Huckabee illegal Consulate

Arkansas Citizen To Sue Mike Huckabee Over His Involvment With Establishing Mexican Consulate in Little Rock

954 Comments

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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:

ITEM  FISCAL YEARS NO.  2005-2006 2006-2007

(01)
GOVERNOR’S EMERGENCY PROCLAMATION 
$500,000 $500,000

  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 upon  the 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
Section  19-2-404 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

 

Fund Review Committee:
EM07-6, EM07-9, EM07-16, EM07-17, EM07-18, EM07-19, EM07-20, EM07-21,
EM04-1, EM04-2, EM04-7, EM04-8, EM04-10, EM04-11, EM04-12, EM04-14, and
EM04-15.

 

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

 

by law or ethical rule.

 

29.       Arkansas
Constitution Article 5 Section 29
states:

 

 Appropriations.

  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.

30.
     
Arkansas Constitution Article 5 Section 30
states:

 30. General and special
appropriations.

  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 ACTS  Local 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,

EM07-20,
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,
EM05-1, EM05-2, EM05-3, EM05-4, EM05-5, EM05-6, EM05-7, EM05-8, EM05-9,
EM05-10, EM05-12, EM05-14, EM05-16, EM05-17, 2004, EM04-1, EM04-2,
EM04-3,  EM04-8, EM04-9,
EM04-10, EM04-13, EM04-18.

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 of  A.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 21st Street 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

 

(501) 376-2011

 

(501) 376-2147 fax crass@fec.net

 

Joe Cordi Assistant Arkansas
Attorney General 323 Center Street, Suite 1100 Little Rock, AR  72201

 

(501) 682-1317

 

(501) 682-8084 fax joe.cordi@ag.state.ar.us

954 thoughts on “Arkansas Citizen To Sue Mike Huckabee Over His Involvment With Establishing Mexican Consulate in Little Rock”

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