Category Archives: FOI U of A Chancellor favors illegal aliens

Results from FOI re illegal alien forum + fax to U.S. Attorney


 

 

 

William Conner Eldridge

U.S. Attorney for Arkansas Western District

414 Parker Ave.

Fort Smith, AR 72901

 

Dear Sir,                                                                                          May 14, 2012

 

The enclosed data was obtained through an FOIA directed to the attention of University of Arkansas Chancellor G. David Gearhart.

 

The purpose of the FOIA was to garner information regarding a public symposium which featured 5 illegal aliens from 4 states.

 

I am in receipt of 379 pages, less protected government communications.

 

This affair, which I deem to be illegal, featured numerous public employees including emissaries of the governor of the state of Arkansas, in addition to Chancellor Gearhart who participated in the wanton production, while making Arkansas citizens look like fools.

 

I am enclosing some of what I consider to be the more egregious violations of U.S. law and Arkansas law.

 

Obviously this illegality occurred in your district and under your watch.  I would appreciate knowing your legal position on the event.

 

Kindest regards,

 

Joe McCutchen

P.S. This information is being shared with taxpaying citizens of Arkansas and across the nation.

(This data has been forwarded to William Conner Eldridge, U.S. Attorney for Arkansas Western District, Fort Smith, AR)

The response to an FOIA.                                                                         May 14, 2012

Incremental Amnesty presented by the Arkansas state government, bordering on roguery.

The illegal affair, parading 5 illegal Hispanics with national fanfare on the night of April 23, 2012 at the Fayetteville Town Center, intended for amnesty indoctrination.

Governor Mike Beebe’s office was privy to the unlawful affair and it was produced and directed by the Chancellor of the Univ. of Ark (Fayetteville campus) G David Gearhart and enabled by the Arkansas State House, with one exception, Honorable Representative Jon Hubbard.

The unlawful act was commissioned well in advance of it being carried out and produced a fragmented national audience.  Commissioning of this crime before its occurrence was a slap in the face of every legal Arkansan and American.   Beebe and Gearhart showed their utter contempt for American citizens and the rule of law.

Hussman and Stephens Media were and are silent on the affair. Why?

Some of the facts produced by an FOIA will be introduced shortly.  Understand that politicians and bureaucrats have taken the teeth out of much of what the Freedom of Information Act intended, providing protection for politicians, bureaucrats and other government employees.   For example, in one of the universities electronic messages, U. of A. attorney T. Scott Varady said that there were a number of records that constitute “education records” under FOIA, as defined by the Family Educational Rights & Privacy Act, and/or, therefore exempt.   Varady went on to state “other documents evidencing payment of expenses, costs, or other amounts by the State of Arkansas and/or Univ. of Ark. that were part of, or incidental to, the symposium.”  Therefore; the FOIA in no way gave a detailed accounting of the unlawful activities that went on before, during, and after their affair.

Attorney Varady stated that private (non-taxpayer) funds were used to pay for the cost of the event.  Varady stated the cost of the event was $53,570.84. Attorney Varady fails to mention that the Univ. of Ark. used state owned facilities, equipment, supplies, university personnel and policing entities, to name a few involved in the production of the event, including Chancellor of U of A and his many assistants.

In the 379 pages received re the FOI it was indeed pleasing to read the dozens of letters sent to Chancellor Gearhart demanding he withdraw the proposed unlawful activity…others begging him to reconsider and so on.   The few congratulatory letters to Gearhart were from his own faculty and a few Hispanic schools across the nation.

There is evidence that there is collusion between the U of A Fayetteville campus, U. of A. Little Rock, and the Clinton School of Public Service at Little Rock and Fayetteville promoting open borders and amnesty.

Arkansas Governor Beebe has always been for open borders both nationally and statewide with the worn out canard…it’s a federal problem”.  His lack of positive leadership in the matter of illegal immigration demonstrates his nexus with corporations and government with no regard for his Arkansas citizen constituents and the horrific burdens…financial, educational, penal, etc. he is placing on our backs. He magnified his unlawful position by delegating Gearhart and his minions to give birth to such an arrogant, in-your-face production re: the “woes” of 5 illegals.   Beebe sent 2 of his Assistants to the meeting…Sericia Cole & France Mett Herrera.  Who paid? 

For every letter Gearhart received condemning the scurrilous production and those few who applauded, he sent one of two form letters using University time, University personnel and University stationary under the names of Gearhart or John Diamond, Asst. Vice Chancellor.

In prepping for the spectacle, Chancellor Gearhart, pushing for emotion, stated time and again, the 5 young “undocumented, living in the shadows, taking significant risk showing up on public panel”.  Gearhart continued by stating “their undocumented immigration status makes travel within the U.S. difficult and risky and their ability to work legally”. 

Gearhart is either totally out of touch with reality or a liar.   American law enforcement, all branches, are admonished not to arrest illegals unless for a violent crime, compliments of President Barack Hussein Obama.  A news agency asked Gearhart how many police were at the symposium and what branches…no response. It is known that the Univ. of Ark. policing agency and the Ark. State police were present.  It is ironic that the 2 policing agencies refused to uphold their sworn constitutional duties by arresting the 5 illegal Hispanics and Chancellor Gearhart & friends at this wholly unlawful event. Here two branches of Ark. government are in violation of U.S. law with the police protecting the violators…and where was ICE?  Perhaps it was ICE hiding in the shadows, the illegals certainly weren’t.

Chancellor Gearhart opined “we are an education institution and have the responsibility to inform the public of political and social issues”.   Since when and by what authority? If the Chancellor believes the university has the obligation to bloviate on social & political issues, why was this spectacle not held in one of the many university facilities?  He knew very well what he was doing was not a legitimate endeavor.

Gearhart stated—“No one should be afraid or opposed to hearing both sides of an issue”.  To the Chancellor, there is only one side to this issue, i.e. U.S. law has been broken, not only by the 5 illegal aliens, but by you personally and by Gov. Beebe.   You and Beebe and a host of others have flouted U.S. law and an Arkansas statute with impunity.

Numerous University professors were actively involved in this illegal, unconstitutional affair…too numerous to mention all.  However, here are some of the more prominent names.

  1. Stacy Leeds—Dean of the U of A School of Law (is this not an oxymoron?)  Leeds is paid a hefty salary, allegedly to teach the rule of law to university students, while at the same time advocating the breaking of U.S. law, specifically 8 USC, Section 1325, 1324a, 1324c, & 1644.  Dean Leeds sent a note to Gearhart, “Hey Boss, proud to be on your team. You made us very proud this evening—well done.”  (By the way Dean, I have been under the impression that it is the citizens’ team.)
  2. Gearhart to Leeds…”You are a big part of its success”.
  3. Gearhart thanked Michael Dodd and the Associated Student Government for helping to promote the affair…..  Using students to promulgate crime?
  4. Gearhart also asked “several members of the General Assembly and other elected officials to stand up so they could be thanked”  (We have not been able to secure all the names of the elected & hired officials who showed up for this exhibition, however we do have a few names of those present).
  5. Mike Poore (not elected) Bentonville School Superintendent. He stated he sued the Dept. of Education in Colorado in order to get a 5th year extension for minority students. 
  6. Rep. Nate Bell, Mena.   Rep Bell initially received no invitation and was heartbroken and through a number of communications with Gearhart he and his wife received invitations.
  7. Rep. Johnnie Roebuck, Arkadelphia, retired educator (wouldn’t you know it?)
  8. Rep. Linda Tyler, Conway, called Gearhart “courageous”.  Does “courageous” mean she knew he was breaking the law?
  9. Two very intriguing statements from Bob McMath, Prof of History U of A, and Dean of Honors College.  Chancellor Gearhart told Bob, “I will never forget you said ‘pay the differential in in-state/out of state for those in the pipeline”.  The statement cries out for a dissection—again, who pays and who are those “in the pipeline”?  From McMath to Gearhart “YOUR neck was on the line”.  Does this statement not testify to the criminality of the symposium featuring Illegal Aliens?
  10. Skip Rutherford—Dean of Clinton School of Public Service and no doubt the nexus between Beebe and Gearhart.  Rutherford exclaimed in an email to Gearhart “I am proud of you and the U. of A. “…Which means the Univ. of Ark. is squarely involved in promoting illegal immigration.

The state of Arkansas’ political and academic systems (one in the same) is a corrupted web and permeates every part of our state. The Constitution and rule of law are savaged with impunity.

Governor Mike Beebe must be impeached, Chancellor G. David Gearhart fired and every member of the state legislature censured as enablers of this crime, with one exception the Honorable Rep. Jon Hubbard.

Let’s be very clear, illegals are here for a multiple of exploitation reasons…aliens for welfare handouts & work, employers for cheap under the table laborers, churches for parishioners & funding, government schools for the funding, government agencies for expansion & funding, and politically correct ideologues for the damage they do to the culture and heritage.

Joe McCutchen

Fort Smith, AR

“Education” Cabal & illegal aliens


Lies, flagrant violation of U.S. law—compliments of Univ. of Ark. Chancellor G. David Gearhart, Director of Ark. Dept. of Higher Education, Dr. Jim Purcell,  U.S. Senator Mark Pryor, and the DREAM Act.                                                                                                                November 29, 2010

Re: Gearhart and Purcell:

March 30, 2009 an FOIA request was submitted to Chancellor Gearhart regarding his activities from March 20-25, 2009 pertaining to expenses and more specifically his testimony before the Arkansas Legislature and his connection with Arkansas Bill SB 799.  This bill dealt with giving illegal aliens in-state tuition.  Chancellor Gearhart was flown, at taxpayers’ expense in a University of Arkansas airplane, to Little Rock to testify for passage of the bill offered by Senator Joyce Elliot. 

Being euphemistic, it is my opinion that Gearhart’s conduct in this matter was a slam in the collective faces of Arkansas citizens.  Firstly, he tramples the Federal Statute 8 USC & its subsections and further maligns ethical, moral positions by advocating for illegals which shreds the Constitution, the rule of law.  Was he not hired to run the U of A for citizens, not as a lobbyist for illegals?  Is he following the edicts of the Arkansas Friendship Coalition in taking such a taxpayer funded position against citizens by protecting the Coalitions’ corporate and organizational interests?  E.g. Tyson’s, Wal-Mart, Stephens, the Catholic Church, ACLU, LULAC.

August 13, 2010 an FOIA request was submitted to Jim Purcell regarding the number of illegal aliens receiving any form of financial help by any state agency.  His response was NONE.

The real questions become, how many illegal Mexicans and OTM’s are in attendance in the University system statewide and what is the source of their funding?

The Arkansas Democrat-Gazette Nov. 29, 2010 reports that illegal entrant Rafael Arciga was admitted to the University of Arkansas in Fayetteville—a violation of the U.S. Constitution and 8 USC which makes it a felony to aid or abet an illegal alien in any way.  Through some curious manner Arciga was granted legal status and graduated from the U of A last spring. Who granted him legal status and what was the source of funding?

 The stunner is the fact Arciga is now employed by the U of A and is lobbying in D.C. for the DREAM Act which grants taxpayer funded scholarships to illegal aliens.  Hard-earned taxpayer dollars at work paying for Arciga’s trip and time in order to increase citizen’s burdens in many ways, and further, as a side issue note Gearhart’s palatial residency and inflated salary. From his cirrus vista, I’m sure Gearhart is shedding buckets of crocodile tears for the illegal nesters.  The points being Politicians & bureaucrats have no limits in their economic exploitation of American taxpayers, in this case Arkansans specifically.

Now comes U.S. Senator Mark Pryor (D-AR), a third generation Pryor languishing on the political dole, who smacks the U.S. Constitution and the rule of law right in the kisser.  In typical Pryor fashion he spins the issue of the DREAM Act in the manner which will be pleasantly digested by naïve citizens—economics vs. the Constitution.

Referencing the DREAM Act and Pryor’s position, he said “it is unfair to offer a Benefit to an alien if they have not been paying a full share of state and federal taxes”.  “You can’t sweep it under the rug, these people are here illegally. A lot of them are not paying into the system like they should”.  Pryor’s position is so pathetic and cowardly that he should be laughed out of the state and senate.  I could accept his position if it was Non Compos Mentis, but he is absolutely aware of his traitorous stance in favor of special interests, absent the Constitution, absent the rule of law and absent regard for taxpaying citizens.

The real position of Sen. Pryor on the matter of the illegal Mexican invasions can be identified in one sentence.  When he was Arkansas’ Attorney General, he and/or his wife hired illegal Mexicans for domestic work, as reported by state newspapers.

What action will present Attorney General Dustin McDaniel take regarding these illegal activities?

Joe McCutchen

P.S.  Quote of the year, which demonstrates why our Republic is disintegrating at such a horrific rate, notwithstanding the above:  Senator “Delta Duchess” Lincoln in the same edition of the DG, “the DREAM Act would not reward illegal conduct”.

arkansasfreedom.net   

FOI’s follow:

Joe McCutchen

2916 Heather Oaks Way

Fort Smith, AR 72908

Phone (479) 646-8261

 

March 30, 2009

 

CERTIFIED MAIL – RETURN RECEIPT REQUESTED

 

G. David Gearhart, Chancellor

University of Arkansas

Fayetteville, AR 72701

 

            Re:       Freedom of Information Act Request

 

Dear Chancellor Gearhart:

 

            Pursuant to the Arkansas Freedom of Information Act (Ark. Code Ann. § 25-19-101), I hereby request copies of the following public records:

 

            (a)        copies of all documentation from or on behalf of G. David Gearhart request (or in support of any request) for reimbursement for any expense for the time period from March 20-25, 2009 (note that all supporting documentation is requested);

 

            (b)       copies of all flight logs for any flight (other than a commercial flight) taken by G. David Gearhart at any time between March 20-25, 2009;

 

            (c)        copies of all tickets and receipts for any commercial flight taken by G. David Gearhart at any time between March 20-25, 2009;

 

            (c)        all letters, documents, and e-mails to or from G. David Gearhart or any employee of the University of Arkansas which refer to or mention testimony (including a request for testimony) by G. David Gearhart before the Arkansas Legislature or Arkansas Senate in connection with Arkansas Bill SB799.

 

            (d)       all documents (including memoranda, e-mails, or other documents) in possession of the University of Arkansas or G. David Gearhart dated on or after January 1, 2009 which mention or refer to Arkansas Bill SB799.

           

Please be advised that I am specifically excluding from this request any documents that are protected from disclosure by the Family Educational Rights and Privacy Act of 1974, 20 USC § 1232g.  To the extent that any document requested herein contains information that is either privileged from disclosure or the disclosure of which is prohibited by any law, please redact the portion which is privileged prior to making such document available to me.

 

The requested information may be provided to me at the address specified above.  I offer to pay the actual cost of reproduction, as defined by statute, either in advance of copying or pursuant to a statement or invoice from you after copying occurs.  If such charge will exceed $100.00, please notify me in advance of copying.

 

Alternatively, if you are otherwise unable to comply with this request, I request reasonable access to the identified public records and reasonable comforts and facilities for the full exercise of the right to inspect and copy those records. 

 

I likewise request to know the name of the custodian of the records specified above if you are not in possession of such items.

 

Thanking you for your attention to this matter,

 

Yours very truly,

Joe McCutchen

 

Joe McCutchen

2916 Heather Oaks Way

Fort Smith, AR 72908

Phone (479) 646-8261

 

August 13, 2010

 

CERTIFIED MAIL – RETURN RECEIPT REQUESTED

 

Jim Purcell, Ed.D., Director

Arkansas Department of Higher Education

114 East Capitol Avenue

Little Rock, AR 72201

 

               Re:         Freedom of Information Act Request

 

Dear Dr. Purcell:

 

               Pursuant to the Arkansas Freedom of Information Act (Ark. Code Ann. § 25-19-101), I hereby request copies of the following public records:

 

               (a)          statistical data or information showing the number of illegal aliens that received a scholarship in any amount from the Arkansas Department of Higher Education or from a fund that is administered by the Arkansas Department of Higher Education;

 

               (b)          policies utilized by the Arkansas Department of Higher Education to verify that recipients of any and all scholarship funds administered or distributed your agency are either United States citizens or lawfully present in the United States;

 

               (c)           all memoranda, e-mail, or other written documents setting forth the criteria utilized by the Arkansas Department of Higher Education to verify that recipients of any and all scholarship funds administered or distributed by your agency are either United States citizens or lawfully present in the United States;

 

               Please be advised that I am specifically excluding from this request any documents that are protected from disclosure by the Family Educational Rights and Privacy Act of 1974, 20 USC § 1232g.  I am requesting that any documents that contain information that may be exempt from disclosure be redacted so that the redacted document may be provided pursuant to this request.

 

The requested information may be provided to me at the address specified above.  I offer to pay the actual cost of reproduction, as defined by statute, either in advance of copying or pursuant to a statement or invoice from you after copying occurs.  If such charge will exceed $100.00, please notify me in advance of copying.

 

Alternatively, if you are otherwise unable to comply with this request, I request reasonable access to the identified public records and reasonable comforts and facilities for the full exercise of the right to inspect and copy those records. 

 

I likewise request to know the name of the custodian of the records specified above if you are not in possession of such items.

 

Thanking you for your attention to this matter,

 

Yours very truly,

Joe McCutchen

 

 

 

 

FOI U of A Chancellor’s travels re testimony favoring in-state tuition for illegals


Joe McCutchen

2916 Heather Oaks Way

Fort Smith, AR 72908

Phone (479) 646-8261

 

March 30, 2009

 

CERTIFIED
MAIL – RETURN RECEIPT REQUESTED

 

G.
David Gearhart, Chancellor

University of Arkansas

Fayetteville, AR 72701

 

            Re:       Freedom
of Information Act Request

 

Dear
Chancellor Gearhart:

 

            Pursuant to the Arkansas Freedom of Information Act (Ark.
Code Ann. § 25-19-101), I hereby request copies of the following public
records:

 

            (a)        copies of all documentation from or on
behalf of G. David Gearhart request (or in support of any request) for
reimbursement for any expense for the time period from March 20-25, 2009 (note
that all supporting documentation is requested);

 

            (b)        copies of all flight logs for any flight
(other than a commercial flight) taken by G. David Gearhart at any time between
March 20-25, 2009;

 

            (c)        copies of all tickets and receipts for
any commercial flight taken by G. David Gearhart at any time between March
20-25, 2009;

 

            (c)        all letters, documents, and e-mails to
or from G. David Gearhart or any employee of the University of Arkansas
which refer to or mention testimony (including a request for testimony) by G.
David Gearhart before the Arkansas Legislature or Arkansas Senate in connection
with Arkansas Bill SB799.

 

            (d)       all documents (including memoranda,
e-mails, or other documents) in possession of the University of Arkansas
or G. David Gearhart dated on or after January 1, 2009 which mention or refer
to Arkansas Bill SB799.

           

Please
be advised that I am specifically excluding from this request any documents
that are protected from disclosure by the Family Educational Rights and Privacy
Act of 1974, 20 USC § 1232g.  To the
extent that any document requested herein contains information that is either
privileged from disclosure or the disclosure of which is prohibited by any law,
please redact the portion which is privileged prior to making such document
available to me.

 

The requested information may be provided to me at the
address specified above.  I offer to pay
the actual cost of reproduction, as defined by statute, either in advance of
copying or pursuant to a statement or invoice from you after copying
occurs.  If such charge will exceed
$100.00, please notify me in advance of copying.

 

Alternatively, if you are otherwise unable to comply
with this request, I request reasonable access to the identified public records
and reasonable comforts and facilities for the full exercise of the right to
inspect and copy those records. 

 

I likewise request to know the name of the custodian
of the records specified above if you are not in possession of such items.

 

Thanking you for your attention to this matter,

 

                                                            Yours
very truly,

 

 

 

                                                            Joe
McCutchen