WHAT’S THE PAYOFF FOR BEEBE, HUDSON, & WELCH? December 11, 2012
Another Grand Theft of taxpayer dollars—Arkansas taxpayer dollars transported to Mexico to educate Mexican nationals to work for the 500 international companies located in the rich Mexican state of Queretar.
Theft, absurdity, asininities, and lies, brought to you by Ark. Gov. Mike Beebe & friends.
The above partially describes the unmitigated treachery & conduct of Arkansas State University’s imported Texas Tech transplant, Chancellor Tim Hudson, accompanied by ASU System President Charles Welch, undergirded by the illegal & unqualified interim Director of The Dept. of Higher Education, Shane Broadway and Gov. Mike Beebe. How long is temporary Gov. Beebe?
The proposal brought forth by the aforementioned individuals was partially accomplished by (drumroll please) ASU Trustee Dan Pierce, bloviating that what they were initiating was the first step in becoming a global university and he was honored to make a motion to accept this.
Therefore; what are these self-anointed elitists residing in Jonesboro and Little Rock, AR up to aside from their blatant traitorous attack on middleclass Arkansans?
These pseudo-educantists and smarmy political hacks are dead-set on creating an Arkansas State University campus in the Mexican state of Queretar, as previously stated acknowledged to be a materially rich Mexican state with more than 500 international companies, some Fortune 500’s, including American giant Boeing Aircraft. Why? Taking middleclass Arkansans money by force to subsidize and educate a foreign population is at best traitorous. In Welch’s own words “The area is vibrant, growing and affluent, and has a rising middleclassâ€. The U.S. middleclass is stagnant and moribund. The gall of their proposal! Education cabals and long-term political activists are all corrupt to the core and have no regard for our state’s citizen taxpayers. Their plans have already been crafted without citizen knowledge and perhaps there are those in the legislature who are not aware of the ASU global anointing. Their plans are reminiscent of Gov. Mike Huckabee bringing to Arkansas a Mexican Consulate which was and is a violation of Section I, Article 10 of the U.S. Constitution to warehouse and transport illegal Mexicans & OTM’s to work sites in Arkansas, Tennessee & Missouri. If their proposal reaches fruition Hudson & Welch announced they would send ASU students to study at the Mexican ASU campus. At what cost and for what purpose?
The collective sponges offer up a host of untruths. Under their proposal ASU will use federal funds to pay for the “startupâ€. The U.S. federal government currently owes $16.4 Trillion and these self-serving buffoons are advocating for federal funds? Imagine the cost of this bureaucratic nightmare. What Hudson, Welch, and Beebe are demanding is simply foreign aid for Mexico. Hudson & Welch admitted that Arkansas taxpayer money would be channeled into the richest state in Mexico—Queretar.
Are Hudson, Welch, Broadway, Pierce & Beebe suggesting that Mexican nationals residing in the rich Mexican state of Queretar are not intelligent enough to create universities and educate themselves?
What Hudson & Welch are involved in creating is simply Fascism. Fascism is a nexus between government & corporations, and the government is the CEO while the corporations are allowed to function as long as they operate under the strict edicts of the government. Citizen participation? Funding—citizen tax dollars!
This group has no affinity for U.S. sovereignty and individual rights. They are busy setting the stage for the transitioning of the U.S. into a 3rd World multicultural gulag. Note: Democrats have pursued the goal of 3rd World multiculturalism for decades and as of Nov. 7 the now irrelevant Republican Party adopted the Democrats mantra—AWOL from the Fiscal Cliff & joining the amnesty parade. A Constitutional and moral government would realize the economic and cultural burdens that both the Democrats & Republicans have conferred on middleclass Americans and would certainly pursue strong measures to correct these constitutional & legal oversights. Residing in the U.S. are 25-35 million illegal Mexicans & OTM’s (no, not 11 million) who are uninvited nesters/parasites and soon to be provided amnesty.
Who still says we are a free people?
The organization known as the “Advancement of Mexican Education†claims they will underwrite any deficit in the first 2 or 3 years after classes begin. How benevolent, coming from the richest state in Mexico.
ASU projects that the program will ultimately be completely self-supporting. A bald-faced lie. When has any government entity ever been self-supporting—never! Funding for education, all divisions lobby government at every level constantly for more funding to subsidize their failures.
ASU Chancellor Tim Hudson tried to create this traitorous endeavor while at Texas Tech Univ. Lubbock and yes, there were myriads of consultants. Summing up education in Arkansas—a dismal failure. As this is being written, Gov. Beebe & state legislators are preparing to dump millions more into the failed K-12 system where 51% of high school graduates must receive remedial instruction before attending regular college classes.
Hudson, Welch would better serve our state’s educational woes by transferring their education energies into Arkansas full-time. The fact is the educational cabal is corrupted top down, e.g. the Univ. of Arkansas and the Univ. of Central Arkansas, and to be Politically Correct individuals in positions of power & authority continue foolishly and self-servingly calibrate education with taxpayer dollars.
The Pussification of White America—how complete the process? November 12, 2012
The absolute irrelevancy of the Republican Party—Observe!
On October 1, 2012 I communicated via email and the website arkansasfreedom.net titled “The Real State of Affairs†that on Nov. 7, 2012 regardless of which of the two presidential candidates was elected…the Republican Party would immediately become irrelevant.
Nov. 7, 2012 the prophecy became fact due to any number of circumstances.
Before the facts are enumerated regarding the now irrelevant Republican Party, bankrupt ethically, morally, constitutionally, and perhaps more importantly devoid of a rational philosophical base.
Note: nationally elected Republican legislators, both Houses, and Fox News bloviators, on cue began calling for comprehensive immigration reform, a mask for amnesty for the 25-35 million illegal aliens (not the 11 million that the government lies about) nesting in our formerly preeminent republic. Republicans like referring to their “Values†but I have yet been illuminated as to what those “Values†allegedly were. I use the past tense because of their traitorous conduct consummated on Nov.7, 2012. Both Parties are overflowing with criminal behavior, but give the Democrat Party one negative credit—they tell you in your face that their grand plan is taking by force citizen’s property and redistributing to deadbeats and 3rd World interlopers for vote buying purposes. The act of true Cultural Marxists. The Republicans are THE GRAND PRETENDERS spewing verbiage pertaining to Conservatism, small government, etc.
The clarion call for the Republican surrender was issued Thursday evening Nov. 15 by Fox News analyst Sean Hannity stating he had been wrong in his insistence that border security must be a first and deportation following. Continuing, Republicans must immediately change their course and campaign for government to do much more for Blacks, Hispanics, women, and other minorities. Answering that clarion call immediately were other neo-cons, President of Americans for Tax Reform Grover Norquist and California Congressman Duncan Hunter. On that evening, Republican spokesmen gave up any pretense of being conservative & using the Constitution as their guiding document. All in the name of vote-getting. One can conclude that Democrats & now Republicans are stating with an exclamation mark that Blacks, Hispanics, women & other minorities do not have the mental capabilities and/or the physical energy of intellectually & independently promoting their causes without government assistance (i.e. the seizing of other people’s property) and direction. If the Democrat & Republican leadership believes the above mentioned cannot fend for themselves, why don’t they admit it and develop a rational policy to deal with the circumstance? Or are they gaming the system for a quid pro quo, i.e. vote buying? Welfare always destroys all able recipients, no matter who they are. Note the intensity with which Blacks defend set-asides, affirmative action, quotas, ad infinitum. Who pays? Middleclass America of course.
Why now? When a word was not spoken about our immigration crisis in the presidential debates? Fox News Sunday Nov. 18, 2012; the political parade continues. Former Governor, Preacher Mike Huckabee, displaying his best piety in a conversation with neocon Republican Senator Lindsay Graham, opined that Americans should not punish the children of illegals by deporting. The parents knew full well that breaking into our country was illegal and there should be consequences. Huckabee has long been an advocate of the illegal Mexican invasion. Along with other unconstitutional aiding & abetting illegal aliens, he surreptitiously cut a deal with former Mexican President Vicente Fox to place a Mexican Consulate in Little Rock, AR and was in direct violation of the U.S. Constitution, Article I, Section X. The purpose of the consulate was to warehouse illegals & disseminate them to the various poultry processing plants & construction businesses.( arkansasfreedom.net ) Never a word from the Bush justice department. Another case of selective law enforcement.
Later in the day neocon Lindsay Graham & Zionist Israel-firster, Senator Chuck Schumer appeared together on a show, both vigorously stating we need COMPREHENSIVE IMMIGRATION REFORM. Schumer in a strong voice said Americans want illegal immigration stopped but they favor continuing legal immigration. Why now Senators? 12 days after the election and the Democrats & Republicans have an immigration plan that they have refused to discuss for the past 50 years. To Graham & Schumer and all the rest of the slugs, middleclass Americans demand a 5 year moratorium on ALL legal immigration & an immediate sealing of our borders & deportation.
The overlying reason the Republican Party is dead, except pockets of white conservatism throughout the South, soon to be a non-factor, both the Democrat & Republican Parties have refused to uphold the rule of law, particularly the aspect that defines our sovereignty. The very specific law defining sovereignty is 8 USC, Sec. 1325—illegal entry; Sec. 1324a—hiring, harboring, transporting any illegal alien; Sec. 1324c—law officers have authority to make arrests; Title 19, USC 1459—reporting requirements.
Nothing has been done, nor will anything be done to secure our national borders—hence our sovereignty. This is simply selective law enforcement enforced by the strong arms of all government entities.
The Republicans on Nov. 7 reacted as if they were a collection of 10 year old brats who had been denied a favor. Now in the aftermath of a pathetic cowardly presidential campaign by Republicans is the new battle-cry! We must embrace comprehensive immigration reform, i.e. AMNESTY. Absolutely no regard for the constitution, rule of law, ethics, morality, it’s all about votes, money and power. Republicans are so blinded they are oblivious to the new political path they have chosen (same as the Democrats) is the direct route to the Marxist takeover. Both parties sing the praises of creating an even more “diversified†U.S. 3rd World dumping ground which is undergoing fruition at an alarming rate. Both Parties, aware there are 30 million American citizens without jobs and irrationally advocating more 3rd World immigration, legal & illegal. With minimal border security and both parties advocating amnesty will only serve as a stimulus for millions upon millions to enter our nation legally & illegally. Are Republicans so foolish they do not comprehend that with 4 more years of a Democrat president who issues Executive Orders by the numbers, will in fact effectively force whites into the realm of minority status…never to return…and again, it is our White government who is responsible for White middleclass genocide. Government elites understand that the destruction of White middleclass America is their last obstacle in achieving a global government. Their actions can only be described as despicable, if not psychopathic. Democrats & Republicans mantra for amnesty will be flowing crocodile tears stating illegals have been here for years and are good people and in some cases they are even called citizens, e.g. Federal Prosecutor Jane Duke of the Little Rock office. Illegals knew they were wrong when they came here and it’s time for them to face the music, (i.e. the rule of law), deportation and companies hiring them punished.
Do the Republican traitors believe that the illegal Mexican invasions coupled with other Hispanics are going to move from the Democrat Party to the Republican Party? The illegals understand very clearly that the thieving Democrat Party is their source of billions of unearned largesse through entitlements of unknown enormous quantities. Republicans will never out-Democrat the Democrats.
November 10, 2012 Anchor baby & U.S. Senator Marco Rubio proclaimed that Republicans must do “much more†for Hispanics. Translation: “much more†= more theft of white middleclass earnings. In my judgment Rubio is not a bonafide American citizen. His Cuban parents came here as illegals and Rubio was not naturalized until 4 yrs after his parents’ arrival. I personally do not take kindly to a foreign national dictating the tenor of business in our nation. In the same thought—think OBAMA.
It is White elected & appointed officials who are performing genocide on the white middleclass who are the bedrock of our Western civilization. Does any one of you believe the 3rd World nationals invading our shores are coming here to embrace our heritage, our culture, our Constitution and the ideals it gives rise to? Observe.
Our former republic, due to self-serving, White elected legislators & officials is wallowing in a multicultural cesspool and calling for more of the same.
Let me again remind you regarding our traitorous politicians, that’s virtually all of them, what they like to hark is demonstrating an affinity for 3rd World illegal aliens…â€we are a nation of immigrantsâ€. No we are not a nation of immigrants, we are a nation with immigrants & here is why.
“Absent a founding group or majority it would be no nation at all, but a random gathering of people of assorted races, religions, & nationalities, united only by their presence in the same land. With no native culture to provide national unity, the population would tend to fragment on racial & ethnic lines, insuring division and strife as groups pursue their interests at each others’ expense.†(compliments of Howard Sutherland, Nov. 18, 2002)
Is this not what the United States has devolved into? What a tragic shame.
It should be further noted that Zionist interests precipitated their attack on America in the 1920’s through massive 3rd World legal and illegal immigration policies and now on the precipice of destroying White middleclass America on their way to World Government. Their victory is near. All through the auspices of the White federal government. The Zionists’ have absolute control of the legislative & judicial branches of the federal government, as well as most important influential national institutions.
The national Republican Party is a vile and slimy collection who embrace neo-conservatism…â€eternal war for eternal peaceâ€. Murder is their game, accompanied by the theft of citizen freedoms. I direct your attention to what has been done in the name of the phony “wars on terrorismâ€.
1. Passage of the Patriot Acts, not once but twice…negates the 4th & 10th Amendments.
2. Military Commissions Act
3. The removal of Posse Comitatus & Habeas Corpus.
4. The most heinous act in world history was the passage of the National Defense Authorization Act which gives the president to authority to assassinate American citizens at home or abroad; provides for no legal counsel, may secretly imprison American citizens at home or abroad with undetermined times. All this with 60,000 drones overflying the U.S. and other areas around the globe. The government’s new assassination weapon of choice.
5. Recall, that Bill Clinton without congressional authority destroyed Serbia; Geo. W. Bush destroyed Iraq & Afghanistan without congressional authority; President Hussein Obama unilaterally attacked Libya stating the war would last days, not weeks, we are coming upon a year’s involvement in Libya compliments of Obama; couple that with gun-running, the lying A.G. Eric Holder, and Benghazi and all 3 traitors were reelected. Candidate Romney, in typical Republican cowardice never mentioned the many criminal, unconstitutional acts of President Obama.
6. Refusal by the entire federal government to enforce U.S. immigration laws
Hopefully, our legislative branches will shore up their law-making backbone and restore Constitutional rule of law and sovereignty. Fat Chance! The racial divide deepens by the day and why wouldn’t it, the huge numbers of different cultures residing in the U.S. guarantees racial strife.
The results of the flowering Republican defection will prove to be very interesting. Will Republicans receive a net gain or net loss from the defection, e.g. will their trade-out for 3rd World amnesty replace their net loss of patriotic American citizens?
The land of the free, you say? What patriotic American would shoulder the banner of the Republican Party today?
The “Mexican Anomaly†runs aground. September 17, 2012
It has long been accepted that the Mexican Anomaly was appointed Director of Rehabilitation Services as a political payoff…for what follows.
The Mexican Anomaly now appears to be involved in state malfeasance, misfeasance and incompetence regarding documentation errors, a $20,431.00 shortage, improperly recorded payables and receivables, competitive bids not taken on purchases, e.g. $77,000 worth of furniture, etc. etc.
Back in the day when Mike Beebe was A.G. and Mike Huckabee was governor some unconstitutional and illegal acts occurred. As some may recall Huckabee had an unholy alliance with then Mexican President Vicente Fox to bring a Mexican Consulate to Little Rock. Huckabee ran this operation for the most part in stealth & secrecy. It was said the legislature was oblivious to his transgressions, save perhaps for two members. His bag boy was the Mexican Anomaly. Remember, Beebe the A.G, i.e. the alleged chief law enforcement for the state of Arkansas had no stated concerns pertaining to Huckabee’s unconstitutional acts which violated Article I, Section X of the U.S. Constitution which states in part, no state shall, without the consent of congress enter into any agreement or Compact with another state or with a foreign power. The Constitution was rolled over and spit upon by the aforementioned two.
The Mexican Anomaly, Robert Trevino, former president of LULAC (an anti-American, pro illegal alien outfit) was Huckabee’s accomplice and enabler in bringing a Mexican Consulate to Little Rock which currently serves as a clearing-house and distribution center for illegals aided & abetted by the Catholic Church & other religious orders.
Fox communicated to Huckabee that the Mexican government did not have the funding for the Consulate; that being the case the following occurred:
An FOIA was filed in the name of Robert Trevino to make some factual determinations. It was revealed that an Arkansas “Consortium†(perhaps the Arkansas Friendship Coalition) agreed to pay the expenses incurred by the Consulate for 3 years with an option for 3 more. One of the specific questions asked in the FOIA was who were the names involved in the Arkansas Consortium? While my attorney and I were in Trevino’s office to receive the information requested in the FOIA Trevino redacted the names of those subsidizing the Consulate. As a side bar, the benevolent preacher/politician Huckabee emailed me and stated in a brusque manner, if I wanted the information in the FOIA I would have to motor to Little Rock and pick it up.
It was also determined that Mexican lawyers were officing in a state owned building using state employees for secretarial work. It should be noted here that the state and the city of Little Rock also awarded substantial amounts of taxpayers’ cash to the embryonic unconstitutional Mexican Consulate.
Members of the Ark. State legislature, both houses, should pay closer attention to what has happened and is happening in Arkansas state government. Think if you will, how many billions of hard-earned taxpayer’s monies have been spent in serving up the unconstitutional demands of the 200,000+ illegal Mexicans and OTM’s residing in Arkansas. Governor Beebe is on record saying he has no idea how much illegals are costing citizens…and frankly he couldn’t care less as he pursues the goal of putting another quarter million illegals & terminal whiners on the backs of producers at the urging of the Marxist President Barack Obama.
The Arkansas state government can best be described as made up of self-servers steeped in Political Correctness—our downfall.
The Reverend/Governor Michael Dale Huckabee and his fractured Christianity
December 12, 2010
Hustler, abuser, liar, flim-flam artist, opportunist, and theocrat—one dangerous dude. As a writer wrote recently, “don’t give this redneck preacher the keys to the Whitehouseâ€.
Here are some of his recent bombastic revelations and in my judgment some are outright criminally inspired:
IDEOLOGUE VS. PRAGMATISM
On his Saturday night TV show 11/20/10 Huckabee stated (I paraphrase)….â€it’s good to be an ideologue in speeches, political rallies, but in the final analysis you must be a pragmatist.†(Truth is relative.) What Huckabee is saying is no philosophy or point of view is worth fighting for in its pure form and ultimately the “end justifies the meansâ€.
COMPROMISE
His show of 12/11/10…in an exchange with his guest Mancow Muller. Muller said Republicans are cowards for their recent political retreat in not demanding the Bush tax cuts be permanent and at the same time should have refused to implement another 13 months of unemployment insurance, which is obviously another $100 billion tax increase adding to the $14 trillion deficit. Mancow, in the same screed, chided Huckabee for having law-breaker Charlie Rangel on his show while treating him like a conquering hero. Huckabee became livid and stated with white heat that there must be Compromise and Bi-partisanship. Recall if you will that Tea Partiers demanded no compromise and go straight for the jugular in their legislative positions. Republicans have and are indeed caving, again.
ASSASSINATION
Without knowledge and speaking from a public relations position, Huckabee has called for the execution of Julian Assange, CEO of Wikileaks. In this same vein, fellow neocon Sarah Palin called for the hunting down of Assange as “if he were Osama bin Ladenâ€. Huckabee has called Assange’s conduct treason, while Assange is an Aussie and no part of the U.S. government. Huckabee would be advised to take to heart what Thomas Jefferson said, “Where the press is free and every man able to read, all is safeâ€. Huckabee further stated in his diatribe against Assange that he was revealing Top Secret documents—a gross untruth. Only classified documents have been released. No damage has been done by Assange’s revelations except to expose some of the corruption emanating from the U.S. and other governments. The NY Times, Washington Post, The Guardian have revealed such documents, i.e. the Pentagon Papers with no such consequences.
DESTROY IRAN
The pompous ass Huckabee, playing to a Jewish Bet El audience 12/5/10 in NYC, exclaimed the U.S. should attack and destroy Iran for the sake of Israel, for which he received a thunderous ovation. Huckabee also proclaimed that U.S. military forces should be used—more applause heard. In my counting, the U.S. is involved in FIVE unconstitutional no-win wars funded by money printed out of thin air, while murdering hundreds of thousands of innocent Iraqis, Pakis, Afghans, Somalians, & Yemenis, not to mention our own troops. Huckabee understands that the easiest war to fight is when you send someone else to do the dirty deed.
Huckabee is an extremely dangerous Theocrat. He pillaged the Arkansas state government as Governor for 10 years. Most damning was his secret negotiations with then Mexican President Vicente Fox, to establish a Mexican Consulate in Little Rock for the express purpose of warehousing and disseminating illegal Mexicans into the illegal labor forces of Arkansas, MO. MS. & TN. using bogus Matricular Consular I.D. cards issued by the unconstitutional Consulate. The creation of the Mexican Consulate is a violation of Article 4, Section 10 of the U.S. Constitution. Huckabee had the temerity, in a nationally televised debate with a host of other candidates for the presidency, that he would stop the illegal Mexican invasion.
Read this very important article re Matricula Consular cards….what they are and their criminal purpose and keep in mind that former Republican Arkansas Governor Mike Huckabee & present presidential candidate secretly (the Ark. Legislature was unaware) illegally & unconstitutionally traveled to Mexico while governor to arrange with Vicente Fox (Mexican President) to open a Mexican Consulate in Little Rock, Arkansas. He was accompanied by one of his staff, Robert Trevino, former president of LULAC.
His mission was accomplished in April, 2007 when the illegal Consulate opened with the help of some unnamed corporate interests and Arkansas citizens’ tax money….both from the city and the state.
For complete documentation see arkansasfreedom.net Article titled “Huckabee Defies the U.S. Constitution†as well as others.
Date: Thu, 11 Nov 2010 23:10:08 -0500
Subject: WTVD: “Plan to accept Mexican ID draws fire”
Hi Gang:
I was just sent the news report that was posted online earlier today by the ABC-affiliated station in Raleigh-Durham, North Carolina, WTVD.
I have provided you with a copy of that news article below.
The news report discusses the debate now being conducted by the Durham City Council as to whether or not to allow the Matricula Consular cards issued by the government of Mexico to be used as an acceptable form of identification by apparent illegal aliens in that city.
Those who would approve such an insane proposal obviously do not care one iota about the need for our nation to secure its borders or discourage potential illegal aliens from seeking to enter our country. Clearly the acceptance of Matricula Consular cards could only have one purpose- to provide illegal aliens with the ability to conduct routine business in their city and, consequently, in our country.
It would appear that those who favor this proposal do not care if criminals or terrorists seize this opportunity to create new identities for themselves as an “embedding” tactic as described by the 9/11 Commission.
I want you to take the time to read the item I have also attached below. It is the testimony a gentleman by the name of Steven McCraw provided to a Congressional hearing on the issue of Matricula Consular cards. At the time of his testimony, back on June 26, 2003, he was the Assistant Director for the Office of Intelligence for the Federal Bureau of Investigation (FBI). After you read his testimony you should ask yourself, “How dare our government officials on any level, permit these cards to be used anywhere in the United States!”
Consider this sentence from Mr. McCraw’s testimony:
The U.S. Government has done an extensive amount of research on the Matricula Consular, to assess its viability as a reliable means of identification. The Department of Justice and the FBI have concluded that the Matricula Consular is not a reliable form of identification, due to the non-existence of any means of verifying the true identity of the card holder. The following are the primary problems with the Matricula Consular that allow criminals to fraudulently obtain the cards:
Now I would like you to consider this passage from Mr. McCraw’s testimony:
The first criminal threat stems from the fact that the Matricula Consular can be a perfect breeder document for establishing a false identity. It is our understanding that as many as 13 states currently accept the Matricula Consular for the purpose of obtaining a drivers’ license. Once in possession of a driver’s license, a criminal is well on his way to using the false identity to facilitate a variety of crimes, from money laundering to check fraud. And of course, the false identity serves to conceal a criminal who is already being sought by law enforcement. Individuals have been arrested with multiple Matricula Consular cards in their possession, each with the same photograph, but with a different name. Matching these false Matriculas are false driver’s licenses, also found in the criminals’ possession. Such false identities are particularly useful to facilitate the crime of money laundering, as the criminal is able to establish one or more bank accounts under completely fictitious names. Accounts based upon such fraudulent premises greatly hamper money-laundering investigations once the criminal activity is discovered. As the Subcommittee is well aware, the FBI is particularly concerned about fraudulent financial transactions in the post 9/11 environment, given the fact that foreign terrorists often rely on money transferred from within the United States.
There are other substantive reasons why the acceptance of Matricula Consular cards imperil the safety of our citizens and the security of our nation. This is why I urge you to read all of the testimony I have provided below.
Also of extreme importance is the simple and undeniable fact- Matricula cards provide evidence of an alien being illegally present in the United States. Aliens who are lawfully present do not need these documents. Aliens who lawful immigrants are issued so-called “Green Cards” obviating the need to seek documents such as the Matricula Consular. Special agents of ICE (Immigration and Customs Enforcement) could make a case for arresting any alien who proffers a Matricula card on the basis that the card constitutes evidence of his illegal status in our country! (Of course we know that this will not happen because the administration and such “leaders” in the United States Congress such as Nancy Pelosi, Harry Reid and Chuck Schumer don’t want to arrest any illegal aliens- they want to confer United States citizenship upon them. Of course in their twisted version of “reality” they would then claim that there are no illegal aliens in the United States, they would all be United States citizens!
Government officials who attempt to blur the distinction between aliens who are lawfully admitted and aliens whose presence constitute a violation of our nation’s immigration laws, and often other criminal statutes, could be accused of aiding, abetting, encouraging aliens to violate our nation’s borders and remain in the United States thereafter, illegally. Under Title 8 of the United States Code, Section 1324 this sort of effort constitutes a felony!
Here is the link that that section of the Immigration and Nationality Act (INA):
Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).
Alien Smuggling — Subsection 1324(a)(1)(A)(i) makes it an offense for any person who — knowing that a person is an alien, to bring to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien.
Domestic Transporting — Subsection 1324(a)(1)(A)(ii) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law.
Harboring — Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.
Encouraging/Inducing — Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who — encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.
Conspiracy/Aiding or Abetting — Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.
While we witness the continual erosion of our expectations of privacy and freedom in the name of national security our “leaders” continue to ignore the law enforcement and intelligence professionals who have dedicated their lives to protecting our nation and our communities.
Simply stated, this represents a betrayal of every citizen of the United States of America!
If our country is to survive and if our children and their children are to get their share of the “American Dream” the citizens of this nation must take their citizenship seriously!
We the People must be the best citizens we can be, citizens who are worthy of the gallantry demonstrated by our valiant men and women in the military, law enforcement and firefighters, who routinely go in harm’s way in defense of this nation and our citizens.
My goal in writing this and other commentaries is to point out our nations many failings before more victims pay the ultimate price for the incompetence and ineptitude of our government.
The first step in problem-solving is to first identify the problems and vulnerabilities and then devise strategies to overcome them.
If you find yourself to be in agreement with this commentary, I ask that you forward it to as many of your friends and family members as possible and encourage them to do the same. We need to create a “Bucket Brigade of Truth!”
Last week the voices of the citizens of our nation were heard in voting booths across this nation. The leadership in the House of Representatives, the “People’s House” has shifted to the Republican Party. I can tell you although I have been a registered Democrat ever since I cast my first vote more than 4 decades ago, that I am thrilled that when Congress re-convenes in January that the House Judiciary Committee will be chaired by a true leader in the House of Representatives, Representative Lamar Smith. I have known Mr. Smith for many years and, in fact, the very first time I was invited to testify before a Congressional hearing it was before the House Immigration Subcommittee that he chaired at the time, back in May of 1997.
I am similarly optimistic that effective this January, the House Immigration Subcommittee will be chaired by another true leader, Congressman Steve King. I am also very familiar with Mr. King and look forward to his leadership.
That these two leaders will be in their respective positions is encouraging but this is only the starting point. What is of extreme importance is that every citizen of our country remembers that while it was the decisions made by the citizens on Election Day that has caused the important changes in the House of Representatives, the practice of good citizenship does not end in the voting booth, it only begins there.
The large scale apathy demonstrated by citizens of this nation for far too long, emboldened too many of our elected representatives to all but ignore the needs of the average American citizen in a quest for massive campaign funds and the promises of votes to be ostensibly delivered by special interest groups. There is much that we cannot do but there is one thing that We the People absolutely must do- we must stop sitting on the sidelines!
The collective failure of We the People to get involved in making our concerns known to our politicians have, over the past several decades, made the concerns of the great majority of the citizens of this nation all but irrelevant to the politicians. I implore you to get involved!
If this situation concerns you or especially if it angers you, I ask you to call your Senators and Congressional Representative. This is not only your right- it is your obligation!
All I ask is that you make it clear to our politicians that we are involved and we will not allow the madness that got us into this mess to continue!
We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.
This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!
You are either part of the solution or you are a part of the problem!
Click on the links below to RePatriot Radio and listen to the internet radio show I host on Friday evenings from 7:00 PM to 9:00 PM Eastern Standard Time:
I am also happy to tell you that I also host my program on Tuesday afternoons from 5:00 PM until 6:00 PM Eastern Standard Time. Tuesday’s show is also broadcast on 1460 AM in New Jersey and Pennsylvania. If you cannot listen on the radio, this program can be heard live online on the internet at: www.wifi1460am.com or www.repatriotradio.com
Testimony of Steve McCraw, Assistant Director of The Office of Intelligence, FBI Before the House Judiciary Subcommittee on Immigration, Border Security, and Claims on “Consular ID Cards
June 26, 2003 “Consular ID Cards in a Post-9/11 World”
Before the House Judiciary Subcommittee on Immigration, Border Security, and Claims on Consular ID Cards
Washington DC
June 26, 2003
Chairman Hostettler, Ranking Member Jackson-Lee, and Members of the Subcommittee, the Federal Bureau of Investigation is pleased to have the opportunity to appear before you today to discuss the important issue of consular ID cards. The Department of Justice and the FBI have been charged by the President, with the support of Congress, to protect the American people from the continuing threats of terrorism and the crimes associated therewith. It is in the context of our post-9/11 world that we present our views and concerns to the Subcommittee today.
Over the past two years, we have all seen a dramatically increased effort to promote and utilize consular ID cards as forms of identification for foreign nationals who are present in the United States. The Government of Mexico has been particularly aggressive in marketing the use of its consular ID card, the Matricula Consular. As a result of the extensive efforts to promote the use of the Matricula Consular, a number of other foreign countries are now considering the issuance of their own consular ID cards. The crucial element in the acceptance of any consular ID card is the ability to verify the actual true identity of the bearer of the card. In today’s post-9/11 world, this element is all the more important because, in order to protect the American people, we must be able to determine whether an individual is who he purports to be. This is essential in our mission to identify potential terrorists, locate their means of financial support, and prevent acts of terrorism from occurring.
Since Mexico’s Matricula Consular is currently the predominant consular ID card in existence, I will focus my comments today on this particular card. It is believed that consular ID cards are primarily being utilized by illegal aliens in the United States. Foreign nationals who are present in the U.S. legally have the ability to use various alternative forms of identification “most notably a passport” for the purposes of opening bank accounts, gaining access to federal facilities, boarding airplanes, and obtaining a state driver’s license. In addition, foreign nationals who are present in the United States, either legally or illegally, have the ability to obtain a passport from their own country’s embassy or consular office.
The U.S. Government has done an extensive amount of research on the Matricula Consular, to assess its viability as a reliable means of identification. The Department of Justice and the FBI have concluded that the Matricula Consular is not a reliable form of identification, due to the non-existence of any means of verifying the true identity of the card holder. The following are the primary problems with the Matricula Consular that allow criminals to fraudulently obtain the cards:
First, the Government of Mexico has no centralized database to coordinate the issuance of consular ID cards. This allows multiple cards to be issued under the same name, the same address, or with the same photograph.
Second, the Government of Mexico has no interconnected databases to provide intra-consular communication to be able to verify who has or has not applied for or received a consular ID card.
Third, the Government of Mexico issues the card to anyone who can produce a Mexican birth certificate and one other form of identity, including documents of very low reliability. Mexican birth certificates are easy to forge and they are a major item on the product list of the fraudulent document trade currently flourishing across the country and around the world. A September 2002 bust of a document production operation in Washington state illustrated the size of this trade. A huge cache of fake Mexican birth certificates was discovered. It is our belief that the primary reason a market for these birth certificates exists is the demand for fraudulently-obtained Matricula Consular cards.
Fourth, in some locations, when an individual seeking a Matricula Consular is unable to produce any documents whatsoever, he will still be issued a Matricula Consular by the Mexican consular official, if he fills out a questionnaire and satisfies the official that he is who he purports to be.
In addition to being vulnerable to fraud, the Matricula Consular is also vulnerable to forgery. There have been several generations of the card; and even the newest version can be easily replicated, despite its security features. It is our estimate that more than 90 percent of Matricula Consular cards now in circulation are earlier versions of the card, which are little more than simple laminated cards without any security features.
As a result of these problems, there are two major criminal threats posed by the cards, and one potential terrorist threat.
The first criminal threat stems from the fact that the Matricula Consular can be a perfect breeder document for establishing a false identity. It is our understanding that as many as 13 states currently accept the Matricula Consular for the purpose of obtaining a drivers’ license. Once in possession of a driver’s license, a criminal is well on his way to using the false identity to facilitate a variety of crimes, from money laundering to check fraud. And of course, the false identity serves to conceal a criminal who is already being sought by law enforcement. Individuals have been arrested with multiple Matricula Consular cards in their possession, each with the same photograph, but with a different name. Matching these false Matriculas are false driver’s licenses, also found in the criminals’ possession. Such false identities are particularly useful to facilitate the crime of money laundering, as the criminal is able to establish one or more bank accounts under completely fictitious names. Accounts based upon such fraudulent premises greatly hamper money-laundering investigations once the criminal activity is discovered. As the Subcommittee is well aware, the FBI is particularly concerned about fraudulent financial transactions in the post 9/11 environment, given the fact that foreign terrorists often rely on money transferred from within the United States.
The second criminal threat is that of alien smuggling, a crime that has resulted in many deaths within the past year. Federal officials have arrested alien smugglers who have had as many as seven different Matricula Consular cards in their possession. The cards not only conceal the identity of the smuggler, they also serve as a magnet for the victims who are enticed to entrust their lives to the smugglers, believing that the Matricula Consular that awaits them will entitle them to all sorts of benefits within the United States.
These criminal threats are significant, but it is the terrorist threat presented by the Matricula Consular that is most worrisome. Federal officials have discovered individuals from many different countries in possession of the Matricula Consular card. Most of these individuals are citizens of other Central or South American countries. However, at least one individual of Middle Eastern descent has also been arrested in possession of the Matricula Consular card. The ability of foreign nationals to use the Matricula Consular to create a well-documented, but fictitious, identity in the United States provides an opportunity for terrorists to move freely within the United States without triggering name-based watch lists that are disseminated to local police officers. It also allows them to board planes without revealing their true identity. All of these threats are in addition to the transfer of terrorist funds, mentioned earlier.
In addition, it is important to note that the White House Homeland Security Council is currently chairing an interagency working group that is developing recommendations on Federal policy for Federal acceptance of these cards as well as guidance to state and local governmental agencies on acceptance. The interagency group is examining policy for acceptance of all consular identification cards. They are also specifically examining counterfeit and fraud concerns with the Mexican consular identification card that would impact its acceptance for identification purposes. The Department of Justice is an active participant in that group.
The events of 9/11 forever changed our world. As unpleasant as it may be, we must face the realities of our current world as they relate to protecting the people of the United States. This requires continual vigilance, particularly when it comes to being able to detect and deter those who might abuse the system to directly cause harm, or those who might aid and abet the financing of terrorist operations. Thank you.
DURHAM, NC (WTVD) — Durham’s city council is getting an earful over a controversial plan to allow Mexican immigrants to use a special Mexican ID card for Mexican citizens living outside Mexico.
If approved, Durham would be the first city in the country to accept the Matricula Consular. It’s an identification card issued by the Government of Mexico through its consulate offices to Mexican citizens residing outside of Mexico regardless of their emigration status. The card is accepted as ID by many police departments nationwide, and many banks accept it for financial transactions. According to an opinion from the Durham City Attorney, “the official purpose of the card is to demonstrate that the holder is a Mexican citizen living outside of Mexico. It includes an official Government of Mexico issued ID number and bears a photograph and address of the Mexican National to whom it is issued.” If Durham approves the resolution, city officials would accept it as a legal form of ID for business conducted with the city. Police officers would also accept it for identification purposes. Click here to read the resolution (.pdf) But some see the plan as an endorsement of undocumented workers, while others say it will save time and taxpayer money. Mexican advocacy groups like El Centro Hispano in Durham are pushing for the idea. But since word of the plan went public, city council members have found their mailboxes stuffed with messages from people who hate the proposal.
In some of the e-mails obtained by ABC11, one person accuses Durham leaders of pandering to criminals, another fears the card will be used by terrorists, while another man writes it’s a slap in the face to bona fide citizens. Ronald Garcia with El Centro Hispano says he thinks people are confused about what the plan really means. “I think there’s a lot of misunderstandings out there, and I think economics plays a role in that now,” he offered. Garcia says the high security card cannot be used to vote, access government benefits, or replace a valid driver’s license. But in the case of someone pulled over without proper ID, the card could help them avoid a lengthy legal process. “Detaining and processing and then deporting people who haven’t really committed a crime,” he explained. “Maybe they don’t have all their papers in order, but that’s really a part of our broken immigration system.” But critics of the plan aren’t so sure. “It really doesn’t tell you anything about the legal or illegal status of the person being in the United States,” offered Mitch Kokai with the John Locke Foundation. Kokai says he fears the ID card has been oversold as a valid form of identification. “I think when Durham is considering having this as the type of card you can present that they’re probably buying into the argument that this is more valuable than it actually is,” he said. And, that’s just one problem, according to critics. They also say the card could be a roundabout way for undocumented workers to vote. “That could be the path that leads from this card to the official document – to being able to vote – and I think for voter integrity that’s a concern a lot of folks should have,” said Kokai. City council members have less than a week to consider feedback from both sides of the debate. They’ll vote on the controversial issue November 15. Classifieds | Report A Typo | Send Tip | Get Alerts | Most Popular Follow @abc11 on Twitter | Become a fan on Facebook
The unbelievable
story on how part of our country is behind allowing ILLEGALS to enter the USA
and then after they are here, make them citizens. This is the front and
back page of the Style Section with 6 color photos of families and
children.
As the boys on
the street say: we have been screwed, rookydooed and tatooed.
Sharon
Stark, Little Rock
Going for the ID
The first foreign consulate in Arkansas keeps busy issuing
identity cards and other documents to Mexicans living here
By Samantha Friedman
Tuesday, October 14, 2008
LITTLE ROCK — In April 2007, the Mexican government
formally opened its 47th consulate in the United States in Little Rock,
bringing the first – and still only – foreign consulate to the state. Mexico’s
is the largest consular network operated by any country inside another.
Four
years before, former Arkansas Gov. Mike
Huckabee had flown to Mexico City to meet with former Mexican President Vicente
Fox to suggest he consider establishing consular representation in
Arkansas. In 2006, the U.S. Census Bureau reported that Arkansas had 104,920
Mexicans out of a Hispanic population of 138,283. Considering the thousands of
uncounted illegalaliens, Andres Chao, Mexican
consul in Little Rock, estimates the actual number of Mexicans is closer to
185,000.
In
its first year and a half, the consulate issued
almost 30,000 documents to Mexicans in its jurisdiction of
Arkansas,eastern Oklahoma and western Tennessee – and Mississippi, until the
New Orleans consulate reopened in March. For Mexican nationals, those documents
include consular identification cards, passports, powers of attorney, birth
certificates and marriagelicenses, as well as visas for foreigners planning to
spend prolonged periods of time in Mexico.
The
consulate, at 3500 S.University Ave., reports that the greatest demand is for
the identification card, called the matricula consular in Spanish and issued by
the Mexican government since 1871. The card represents more than half of all
documents issued.
“It
is useful for opening bank accounts, but also is useful forthem to have an
identification with their real name and real address,†Chao said. “The Mexican
national needs to prove with an original birth certificate that he is a Mexican
national, then show another original ID card and then, proof of residence. With
these documents, we are allowed to get them a passport or matricula consular.â€
At
$27, the card, which is valid for five years, is cheaper than a passport, which
costs $74 and expires after three years or $101 for a six-year version. An
additional benefit to the matricula is the fact that it includes the bearer’s
address, while the passport does not, says Eric Levy, a deputy consul. The U.S.
government requires passports for any person entering the country by air – and
beginning in June 2009, by land or sea as well. Levy says many customers
purchase a matricula and a passport.
“The
purpose of the matricula consular is for the sending state to have a registry
of their citizens living in the receiving state,†Levy says. It is up to municipal governments, banks and other
agencies to decide whether to accept the card as a means of identification.
According
to the consulate, 1,439 police departments, 265 counties, 435 cities and 475
banks accept the card nationally.
A
dispute has erupted over the use of the card in acquiring an American driver’s
license. The state of Arkansas does not accept
foreign documents other than passports when issuing driver’s licenses.
Foreign passports must be accompanied by an Immigration and Naturalization
Services card or a U.S. visa.
Carlos
Cervantes, state director of the Arkansas chapter of the League of United Latin
American Citizens, said it would be logical to
allow use of the card in helping uninsured Mexicans acquire licenses and car
insurance.
“I
don’t want to get hit by any uninsured [driver], whether he’s documented or
undocumented, whether he’s a citizen or noncitizen,†Cervantes said. “We need
to figure something out so they can participate in the rules of the law.â€
The
card has been criticized as facilitating illegal aliens’ functioning in
day-to-day society and threatening national security. In 2003, Steve McCraw,
assistant director of the FBI Office of Intelligence, testified to the U.S.
House Judiciary Subcommittee on Immigration, Border Security and Claims that
the consular ID card “is not a reliable form of identification, due to the
nonexistence of any means of verifying the true identity of the card holder.â€
“We
have absolutely no hand in how these cards are issued or who they’re given to
or what sort of background is run on these folks, so for the [United States] to
accept these cards as a legitimate form of identification, we would be
completely remiss in checking for a number of things that we check for when we
issue identification here in the [United States],†said Caroline Dierker, national spokesman for the Department of Homeland
Security. “In terms of security, it would be a risk because we don’t have any
role in giving the cards.â€
Levy
said the Mexican government observes strict procedures when checking clients’
application documents. In the aftermath of increased security and identity
concerns after the Sept. 11, 2001, terrorist attacks, the Mexican government
also set up an intraconsular database in 2002.
“That
means that if you got a matricula in Seattle or Albuquerque and show up here,
when we put your data in, the system will automatically have a red flag
informing us of your previous matricula and then we will not be able to issue
another one,†Levy said. “Regarding the birth certificates, we have trained
personnel that check the validity of the birth certificates and any other
document presented to us. If there is any doubt about the authenticity of the
document, we just don’t issue a matricula.â€
But
birth certificates can be forged, and people have been arrested while
possessing multiple consular ID cards, said Bob Dane, press secretary for
Washingtonbased Federation for American Immigration Reform. His nonprofit
public interest group estimates that 3 million matriculas consulares are
circulating in theUnited States.
Though
LULAC does not encourage illegal immigration, said Michel Leidermann, state
director of communications, even undocumented immigrants who have demonstrated
a commitment to the U.S. economy should be supported in their efforts to
operate legally in society.
“Once
they’ve been here for years and are good citizens, paying taxes, they don’t
have problems with the law, they have American children, they have businesses,
they work, and so on, they should be given certain latitudes, contrary to those
that just crossed the border yesterday,†he said.
The
Washington-based Center for Immigration Studies contends that the matricula
consular is only needed for Mexicans residing in the United States illegally
because legal residents can obtain other identification documents.
“We should not be doing things that basically make
illegal immigration an attractive option, meaning they shouldn’t be able
to come here and get a driver’s license, bank account, mortgage, job, among
other things, because those are the things that people are immigrating here
legally for – to improve their lifestyle,†said the center’s spokesman Bryan
Griffith. “Any legal immigrant has absolutely no need for the matricula.â€
The
list of banks accepting the card now includes Bank of America, Chase, Citibank,
Capital Bank and regional institutions Twin City Bank, Metropolitan Bank and
Arvest Bank, according to Levy. Early this decade, Bank of America, which has
50 branches in Arkansas, was one of the first to accept the card along with a
secondary form of ID to open a bank account.
“We
have long supported service to Hispanics, and it was around the same time also
that we started launching our bilingual ATM, so it was a natural fit for us to
be able to offer that,†said Diane Wagner, a Bank of America spokesman. “It
enables them to establish a checking account and a banking relationship, which
would be good for them to establish a credit history.It also enables them to
know that their money is put in a financial institution and it’s safe.â€
She
said that the company “follows all federal laws relating to identification
requirements for new customers.â€
But
Dane said that opening the financial system to those whose backgrounds may not
have been sufficiently checked could be contributing to the current credit
crisis.
“It’s unconscionable for U.S. banks to identify an
illegal population as a group of potential customers, and to some extent
– we don’t really know the depth of it – that may very well be part of the
problem with our subprime mortgage crisis and credit crisis,†Dane said. “There
are times where identification theft, financial meltdown and risk of terrorism
ought to really supersede the acceptance of these Mexican governmentissued ID
cards.â€
Bank
of America does not go out of its way to recruit customers living in the United
States illegally, Wagner said, but does want “to offer innovative financial
services that meet the needs of all our customers, including our Hispanic
customers.â€
When
issuing documents or providing any other service, the consulate is unconcerned
with the immigration status of its clients, consul Chao said. The consulate’s
responsibility is to represent the Mexican government, not to question the
reason Mexican citizens are requesting services, he said.
“For
me, what’s important is they are Mexican nationals, regardless of immigration
status,†he said.
To
reach Mexicans throughout its tri-state jurisdiction, the consular staff sets
up mobile consulates once a year in each major city in its region. Because
consular equipment is needed for these trips, the staff holds its portable
versions on weekends so as to not interfere with normal business at the
consulate. Prior to this year’s one-day visit to the Springdale Civic Center in
August, the 350 appointment slots filled up ahead of time. The consulate added
100 more the day of the event.
Mobile
consulates are heldonly rarely, so many clients must travel to Little Rock.
Before the Arkansas consulate opened, Mexicans had to travel to Kansas City,
Mo., Dallas or Atlanta.
On
a Thursday in August, the consulate’s lobby was busy. Martin Gomez and 10
relatives drove seven hours from Enid, Okla., to obtain Mexican passports to
visit family in the state of Jalisco. Passports are not required to enter
Mexico, but are required for re-entry to the United States.
Guadalupe
Barbosa of Springdale accompanied his wife to obtain a matricula that showed
her married name.
Levy
said Mexico is not the only country to register its citizens via a system like
the matricula consular. El Salvador and Guatemala, for instance, do the same.
The
consulate opened with a staff of eight and accepted only morning appointments.
In August, the Mexican government authorized a second shift, increasing the
number of daily appointments from 160 to 300. The staff now totals 21,
including four Americans.
Aside
from documentation, the consulate’s work involves two other areas: consular
protection and legal affairs, and community affairs. The purpose of the first
is “to ensure the rights of the Mexican nationals [who] are living here in
Arkansas,†Chao said. Article 36 of the 1963 Vienna Convention on Consular
Relations, of which the United States and Mexico are signatories, requires
American authorities to inform the Mexican consulate if a Mexican national who
is arrested requests it. Though the consulate can’t represent defendants in
court and has no lawyers on staff, it can consult on legal cases and offer
advicein hiring attorneys.
Leidermann
of LULAC said since the consulate has opened, detaining authorities have made
an increased effort to inform the consulate’s legal affairs division of such
arrests.
“Whenever
you have an immigration raid or anything like that, what they’re doing now is
making sure that the Arkansas authorities notify the consulate immediately when
they detain a Mexican citizen, which didn’t happen before,†he said. “One of
the things that the consulate has achieved is that the police departments,
sheriffs, state police and so on, know that immediately when they detain a
foreign citizen, they have to alert the consulate. So that’s an improvement in
civil rights.â€
Consular
protection and legal affairs is also responsible for sending the remains of
deceased Mexicans to Mexico.
As
the Mexican government’s highest-ranking authority in the consulate’s
jurisdiction, Chao acts as a figurehead at cultural ceremonies such as last
month’s Grito de Independencia – Independence Day celebration in the River
Market – and Cincode Mayo in May. He meets with local, state and university
officials and American and Mexican entrepreneurs to promote business and
cultural relationships between the two. In June, he accompanied 11
representatives from Arkansas government and businesses on a trade mission to
Mexico City and Pachuca, Little Rock’s Sister City.
Chao
said that state industries, particularly air and space, can benefit from the
consulate’s commercial networking. He is working with Little Rock National
Airport, Adams Field, to establish a direct flight to Mexico, which would be
the airport’s first international flight. Airport spokesman T.J. Williams said
the airport is working with Customs and Border Protection to determine a
location for a customs and security inspection area by the end of the year,
although talks are only preliminary.
“Before,
[Arkansas businesses] didn’t have this opportunity, just to give you an
example, with the trade mission,†Chao said. “If we are not here, it is
probably more difficult for different businesses to open the door, have the
contacts and the recommendations and have meetings as productive as they were
with the states of Jalisco and Chiapas.â€
The
consulate also organizes events to benefit the local Mexican community, such as
an annual health week at the consulate. Chao has helped install two photography
exhibits showcasing Mexico at the Statehouse Convention Center. He and the
consul for documentation affairs, Alejandro Leon Vargas, spend an hour each
Friday on Springdale and Fort Smith Spanish radio stations answering listeners’
questions on consular services.
Soon,
Mexico may not have the only consulate in Arkansas. The Marshall Islands’
4,000-8,000 population in Springdale has been estimated to be the largest
Marshallese population outside the Pacific island nation. The community is
making plans to open a consul’s office of its own. The Marshall Islands’ Public
Service Commission posted a job advertisement for a consul in May and
Marshallese President Litokwa Tomeing visited Northwest Arkansas in June.
IN
THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS SIXTH DIVISION
JIM PARSONS
PLAINTIFF
VS.
CV-07-9346
MIKE HUCKABEE, in his individual capacity
only; MIKE BEEBE, in his official capacity only; INDEPENDENCE
COUNTY; CITY OF LITTLE ROCK, ARKANSAS; the MEXICAN CONSULATE OF
LITTLE ROCK, ARKANSAS; FRANKLIN COUNTY, ARKANSAS;
DEFENDANT
PLAINTIFF’S
THIRD AMENDED COMPLAINT INCLUDING
A FREEDOM OF INFORMATION ACT CLAIM1 (Expedited
hearing sought pursuant to A.C.A. § 25-19-107)
Comes now Jim Parsons,
Plaintiff, by and through his attorney Oscar Stilley, and for his third
amended complaint states:
GENERAL
ALLEGATIONS
1.
Plaintiff represents those classes of taxpayers who have been, continue to
be, and may in the future be adversely affected by the actions and
omissions which are the subject of this complaint.Defendant has acted or failed to
act in a manner which is generally applicable to all of those who are
represented, and the claims of the representative party is typical of the
claims of the class. The class is so numerous that joinder of all members
of the class is impracticable.
1
See Page 11 for the Freedom
of Information Act claim.
There
are questions of law and fact common to the class, and the representative
plaintiff herein will fairly and adequately protect the interests of the
entire class.The relief
sought is common and beneficial to the class.
2. This taxpayers lawsuit, to
prevent an illegal exaction and to recover funds illegally paid, is in its
nature a class action.
3. Plaintiff is and was at
all times relevant to this cause a citizen and resident of the State of
Arkansas. Plaintiff has paid
and will continue to pay taxes to the State of Arkansas.
4. Defendant Mike Huckabee is
a resident of Pulaski County, Arkansas.
5. The acts and omissions
complained of herein occurred in large part in Pulaski County, Arkansas.
6. This lawsuit in addition
to taxpayer claims also includes a claim under the Arkansas Freedom of
Information Act, A.C.A. § 25-19-101.
7. Defendant Mike Huckabee
was until the end of 2006 governor of the State of Arkansas.
8. Defendants Independence
and Franklin Counties are both counties that received money from the
governor’s emergency fund. The Plaintiff seeks a refund from these counties of the money
received from the governor’s emergency fund as outlined herein.
9. Defendants Independence
and Franklin Counties are both counties that received money from the
governor’s emergency fund. The Plaintiff seeks a refund from these counties of the money
received from the governor’s emergency fund as outlined herein.
10.
The City of Little Rock is a municipal corporation organized under the law
of the state of Arkansas, and received money from the governor’s emergency
fund.The Plaintiff seeks a
refund from the City of Little Rock of the money received from the
governor’s emergency fund as
outlined herein.
11. The Mexican Consulate of
Little Rock, Arkansas, is believed to be a corporate or other entity
subject to suing and being sued. The Plaintiff seeks a refund from the Mexican Consulate of the City
of Little Rock of the money received from the governor’s emergency fund as
outlined herein, by and through the City of Little Rock.This claim is made jointly and
severally against the City of Little Rock and the aforementioned Mexican
Consulate.
COUNT
1 – USING PUBLIC FUNDS FOR PURPOSES NOT AUTHORIZED BY LAW – DECLARATORY
JUDGMENT – DISQUALIFICATION TO HOLD OFFICE
12. Plaintiff restates and
realleges all other parts of the complaint to the extent not prohibited by
law or ethical rule.
13. Ark. Const. Article 16 §
3 provides:
Making
profit out of or misusing public funds – Penalty.
The making of profit out of
public moneys, or using the same for any purpose not authorized by law, by
any officer of the State or member or officer of the General Assembly,
shall be punishable as may be provided by law; but part of such punishment
shall be disqualification to hold office in this State for a period of
five years.
14. This complaint sets forth
reasons and facts demonstrating that Mike Huckabee used certain public
moneys for purposes not authorized by law or contrary to law, and thus
constituting illegal exactions.
15. Plaintiff requests that
as part of the relief Mike Huckabee be enjoined, prohibited, and forbidden
from holding any office in this state for a period of five years.
16. The expenditures
complained of herein arise from certain appropriation acts including Act
131 of 2005 and Act 221 of 2003. By way of example Act 131 of 2005 is reproduced herein
as
follows:
State
of Arkansas 85th General Assembly Regular Session, 2005 SENATE BILL 242
By:
Joint Budget Committee
For
An Act To Be Entitled
AN ACT TO MAKE AN APPROPRIATION OF
FUNDS TO ALLEVIATE
CONDITIONS ARISING IN PUBLIC
EMERGENCIES FOR THE
BIENNIAL
PERIOD ENDING JUNE 30, 2007; AND
FOR OTHER PURPOSES.
Subtitle
AN ACT FOR THE OFFICE OF THE
GOVERNOR – EMERGENCY PROCLAMATION APPROPRIATION FOR THE 2005-2007
BIENNIUM.
BE IT ENACTED BY THE GENERAL
ASSEMBLY OF THE STATE OF
ARKANSAS:
SECTION 1. APPROPRIATION –
GOVERNOR’S EMERGENCY PROCLAMATION. There is hereby appropriated, to the
Office of the Governor, to be payable from the Miscellaneous Revolving
Fund, for the purpose provided for by Arkansas Code 19-2-404 for the
biennial period ending June 30, 2007, the following:
SECTION 2. COMPLIANCE WITH OTHER
LAWS. Disbursement of funds authorized by this act shall be limited to the
appropriation for such agency and funds made available by law for the
support of such appropriations; and the restrictions of the State
Procurement Law, the General Accounting and Budgetary Procedures Law, the
Revenue Stabilization Law, the Regular Salary Procedures and Restrictions
Act, or their successors, and other fiscal control laws of this State,
where applicable, and regulations promulgated by the Department of Finance
and Administration, as authorized by law, shall be strictly complied with
in disbursement of said
funds.
SECTION 3. LEGISLATIVE INTENT. It
is the intent of the General Assembly that any funds disbursed under the
authority of the appropriations contained in this act shall be in
compliance with the stated reasons for which this act was adopted, as
evidenced by the Agency Requests, Executive Recommendations and
Legislative Recommendations contained in the budget manuals prepared by
the Department of Finance and
Administration, letters, or
summarized oral testimony in the official minutes of the Arkansas
Legislative Council or Joint Budget Committee which relate to its passage
and adoption.
SECTION 4. EMERGENCY CLAUSE. It is
found and determined by the General Assembly, that the Constitution of the
State of Arkansas prohibits the appropriation of funds for more than a two
(2) year period; that the effectiveness of this Act on July 1, 2005 is
essential to the operation of the agency for which the appropriations in
this Act are provided, and that in the event of an extension of the
Regular Session, the delay in the effective date of this Act beyond July
1, 2005 could work irreparable harm upon the proper administration and
provision of essential governmental programs. Therefore, an emergency is
hereby declared to exist and this Act being necessary for the immediate
preservation of the public peace, health and safety shall be in full force
and effect from and after July 1, 2005.
17. The expenditures are set
forth on a sheet which gives a brief description of the claims, the
identifier code which sets forth the year and the request number, the
date, the amount requested, the amount which would remain if the request
were approved, and the number of legislators signing off on the
request.For example, EM07-1
is the first request for the fiscal year 2007, which sought and obtained
$15,000 to subsidize equipment for the Independence County Sheriff’s
department.This document is
attached hereto as Exhibit “1″ and incorporated as if set forth herein
word for word.
18. Plaintiff claims
entitlement to a declaratory judgment stating that all the expenditures
complained of herein are in fact unlawful and improper.
19. Plaintiff claims
entitlement uponthe facts
shown to a declaratory judgment that these expenditures of state tax
dollars constitute illegal exactions, and Mike Huckabee should be and
furthermore is by such order prohibited from holding any office in this
state for a period of 5 years from the date of the order.
COUNT
2 – USING PUBLIC FUNDS WITHOUT AN EMERGENCY AND WITHOUT
THE
APPROVAL OF A MAJORITY OF THE PROPER LEGISLATIVE OFFICERS
FOR
EXPENSE REIMBURSEMENTS
20. Plaintiff restates and
realleges all other parts of the complaint to the extent not prohibited by
law or ethical rule.
21. Arkansas Code Annotated
Section19-2-404 provides in
pertinent part:
19-2-404. Emergency
expenditures.
(a)(1) In the event of riots or
threatened riots; sabotage, public insurrection, or threatened
insurrection; storm, flood, famine, or other public calamity which
jeopardizes the public peace, health, and safety of citizens of Arkansas
that calls for immediate action, the Governor is delegated and authorized
by the General Assembly to declare an emergency to exist and to issue a
proclamation declaring an emergency to
exist.
Other requests for utilization of
this appropriation shall be submitted for prior review by the Governor to
a Governor’s Emergency Fund Review Committee, meeting in committee,
composed of the chairmen and vice chairmen of the Legislative Joint
Auditing Committee and Legislative Council.
A proclamation or request, as
approved by the Governor or the Governor’s Emergency Fund Review
Committee, shall include:
The nature and location of
the emergency;
The name of the department or
agency which, in the Governor’s opinion, is best able to alleviate or
obviate the conditions which have arisen or are about to arise because of
the emergency; and
The amount of funds required for
the emergency, such amount or so much thereof as shall have been set forth
in each proclamation to be extended upon vouchers drawn by the disbursing
agent of the department or agency named in the proclamation.
22. Governor Mike Huckabee
spent the money however he chose without regard to whether the Governor’s
Emergency Fund Review Committee approved the expenditure or not.
23. The requirement of review
should be construed and ruled to require at least a majority approval by
those lawmakers charged with making the review.
24. The following
expenditures received less than a majority vote the Governor’s Emergency
25. Those proposals not
receiving a majority vote are and should be deemed illegal exactions, and
Mike Huckabee should be ordered to repay same out of his own estate.The recipients of said funds
should likewise be held jointly and severally liable for the repayment of
the illegally paid out funds.
26. The following
expenditures were not such as could rationally be deemed an emergency:
EM07-1, EM07-2, EM07-3, EM07-5, EM07-6, EM07-8, EM07-9, EM07-11, EM07-12,
EM07-13, EM07-14, EM07-15, EM07-16, EM07-17, EM07-18, EM07-19, EM07-20,
EM07-21, EM06-1, EM06-2, EM06-3, EM06-4, EM06-5, EM06-6, EM06-7, EM06-8,
EM06-9, EM06-10, EM06-11, EM06-12, EM06-13, EM06-14, EM06-15, EM06-16,
EM06-17, EM06-18, EM05-1, EM05-2, EM05-3, EM05-4, EM05-5, EM05-6, EM05-7,
EM05-8, EM05-9, EM05-10, EM05-11, EM05-12, EM05-14, EM05-15, EM05-16,
EM05-17, 2004, EM04-1, EM04-2, EM04-3, EM04-4, EM04-5, EM04-6, EM04-7,
EM04-8, EM04-9, EM04-10, EM04-11, EM04-12, EM04-13, EM04-14, EM04-15,
EM04-16, EM04-17, EM04-18.
27. For the facts shown,
these expenditures of state tax dollars constitute illegal exactions, and
Mike Huckabee should be ordered to repay same out of his own estate, and
prohibited from holding any office in this state for a period of 5 years.
COUNT
3 – USING PUBLIC FUNDS CONTRARY TO THE TERMS OF THE APPROPRIATION, WITHOUT
A SPECIFIC APPROPRIATION, AND WITHOUT A DISTINCTLY STATED PURPOSE
28. Plaintiff restates and
realleges all other parts of the complaint to the extent not prohibited
No money shall be drawn from the
treasury except in pursuance of specific appropriation made by law, the
purpose of which shall be distinctly stated in the bill, and the maximum
amount which may be drawn shall be specified in dollars and cents; and no
appropriations shall be for a longer period than two years.
The general appropriation bill
shall embrace nothing but appropriations for the ordinary expense of the
executive, legislative and judicial departments of the State; all other
appropriations shall be made by separate bills, each embracing but one
subject.
31. Article 16,
§ 12 of the Arkansas Constitution provides as follows: § 12. Disbursement
of funds – Appropriation required.
No money shall be paid out of the
treasury until the same shall have been appropriated by law, and then only
in accordance with said appropriation.
32. Defendant Mike Huckabee
treated the emergency appropriations not as an appropriation for
emergencies, or for expenditures in conformity with the appropriation and
applicable laws, but rather as a “slush fund†of sorts, which he could use
upon his whims for political purposes with our without the agreement of
those delegated to review and approve expenditures from the fund.
33.
Plaintiff states and alleges that all the expenditures challenged in
paragraph 16 as not constituting a bona fide emergency are also violative
of the provisions set forth in this count, and
thus illegal exactions.
34. Mike Huckabee is shown to
have generally waited until the appropriation was about to expire to spend
most of the money. Furthermore, just before he left office he spent all the money on
pet projects.This
demonstrates that the fund was not a true emergency fund, but rather one
used to evade the constitutional and statutory restrictions on profligate
and wasteful spending. This furthermore demonstrates that the actual
purpose of much of the spending was for the political gain of Mike
Huckabee.
35. For the facts shown,
these expenditures of state tax dollars constitute illegal exactions, and
Mike Huckabee should be ordered to repay same out of his own estate, and
prohibited from holding any office in this state for a period of 5 years.
COUNT
4 – USING PUBLIC FUNDS FOR LOCAL AND SPECIAL PROJECTS
36. Plaintiff restates and
realleges all other parts of the complaint to the extent not prohibited by
law or ethical rule.
37. Amendment 14 to the
Arkansas Constitution provides as
follows:
AMENDMENT 14. LOCAL ACTSLocal or special acts prohibited –
Rights to repeal acts by legislature.The General Assembly shall not
pass any local or special act. This amendment shall not
prohibit the repeal of local
or special acts.
38.
The following expenditures were for matters that could not reasonably or
logically be called state business, but rather amount to local or special
projects, which the state is forbidden to fund from state tax dollars:
EM07-1, EM07-2, EM07-5, EM07-6, EM07-8, EM07-9, EM07-10, EM07-11, EM07-12,
EM07-13, EM07-14, EM07-15, EM07-16, EM07-17, EM07-18, EM07-19,
39. The challenged
appropriation is a plain and unmistakable attempt to do indirectly that
which the legislature is prohibited from doing directly.
40. For the facts shown,
these expenditures of state tax dollars constitute illegal exactions, and
Mike Huckabee should be ordered to repay same out of his own estate, and
prohibited from holding any office in this state for a period of 5
years.
COUNT
5 – USING PUBLIC FUNDS FOR EXPENSE REIMBURSEMENTS
41. Plaintiff restates and
realleges all other parts of the complaint to the extent not prohibited by
law or ethical rule.
42. Amendment 70 provides in
pertinent part as follows:
AMENDMENT 70. EXECUTIVE DEPARTMENT
AND GENERAL ASSEMBLY SALARIES – RESTRICTIONS ON EXPENSE REIMBURSEMENTS
§ 1.
Executive Department and General Assembly – Salaries – Restrictions on
reimbursements.
(a) No official of the Executive
Department shall be reimbursed by the State of Arkansas for any expenses
except those reasonably connected to their official duties and only if
such reimbursement is made for documented expenses actually incurred and
from the regular budget appropriated for the official’s
office.
Such restrictions on expense reimbursement are of a general application
and also
are intended specifically to prohibit the appropriation and use of public
relations funds. …
(Emphases added)
43. Plaintiff would allege
and state that the following items constitute expenses of the
Executive Department, not
appropriated in the regular budget of the office as required by law, and
thus constituting illegal exactions: EM07-9, EM07-21, EM06-18.
44. Defendant used the moneys
represented by EM07-9, EM07-21, EM06-18 for purposes not authorized by
appropriation, and thus prohibited by the letter and spirit of Amendment
70. The form of the payments is irrelevant.
45. For the facts shown,
these expenditures of state tax dollars constitute illegal exactions, and
Mike Huckabee should be ordered to repay same out of his own estate, and
prohibited from holding any office in this state for a period of 5 years.
COUNT
6 – VIOLATION OF FREEDOM OF INFORMATION ACT – REQUEST FOR ORDER COMPELLING
DEFENDANT MIKE HUCKABEE TO RETURN TO THE PUBLIC DOMAIN ALL PUBLIC RECORDS
TAKEN FROM THE PUBLIC DOMAIN, AND FOR GOVERNOR BEEBE TO REVIEW AND DELIVER
TO PLAINTIFF ALL RECORDS DETERMINED NOT TO BE EXEMPTED BY THE EXECUTIVE
WORK PAPERS EXCEPTION TO THE ARKANSAS FOIA LAW.
46. Plaintiff restates and
realleges all other parts of the complaint to the extent not prohibited by
law or ethical rule.
47. Mike Huckabee, near the
end of his final term in office, ordered the destruction of more than
$10,000 worth of computer hard drives belonging to the state of Arkansas.
48. Mike Huckabee claims to
have made a tape backup of the material on these hard drives.
49. Plaintiff, by and through
counsel, has made lawful and formal request of the governor’s
office
and of Defendant Mike Huckabee for a copy of all non-privileged material
on the tape
backup
of the hard drives. As an example see Exhibit 2, a copy of a letter sent
to Mike Huckabee on September 5, 2007, a true and correct copy of which is
attached hereto and incorporated as if set forth word for word.
50.
Plaintiff in oral conversations made it clear that he would be reasonable
with respect to the division of material between privileged and
non-privileged status. Plaintiff made it clear that the request was for information on the
hard drives which was not protected by A.C.A. § 25-19-105(b)(7), which
excludes from public scrutiny the following categories of public records:
(7) Unpublished memoranda,
working papers, and correspondence of the Governor, members of the General
Assembly, Supreme Court Justices, Court of Appeals Judges, and the
Attorney General;
51. Those persons acting as
representatives of the governor’s office, Mike Beebe sitting, informed
Plaintiff’s counsel that the records were not in the possession of the
governor’s office.
52. Plaintiff, by and through
counsel, inquired of representatives of Mike Huckabee and other persons,
who said that the public records sought were on a tape drive, in the
possession of some other person, believed to be Brenda Turner, holding
said public records at the direction and under the control of Mike
Huckabee.
53. Plaintiff requested that
the non-privileged records be copied and given to the Plaintiff by and
through his counsel.In the
alternative, Plaintiff sought the return of the records to the governor’s
office, so that the sitting governor could review the records, determine
which records in the opinion of the sitting governor fell under the
protection ofA.C.A. §
25-19-105(b)(7), and supply a copy of all non privileged records to the
Plaintiff.
54.
Plaintiff at all times and to all parties offered to pay the lawful and
customary cost of
reproduction,
and to do all other things as might be required by the law or suggested by
considerations of courtesy and cooperation, in order to obtain the records
sought.
55. Plaintiff, despite many
attempts to obtain the records sought, has obtained nothing.
56. Plaintiff is likewise
aggrieved by the loss of public records from the public domain.
57. Mike Huckabee should be
ordered to return the records to the office of the governor, now held by
Mike Beebe.Plaintiff
requests such an order.
58. Mike Beebe should be
ordered to cause the records to be reviewed within a reasonable time, and
to effectuate a determination of which records the governor’s office deems
to fall outside the protections of A.C.A. § 25-19-105(b)(7).
59. Mike Beebe should be
ordered to supply to the Plaintiff, within a reasonable time, all records
determined to fall outside the scope of A.C.A. § 25-19-105(b)(7).These records should be ordered
supplied in the same format in which the records are now maintained,
unless there is some good reason to supply the records in a different
format.
60. Plaintiff also seeks an
order commanding Mike Beebe, in his official capacity, to maintain those
records protected by A.C.A. § 25-19-105(b)(7), and in the opinion of the
office of Mike Beebe necessary and proper for the maintenance of the
records of the governor’s office.
61. Plaintiff should be
awarded his reasonable attorney’s fees and costs in obtaining the order,
pursuant to the provisions of the Arkansas Freedom of Information
Act.
62. Plaintiff requests an
expedited hearing pursuant to A.C.A. § 25-19-107.
COUNT
7 – DESTRUCTION OF GOVERNMENT PROPERTY, MISUSE OF PUBLIC FUNDS FOR
PERSONAL BENEFIT
63. Plaintiff restates and
realleges all other parts of the complaint to the extent not prohibited by
law or ethical rule.
64. Defendant Mike Huckabee
ordered the destruction of about 93 hard drives at a cost of over $10,000,
paid for from the emergency fund referenced herein.
65. Arkansas
Code Annotated §5-41-202 provides in its entirety: §5-41-202 Unlawful act
regarding a computer.
(a) A person commits an
unlawful act regarding a computer if the person knowingly and without
authorization:
(1) Modifies, damages,
destroys, discloses, uses, transfers, conceals, takes, retains possession
of, copies, obtains or attempts to obtain access to, permits access to or
causes to be accessed, or enters data or a program that exists inside or
outside a computer, system, or network;
(2) Modifies, destroys, uses,
takes, damages, transfers, conceals, copies, retains possession of,
obtains or attempts to obtain access to, permits access to or causes to be
accessed, equipment or supplies that are used or intended to be used in a
computer, system, or network;
(3) Destroys, damages, takes,
alters, transfers, discloses, conceals, copies, uses, retains possession
of, obtains or attempts to obtain access to, permits access to or causes
to be accessed, a computer, system, or network;
(4) Obtains and discloses,
publishes, transfers, or uses a device used to access a computer, system,
network, or data; or
(5) Introduces, causes to be
introduced, or attempts to introduce a computer contaminant into a
computer, system, or network.
(b) An unlawful act regarding
a computer is a:
(1) Class A misdemeanor; or
(2) Class C felony if the
act:
(A)
Was committed to devise or execute a scheme to defraud or illegally obtain
property;
(
Caused damage in excess of five hundred dollars ($500); or
(C) Caused an interruption or
impairment of a public service, including, without limitation, a:
(i) Governmental operation;
(ii) System of public
communication or transportation; or
(iii) Supply of water, gas,
or electricity.
66. Defendant Mike Huckabee
ordered and caused the destruction of approximately 93 computer hard
drives, all of which worked properly at the time of their destruction.
67. Defendant Mike Huckabee
thus caused damage in excess of five hundred dollars and committed an
offense against the people of the state of Arkansas.
68. Defendant Mike Huckabee
impaired various public services by placing public records out of the
reach of the governor’s office and its personnel, and also out of reach of
the people of Arkansas, thus preventing the use of those records by either
group of people.
69. Arkansas
Code Annotated §5-41-104 provides in its entirety: § 5-41-104. Computer
trespass
(a) A person commits computer
trespass if the person intentionally and without authorization accesses,
alters, deletes, damages, destroys, or disrupts any computer, computer
system, computer network, computer program, or data.
(b) Computer trespass is a:
(1) Class C misdemeanor if it
is a first violation that does not cause any loss or damage;
(2) Class B misdemeanor if it
is a:
(A)
Second or subsequent violation that does not cause any loss or damage; or
(
Violation that causes loss or damage of less than five hundred dollars
($500);
(3) Class A misdemeanor if it
is a violation that causes loss or damage of five hundred dollars ($500)
or more, but less than two thousand five hundred dollars ($2,500); and
(4) Class D felony if it is a
violation that causes loss or damage of two thousand five hundred dollars
($2,500) or more.
70. Defendant Mike Huckabee
was not authorized to destroy 93 operable hard drives, by law or other
person or body having the power to grant such authorization.
71. By ordering the
destruction of working computer hard drives Defendant Mike Huckabee
violated the Arkansas statutes herein as well as other laws of
Arkansas.
72. Defendant Mike Huckabee
denied the Plaintiff and the citizens of Arkansas access to state
government work product, and prevented anyone from viewing, copying, or
archiving documents prepared for government business, whether as a citizen
or in an official capacity as an employee of the governor’s office.
73. Defendant Mike Huckabee
should be ordered to repay both the costs of the destruction of the hard
drives, and the cost of replacement hard drives, out of his own estate.
74. Defendant Mike Huckabee
should be disqualified from holding office in this State for a period of
five years, pursuant to Ark. Const. Art. 16, § 3.
WHEREFORE, the plaintiff
prays for the following relief: For an order commanding Mike Huckabee to
deliver to the governor’s office all tape backups of any material copied
from any hard drive in the governor’s office, from hard drives later
destroyed within 6 months of the end
of Mike Huckabee’s last term;
For an order requiring Mike Beebe to inspect said records and deliver a
copy of all non-privileged records to Plaintiff; For an order requiring
Mike Huckabee to return to the State Treasury all moneys misappropriated
from the governor’s emergency fund, whether or not related to the
destruction of the hard drives, out of his own estate; for judgment
declaring Mike Huckabee ineligible to hold any office of profit or trust
within the State of Arkansas, paid for wholly or in part by public funds,
or to receive any remuneration or emolument whatever for past or present
public service, for the next 5 years from the date of court order; for
orders and judgments against those named parties who have unlawfully
received funds, as set forth by designations in the body of the complaint,
and in the exhibits hereto; and for all other or further or alternative
relief as the Court may find necessary and proper to restore the parties
hereto, including the taxpayers at large, to their rightful positions; for
costs of the action; for reasonable attorney’s fees from any common fund;
and for such other and further relief as may be necessary or proper.
By: Oscar Stilley, Attorney at Law 701 South 21stStreet Fort Smith, AR 72901
479-573-0726 479-573-0647 fax oscar@oscarstilley.com
CERTIFICATE
OF SERVICE
I,
Oscar Stilley, by my signature above certify that a copy of the foregoing
has been sent this December 12, 2007 to each of the following via email,
and supplemental US mail, postage prepaid, if requested, to:
Kevin
A. Crass FRIDAY ELDREDGE & CLARK, LLP 400 West Capitol Avenue, Ste
2000 Little Rock, AR 72201-3522
Meet the
GOP’s Border Control Cross-Dressers
By Michelle Malkin
Wednesday, December 12, 2007
Every Democrat running for
president thinks anti-illegal immigration activists are all racists and
xenophobes. Do we really need a Republican nominee for president who thinks
the same way?
Men, stripped down to their underwear, walk back into Mexico
across the Rio Grande river separating the U.S. and Mexico in Laredo, Texas
in this May 2, 2006 file photo. Carrying their clothes in plastic bags the men
were trying to swim into the U.S. when they spotted the U.S. Border Patrol
watching them and then turned back. Hundreds of illegal aliens cross the
river each day trying to sneak into the U.S.
Related Media:
Breakout GOP candidate Mike
Huckabee, the soft-on-border control former governor of Arkansas, scored a
jaw-dropping endorsement Tuesday from Jim Gilchrist, founder of the
Minuteman Project. Despite a long gubernatorial record opposing employer
sanctions and pushing tax-subsidized illegal alien education benefits,
Huckabee won Gilchrist’s support by unveiling a last-minute, tough-sounding
homeland security plan.
Trouble is, Huckabee has
downright and longstanding contempt for his new bedfellows of convenience.
Just two years ago, Huckabee
appeared before the open-borders Hispanic group, The League of United Latin
American Citizens (LULAC), preaching an open-door policy. According to the
Arkansas News Bureau, Huckabee also criticized state legislation requiring
proof of citizenship to register to vote and enhanced reporting of illegal
aliens as un-Christian, un-American, irresponsible and anti-life — not to
mention “inflammatory,” “race-baiting” and “demagoguery.”
Just last year, Huckabee
lambasted opponents of the bipartisan shamnesty bill providing a mass
pardon to illegal aliens as “driven by racism or nativism.” He
called strict immigration enforcement — the kind he now supports —
“sheer folly” in his campaign-timed book released earlier this
year. He actively invited the Mexican government to establish a consulate
in Arkansas — giving its office a $1 per year special office space rate —
so that its foreign officials could start dispensing security-undermining
matricula consular ID cards to illegal aliens for banking and employment
purposes. And he’s not only for government in-state illegal alien
discounts, he’s for expanding them far beyond what the federal DREAM Act
proposed.
But now that he needs to
establish his border control bona fides, Huckabee is all honey.
“Frankly, Jim,” he said to the Minuteman Project founder at a
press conference in Iowa on Tuesday, “I’ve got to tell you there were
times in the early days of the Minutemen I thought, ‘What are these guys
doing, what are they about?’ I confess I owe you an apology
It’s
Gilchrist and those who allow themselves to be snowed by Huckabee’s cynical
conversion who’ll be sorry and deep in apology debt, I guarantee you. Huckabee
showed his true colors at the Univision Spanish-language debate over the
weekend when he pandered to the crowd by lamenting “racial profiling”
of immigrants — while remaining silent about catch-and-release policies that
fail to detain criminal aliens who go on to commit more heinous crimes because
politically correct politicians and police chiefs are more concerned with being
accused of “racial profiling” than protecting the public.
Huckabee
isn’t the only shameless border control cross-dresser in the GOP field, of course.
Rudy “I supported sanctuary policies before I was against them, but my
sanctuary policy wasn’t really a sanctuary policy, anyway” Giuliani now
quotes “the advice of a great man, Father Hesburgh, who said, ‘We must
close the back door of illegal immigration in order to preserve the front door
of legal immigration.'” In an interview with Washington Examiner reporter
and author Bill Sammon, Giuliani now says he really, truly would have deported
400,000 illegal aliens in New York if he could have. Never mind that small
matter of the lawsuit he brought against the feds to block them from enforcing
immigration laws. Never mind that he was openly inviting illegal aliens into
his open-borders safe harbors.
Related Media:
Reports
Sammon: “Some of the hardest-working and most productive people in this
city are undocumented aliens,” the mayor said at a 1994 press conference.
“If you come here and you work hard and you happen to be in an
undocumented status, you’re one of the people who we want in this city. You’re
somebody that we want to protect, and we want you to get out from under what is
often a life of being like a fugitive, which is really unfair.”
Bringing
up the false convert rear is Sen. John McCain. Earlier this year, he was the
most vocal critic of grass-roots conservatives who mobilized against the
amnesty bill. He now says he has learned his lesson and supports securing the
border. He has learned nothing. During the shamnesty debacle, he called Rush
Limbaugh a “nativist”; over the weekend, he repeated such
contemptuous “straight talk” at the Univision debate by assailing what
he called anti-Hispanic rhetoric. In an interview with the New Yorker, he
irritatedly dismissed immigration concerns in Iowa as marginal and irrational
— just a bunch of “senior citizens” in Iowa caught up in the
“emotion” of a cultural assault.
Bad enough
that the Democrat candidates are still stuck in a 9/10 mentality on the nexus
between immigration and national security. The question for conservatives is:
Would a Republican immigration drag queen be any better — or worse?
While many pro-life supporters trace
Mike Huckabee’s rise in the polls to his success in the Sept. 17 Values Voter
Presidential Debate, his recent success can also be traced to
increased coverage by the Council on Foreign Relations.
The Sept. 28 speech, delivered at
the Center for
Strategic and International Studies in Washington, D.C., focused
entirely on foreign policy, portraying Huckabee as a cautious supporter of Bush
administration policy in Iraq.
The poll noted, “While Mike
Huckabee has gained ground dramatically since the August Hawkeye Poll, he is
still well behind Rudy Giuliani.”
Today, many consider Huckabee the
front-runner in Iowa.
Yet, despite obtaining the
endorsement of Jim Gilchrist, the founder of The Minuteman Project, Huckabee is
dogged by his pro-illegal immigration record as Arkansas governor.
Which is the real Huckabee – the
last, best hope of Jim Gilchrist to secure the border, or the wink-wink border
activist just posturing to win conservative votes in Republican primaries?
The profile of Huckabee posted on
the CFR website begins a synopsis of the candidate’s position on immigration by
noting, “The former Arkansas governor has openly sympathized with the
needs of illegal immigrants.”
Among the points emphasized on the
CFR blog are the following:
Huckabee has advocated prenatal care for pregnant
immigrants;
According to the Arkansas News Bureau, Huckabee has proposed
a scholarship program for illegal immigrants who graduate from Arkansas
high schools;
Huckabee has expressed support for illegal immigrants
under some conditions;
In an interview with ABC-TV’s George Stephanopoulos,
Huckabee said, “We should have a process where people can pay the
penalties, step up and accept responsibility for not being here
legally.” He added: “The objective is not to be punitive. The
objective is to make things right.”
Huckabee has also expressed support for some type of
barrier along the border with Mexico.
Gerson noted, “In our
conversation he [Huckabee] was highly critical of Fred Thompson’s view that
abortion policy should be left to the states,” making no comment on
Huckabee’s immigration policies.
WND has documented Huckabee’s efforts in 2006 to
finance with state funds and contributions made by private commercial
developers a Mexican customs office established in Little Rock.
In establishing the Mexican
consulate in Little Rock, Huckabee was assisted by his economic development
officer, Robert Trevino, who was then also district president of the League of
United Latin American Citizens, also known as LULAC, an activist group strongly
advocating for rights of Hispanic immigrants in the United States.
Trevino moved on to be the
commissioner of the Arkansas Rehabilitations Services, where he signed a July 7, 2006 “Facilities Use
Agreement” agreement leasing space for the Mexican consulate to
set up a temporary office in the Arkansas Rehabilitations Services Building at
the cost of $1 per year, until a permanent facility could be built in Little
Rock to house the consulate office.
Huckabee told WND he and Trevino traveled south
of the border in a state airplane in 2003 to pursue the deal with Mexico
because he believed having a Mexican consulate in Little Rock would support
Arkansas exports to Mexico.
Yet, the Mexican office Huckabee
sought to put in Little Rock was not a trade mission office, but a consulate
office.
Nationwide, Mexican consulate
offices are known for supporting illegal aliens in their effort to get various
kinds of identification, work permits, driver’s licenses and bank accounts.
Yet, the Washington Times quoted Ray Beck, president
of NumbersUSA,
as saying Huckabee “was an absolute disaster on immigration as
governor.”
The bottom line is the CFR would be
unlikely to give favorable attention to any candidate who was truly for
securing our borders by building a fence.
The evidence of Huckabee’s record as
governor, regardless what Gilchrist may say, is that he helped create Arkansas
as a sanctuary state, serving the interest of the Arkansas corporations that
wanted to exploit the cheap labor readily available from an open flow of
illegal immigrants.
This, Huckabee’s actual record on
immigration while governor rather than his newfound border-security rhetoric,
is a record the CFR globalists appear to be signaling the organization is
prepared to embrace and promote with increased coverage that curiously
coincides with Huckabee’s recent rise in the polls.
LITTLE ROCK — Mike Huckabee’s
immigration plan would make it easier for highly educated and highly skilled
foreigners to get visas and harder for illegal aliens to get jobs.
The Republican presidential
candidate’s “Secure America Plan,†announced Thursday, is modeled after a
proposal by Mark Krikorian, executive director of the Center for Immigration
Studies, a Washington group that advocates tougher immigration laws.
Huckabee’s Web site,
mikehuckabee.com, calls it “a broad-based strategy that commits the resources
of the federal government to the enforcement of our immigration laws and
results in the attrition of the illegal immigrant population.â€
His plan calls for “a universal, mandatory citizenship verification
system as part of the normal hiring process.†It would impose “steep fines and
penalties†on those who hire illegal aliens. (See
existingFederal Law
8
USC Sec 1325 – Illegal Entry
Any alien who enters U.S. other than at A port of entry
by false or misleading representation shall be subject to civil and criminal
penalties can be fined and imprisoned)
It would not recognize the matricula
consular identification card issued by the Mexican government through its
consulate offices.
(See arkansasfreedom.net for documents proving
Huckabee defied the Constitution by going to Mexico to cut a deal with Vicente
Fox to bring a Mexican Consulate to Little Rock, Arkansas, subsidized by
American citizen taxpayers, in order to give Matricula Consular cards to
illegals and attract more cheap slave labor for the poultry and other
industries, as well as government programs such as Arkids 1st ,
Prenatal care, and tried to give illegals in-state tuition &
scholarships.All of which is subsidized
by taxpayers, including education and scores of benefits. This is his biggest
lie yet.)
Other elements of the plan:
Complete a fence and
surveillance-camera system along the Mexican border by July 2010.
Increase the number of border-patrol
units.
Train local police in immigration
laws.
(See Federal Law 8USCSection 1324c Law
officers have authority to make arrests…
All officers whose duty it is to enforce criminal laws
shall have authority to make arrests for violation of any provision of this section
(affirmed US vs. Perez-Gonzalez 2002 Fed App 0360, 6th Circ.) Section 1324a
Hiring – Harboring – Transporting any illegal alien.
Section 1644
No local ordinance, rule, or measure shall stop law enforcement
officers from enforcement of this section (affirmed Southern District Court of NY, US vs. Rudy Giuliani, 1996.)
Give illegal aliens 120 days to
register with the Bureau of Citizenship and Immigration Services and leave the
country. Those who do not do so would be barred from re-entering the country
for 10 years.
This article was published Friday,
December 7, 2007.
