatist/national/supremacists.
377 Charged with Terrorism Since 9/11
New America says that some 377 individuals in this country have been charged with terror-related offenses since 9/11. Some of these charges resulted from FBI investigations using what is called “FISA warrants” or “FISA surveillance.” These warrants or electronic surveillance orders can only be issued by a Foreign Intelligence Surveillance Court (“FISC”).
The Electronic Privacy Information Center (“EPIC”) reported recently that in 2016 the government filed 1,485 applications for FISA surveillance, either electronic surveillance or physical searches. Of the 1485 applications, 1,338 were for combined electronic and physical searches, 105 for electronic surveillance alone, and 42 for physical searches alone.
FISA Surveillance, Gathering Foreign Intelligence Info Inside the US
Of these 1485 applications, EPIC said the FISC rejected only 34 of them, indicating a “rubber stamp” approval for terrorism surveillance in this country.
But exactly what is a FISA surveillance?
On August 18, 2017, the Eleventh Circuit Court of Appeals in United States v. Osmakac discussed in detail the legal implications of FISA in a terror-related decision.
The appeals court informs us that in 1978 Congress enacted the Foreign Intelligence Surveillance Act (FISA) which is codified in 50 U.S.C. § 1801. The purpose of the FISA is to regulate government surveillance conducted in the United States designed to obtain “foreign intelligence information.”
Secret Court Made of Secret Judges
FISA also created the United States Foreign Intelligence Surveillance Court (“FISC’) to oversee requests for electronic surveillance and physical searches against “foreign spies” working inside the United States. The court is located on Constitution Avenue in Washington, D.C. and its proceedings are highly secretive, far removed from public scrutiny. The Chief Justice of the U.S. Supreme Court is the only person who can appoint any of the eleven federal judges that serve on FISC on a rotating basis. The judges come from federal district across the country and do not need Senate confirmation to serve on FISC.
Although formally directed against foreign spies, FISA was also established to protect American citizens from unlawful, political electronic surveillance like the kind former FBI Director J. Edgar Hoover directed against the late Dr. Martin Luther King, Jr. and a list of “black militants” like the Black Panther Party.
Collecting Mass Data
In the wake of the 9/11 attacks, FISC assumed greater authority, as CNN reported earlier this year, and began “authorizing more sweeping collections of mass data.”
Then in 2008, Section 702 of the 2008 Foreign Intelligence Amendments Act (FIAA) was enacted to permit the National Security Agency (NSA) to monitor the communications of foreigners so long as they are outside the U.S.
The FIAA, however, has been abused in a Hoover-like manner by NSA to monitor, collect, and even rummage through the communications of U.S. citizens in search of criminal activity. These abuses notwithstanding, FIAA was renewed in December 2012 for another five years.
The FBI, CIA, and National Counterterrorism Center have each created their own procedures for how they use information gathered by NSA.
FBI Collecting Sensitive Personal Information
In June 2017, Laura Donohue published a piece in the Council on Foreign Relations, saying: “The FBI’s minimization procedures allow it to query section 702 data to look for evidence of criminal activity. It can collect, analyze, and disseminate the data, even if it relates to highly sensitive personal matters such as sexual conduct, political activities (including ‘discussions with Members of Congress and their staff’) consulting with clergy; and psychiatric and medical appointments.”
We have consistently pointed out that these surveillance laws, and the abuses of them, have turned America into a virtual “surveillance state. (here and here)
FISA Warrants
FISA electronic monitoring and physical searches applications must be certified by the U.S. Attorney General before it is submitted to FISC. The AG can, and generally will, almost always approve these applications, and secure executive branch certification for them, if they involve national security and can be linked to international terrorists.
Writing in a 2014 edition of University of the Chicago Law Review, law professor Nick Harpert described how the link between domestic and international terrorism is accomplished:
“… In many cases, the government seems to classify these [domestic terrorists/violent extremists] as international terrorists based on Internet activity that ranges from viewing and posting jihadist YouTube videos to planning attacks with suspected foreign terrorists in chat rooms, thus using FISA’s formidable investigatory weapons against them. The government is aided in this task by FIDA’s definition of international terrorists, which has an extremely vague and potentially loose internationality requirement. An expansive interpretation of this requirement could be used to subject what might properly be considered domestic terrorist groups to FISA surveillance. One should be concerned about both the existence and the effects of an expansive interpretation of FISA’s internationality.”
FISA Warrants for Domestic Cases
While electronic surveillance and physical search warrants in domestic terror cases are most often sought from FISC under the USA Patriot Act, Huffington Post reported in August 2013 that the FBI has used FISA to prosecute at least 27 accused [domestic] terrorists in this country since 2007. Citing a 2013 Reuters review of public records, HuffPost pointed out that:
“The Reuters review highlights the extent to which the FBI has come to rely on FISA to investigate or thwart domestic attacks. It involved searching the national court docket using the database of Westlaw, which is own by Thomson Reuters Corp. and includes only case where prosecutors are required to file a notice under FISA. Other cases where FISA was used may be sealed.”
HuffPost added that when the FBI uses FISA to seek approval for either electronic surveillance and/or physical searches, it is “for phone, email and electronic surveillance and for searches of property, including ‘sneak-and-peak’ search warrants in which agents covertly enter a business or home when the occupants are away, and try to leave no trail of their visit.”
Minimal Scrutiny by Courts
And as the Eleventh Circuit pointed out in its Osmakac decision, once a FISA warrant is approved by FISC, “it is subjected only to minimal scrutiny by the courts.” When the FISA target is a U.S. citizen, as Osmakac was, the courts will review the approval/certification process to only make sure it was “not clearly erroneous.”
Prosecuting Cases with FISA-Derived Evidence
FISA imposes “strict limitations” when information obtained from a surveillance or search may be used or disclosed. If the government plans to use the information to prosecute a defendant, federal prosecutors must notify the court and the “aggrieved person,” as the defendant is called, that is intends to use or disclose FISA-derived evidence.
The Eleventh Circuit pointed out that the “aggrieved person” may then “’move to suppress the evidence obtained or derived from such electronic surveillance [or physical search] on the grounds that – (1) the information was unlawfully obtained; or (2) the surveillance [or physical search] was not made in conformity with an order of authorization or approval.’”
Motion to Suppress FISA Evidence
If the government informs the court the it plans to use the FISA evidence and files an affidavit that public disclosure “would harm the national security of the United States,” the district court must then review all the FISA material in camera and ex parte.
Under 50 U.S.C. §§ 1806(f), 1825(g), the district court “may disclose to the aggrieved person, under appropriate security precautions and protective orders, portions of the [FISA] application, order, and other materials relating to the [surveillance or search] only where disclosure is necessary to make an accurate determination of the legality of the [surveillance or search].”
Rigged Process with Few Judicial Protections
It is a rigged process designed to shroud either domestic or international terrorism cases in secrecy, removed from the public eye. We feel that both FISA and the Patriot Act will be used with greater frequency by the current Attorney General Jeff Sessions against Muslims citizens, anti-Trump protestors, or other disfavored groups based on the slightest, or fabricated suspicion that the person is connected to terrorism.
FISA will be used, we fear, by the current Justice Department to obtain a broad range of information about an “aggrieved person,” the person’s family and friends, and his/her lifestyle while the Patriot Act will be used to compile information about suspected criminal activity that can be used to prosecute them.
Ignoring Alt-Right Extremist
Further, we worry that while the government will increase the use of these surveillance gathering statutes in a wholesale manner against the nation’s Muslim community and the president’s political enemies, it will fail use them against violent white extremists like those on display in Charlottesville.
We have already seen President Trump try to minimize the Alt-Right and their violent extremism by associating them with “fine people,” while advocating for a “national registry” for Muslims living in this country simply because of their country of origin and religious beliefs.
Abuse of Power to Invade Privacy, Threaten Constitutionally Protected Activities
The New York Times carried an August 15, 2017 report about the Justice Department “trying to force an internet hosting company to turn over information about everyone who visited a website used to organize protests during President Trump’s inauguration, setting off a new fight over surveillance and privacy limits.”
It is not the conspiracy inspired “deep state” that honest, law-abiding citizens must be concerned. It is the extreme, borderline fascist manner that the Trump administration will use FISA, the Patriot Act and other “law enforcement” tools to surveil political enemies and other law-abiding citizens of this country who are critical of the president and his erratic policies.
Take the first step toward protecting your freedom by contacting us now
Testimonials
John T. Floyd Law Firm
3730 Kirby Drive # 750, Houston
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What I liked the most was that he actually returned my phone after leaving a message unlike pretty much everyone else I called prior. He listened and answered my question with the best … More advice that would benefit me the most. I was actually lost from moving to Texas from a different state we’re laws vary and he pointed me toward the right direction to get a understanding of if I need to do business with him now or after I contact a lawyer in my home state.
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John is honestly the best! The whole team is. He answered me in a timely manner and helped me when my friend was going through a situation in Houston, Texas as an inmate. He was so … More thorough, honest, and without charging me sent me so much information because I was out of the loop. He never once tried to take you for your money, he did all that he could to. help me and I can't thank him enough.
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Attorney Floyd replied very timely to my inquiry and he provided practical advice. I will not hesitate to contact him in the future if I need additional legal counsel.
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Highly recommend, down to earth lawyer. Talked to me about my legal issues without being super money hungry and genuinely wanted to help me with my legal problems. 5 stars ⭐️.
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Very knowledgeable and professional. I called and left a message Friday morning and before end of business that day I received a call back.Positive
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Very helpful highly recommended for any Question / case will definitely keep he's name and number for any other legal advice
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Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
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One of the best services Ive used in awhile. Thank you for all the help and answers. You got my life back. Thank youPositive
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Im impressed. This guy was polite and professional and most important...he listened.
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Good experience and very good lawyer
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It was a pleasure speaking with John. He is knowledgeable and has a true desire to help the people of society. I turned to him for some guidance of a long-standing issue. He never … More rushed our conversation and went out of his way to look into the details to provide the right answer as well as assist me anyway he could. Thank you for our conversations and I wish your and your firm the best. If you need a lawyer, John Floyd is your guy!
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John represented me in court for roughly 2 years. I won't (and shouldn't) get into any serious details, but let me tell you that I couldn't have chosen anyone better. … More Seriously.Every appearance in court I felt very comfortable. The judge and DA's had a high regard for his reputation. There is a time I recall where simply his presence greatly impacted the court's interpretation of my case and persons. We were in front of the stand and the judge could not stop talking about John's prestige and past accomplishments and how that took in relation to my case. I kept silent in front of the judge, but I observed then that John's popularity and reputation within the court had already given me a better looking rapport with the judge. Let me tell you, I never had more confidence then, knowing that the judge held him in such high regard.This is not to mention how personable John is. I'll be honest that during the stress of court, sharing a laugh with your lawyer helps a lot. This may sound a lot, but I really appreciated the relationship we had then. This is also not to mention that he was able to deal very well with any DA that rotated over the years. Seriously, John was great, prompt with information and very hands on with my case. I had great peace those 2 years until everything wrapped up.If you're looking for a lawyer, I highly, HIGHLY recommend the John T. Floyd Law Firm. He IS nationally renowned, you know. He'll get the job done to the utmost confidence. He's very experienced and has a great record to boot. I am glad to have had him represent me in court and trust me that I never thought I'd ever say that (and whoever does?). We explored every avenue of victory together and I personally enjoyed the experience, despite the seriousness of the accusation.If you have a case that needs to be represented at the highest levels, choose John T. Floyd. He's a good man and very good at what he does. Him and his team has the experience you need to make the best decisions and options to get the best outcome for your case. We got the best result I could possibly ask for, thank God.Seriously. Hire John. He knows what he's doing.Seriously.
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One of the few honest lawyers I have ever talked to. His complimentary consultation was knowledgeable and thorough. He knew exactly what the issue was and how to handle it. His candid … More appraisal of the situation and how to proceed saved me thousands of dollars in legal fees. If you have a case requiring expertise in John's area of practice, look no further. Hire this man!
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I had the opportunity to read an article that Mr. Floyd wrote and it was very interesting. I called him about the article and advice concerning a similar situation. He not only gave … More me excellent advice, he pointed out not just what I wanted to hear but what I needed to hear concerning my situation. The Good, The Bad and The ugly in a manner or speaking. He spoke with an open and honest heart with information to help me and not just to get a client.
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He gave me one of the most honest answers I have received in a very long time about any issue I was having with anything. Legal or not legal. I highly recommend giving him a call and … More will be referring him to friends and family if they have any issues in the future.Positive
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He took time out of his day to answer my legal questions and didn’t even charge me. I would definitely recommend him to you.
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Gave free consultation on getting gun rights back. He truly cares about gun rights and getting you the help you deserve. 100% worth a callPositive
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Very professional, great quality work, and very friendly and helpful. Overall, their service is phenomenal. I recommend Mr. Floyd to anyone.
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Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
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He was honest , knowledgeable , and professional about what we talked about. Most lawyers are just about the money , but not john.Positive
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He was very truthful and honest with us very great man I would recommend him and we would use him again
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Very professional honest and works hard currently working my husband’s appeal I pray he does his best workPositive
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I contacted John T. Floyd Law firm and I was very satisfied with service extremely helpful and friendly thank you Mr. FloydPositive
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This law frim was informative,great response time ,and the attorney called back not some secretary or legal assistant thank u guys for all your help wish it was more like youPositive … More
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I would highly recommend Mr Floyd. He was very helpful and knowledge with a legal question I had.Positive
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He explained my case better then any other lawyerPositive
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Very informative
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Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
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I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
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I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
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It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
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Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
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I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
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John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
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What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
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Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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Great service, very knowledgable and happy to help with any questions I had
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Quick to action and helpful and knowledgeable with entertainment industry based issues!
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Responded on a holiday week. Very knowledgeable and reassuring.
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Very professional
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I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
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The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
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From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
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I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
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These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
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John and Chris are true professionals! Love those guys like family!
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Mr. Floyd and his team are very knowledgeable, informative, and helpful.
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A team you can depend on to stand up and fight for you to prove the truth the whole truth!
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Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
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The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
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I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
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I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
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Extremely helpful!!! Helping me understand the law.
John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization
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