A request for a grand jury investigation of presidential candidate Huckabee and Ark. Gov. Beebe for iilegal use of taxpayer money to fund Mexican Consulate in violation of the U..S. Constitution.

News Release:
ARKANSAS FREEDOM.COM

Joe McCutchen
2916 Heather Oaks Way
Fort Smith, AR 72908
Phone (479) 646-8261


May 1, 2007

Honorable Larry Jegley
Pulaski County Prosecuting Attorney
224 South Spring Street
Little Rock, AR 72201

Dear Mr. Jegley:

In August 2006, various personnel from the State of Arkansas made plans for a Mexican Consulate in Little Rock (see attached e-mail marked ‘Exhibit 1′) despite the fact that Article I, Section 10 of the United States Constitution prohibits state governments from becoming parties to agreements with foreign governments. As noted in Exhibit 1, the State of Arkansas committed not to expend any taxpayer money for the consulate.

In August 2006, I met with Robert Trevino, Commissioner of Arkansas Rehabilitative Services, who had been instrumental in planning the arrangement with the consulate. Mr. Trevino told me at that time that state property, being office equipment and office space, was being used to temporarily operate the consulate. (See ‘Exhibit 2′) I also learned that state employees were manning telephone calls made to the consulate at that time.

Mr. Trevino also told me that the consulate would be used to provide free legal services to Mexican nationals. It is my understanding, based upon what Mr. Trevino told me, that free legal services would be supplied to Mexican nationals charged with breaking criminal laws in Arkansas. Thus, I felt that the consulate would be used as a means of circumventing state criminal laws with the use of free legal services.

In late December 2006, the City of Little Rock and the State of Arkansas both provided substantial amounts of money toward the Mexican Consulate. The City of Little Rock provided $50,000 in funding. (See ‘Exhibit 3′) The State of Arkansas provided $10,000 in funding. Neither expenditure was approved by taxpayers. Both expenditures were obviously in furtherance of the agreement with the Mexican Government.

It appears that the City of Little Rock may have violated the provisions of Ark. Code Ann. § 14-58-303. That section authorizes expenditures by municipalities pursuant to a competitive bidding process. In particular, it appears that expenditures over $20,000 by a municipality must occur pursuant to a competitive bidding process. Ark. Code Ann. § 14-58-303(b)(2)(A). That bidding process did not occur here, nor could it have occurred here because the funds given were more in the nature of a donation than a purchase. I do not believe that this use of public funds is consistent with powers given the municipalities by the Arkansas General Assembly.


It also appears that the State of Arkansas has engaged in unconstitutional conduct by entering into an agreement with a foreign nation, which is prohibited (as noted above) by U.S. Const. Art. I, Section 10. Other state laws may have been violated as well.

I am asking you to consider bringing a criminal action, instituting civil litigation, or convening a grand jury over these matters, particularly those involving the expenditures by the City of Little Rock. I know that various statutes give your office the right to bring civil litigation or to pursue a criminal complaint under these circumstances.

Thanking you for your attention to this matter,


Yours very truly,

Joe McCutchen


SCHEDULE OF EXHIBITS


Exhibit 1: The redacted e-mail produced by Mr. Trevino



Exhibit 2: The agreement/lease between the State (Mr. Trevino) and the Mexican Government

Exhibit 3: Newspaper article showing $10,000 donation from State, $50,000 from Little Rock for the Consulate

193 thoughts on “A request for a grand jury investigation of presidential candidate Huckabee and Ark. Gov. Beebe for iilegal use of taxpayer money to fund Mexican Consulate in violation of the U..S. Constitution.”

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