Huckabee illegal Consulate

FOI information on Consulate news article

765 Comments

FOI Information Provided In
Consulate Case
Tuesday, May 1, 2007 8:50 AM CDT
By Wanda Freeman

TIMES RECORD

· 
WFREEMAN@SWTIMES.COM

A local illegal immigration opponent’s Freedom of Information Act lawsuit appears
to be resolved now that the defendant state agency has complied, an attorney
said Monday.

Joe McCutchen, who has in the past participated in the Minuteman Project at the
U.S.-Mexico border, last week filed suit in circuit court against Arkansas
Rehabilitation Services and Robert P. Trevino in his official capacity as
commissioner of the Arkansas Department of Workforce Education.

McCutchen alleged his rights were denied after Trevino and the agency failed to
comply with his March 14 FOIA request for an unredacted copy of a July 21,
2006, e-mail concerning plans to open a Mexican consulate in Arkansas. The
consulate opened Wednesday in Little Rock.

Assistant Attorney General Bishop Woosley sent a letter Friday to McCutchen’s
attorney, Sam “Chip” Sexton III, giving the redacted information and explaining
the delays that led to the lawsuit.

Under the header “Consulate
Contract,” the e-mail stated that a person whose name is blacked out had
entered into an agreement with Mexico’s government, and someone whose name is
blacked out had “arranged to purchase the site of the consulate on a 20-year
note.” The estimated monthly payment is also blacked out.

In his letter, Woosley wrote that the first redaction was the full name of
commercial real estate developer Bruce Burrow, the second redaction was another
reference to Burrow as “Bruce,” and the third redaction was the mortgage
payment of $7,500 per month.

When Trevino first supplied the redacted hard copy to McCutchen in August 2006,
Woosley wrote, he believed the redactions “appeared necessary to comply with
the FOIA, which exempts from disclosure information that might tend to give
advantage to competitors.”

Woosley explained that Trevino believed Burrow’s name and the proposed mortgage
qualified for that exemption because the real estate transaction had not been
completed.

After McCutchen filed a more specific request for the e-mail on March 27,
Trevino wrote him April 6 stating he would be out of the office because his
father died and would look for the e-mail upon his return around April 13.
McCutchen filed suit April 23, nearly six weeks after his initial request,
alleging “willful” noncompliance with the FOIA.

Woosley states in his letter that when Trevino returned to the office he
discovered he no longer had the unredacted e-mail. No unredacted hard copy had
been made, and the computer version was deleted with the change of
administration in January.

“Mr. Trevino responded by letter that he no longer had a copy of that
particular e-mail, but his response letter apparently was received after the
lawsuit had been filed,” Woosley writes.

Woosley states that with the completion of the real estate transaction,
competitive concerns are no longer an issue, and Trevino “is happy to provide
Mr. McCutchen with the information that was redacted.”

Sexton, who said Monday afternoon that he had not yet withdrawn the lawsuit,
confirmed that the information Woolsey provided satisfied the FOIA request.

 

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