It is only rational to be “Anti-Government”.

“STRUGGLE
FOR FREEDOM.”      FROM WHAT?

Being the host of a radio talk show is a lot of fun.  I get all kinds of compliments.  Especially from those who disagree with me.

 

According to those on the political left, I am the worst kind
of human being there is.  In their
parlance I’m a right-wing, Christian conservative neanderthaloid. And worse
than that, I’m one of those “anti-government types”.  Well, three out of four ain’t bad.  (My knuckles won’t quite reach to the
ground.)

 

Am I a right-winger? 
Yes, as long as there are left-wingers. Am I Christian conservative?
Guilty.  Am I anti-government?  Proudly! 
Let me explain.

 

Government, in the mind of any right thinking person is
evil.  It is in some cases a necessary
evil but still evil.  Government by
definition exists for the sole reason of control over the individual. 

 

How many times have you read or heard the phrase “man’s
struggle for freedom”?  Most history
books will advance this quest as being the driving force behind man’s entire
story.  Today, thanks to our
pro-government cultists, that struggle continues.  As an example of this, look to the current
invasion of our own country by law breaking elements of other countries.  When the question is asked, “why do these
people risk their lives and willingly break the law to do this?” the answer is
always the same.  They want freedom.

 

If man’s history, then, is a constant struggle for freedom,
the obvious question is; freedom from what? 
The answer is, of course, government. 

 

Being “anti-government” is man’s story.  Freedom of speech?  You’ve got that unless some government limits
it.  Freedom of religion?  You’ve got that unless some government limits
it.  Right to privacy?  You’ve got that unless some government limits
it. Freedom to think?  You’ve got that
unless some government limits it.

 

If all of this sounds kind of familiar, it should.  The Constitution of the United States,
the greatest document ever conceived by man, was written for one reason.  And that reason was to recognize government
for the evil it is and limit it’s evil-doing. 
That’s right.  Our Constitution
is anti-government!

 

H. L Mencken, to many a cynic but to me a philosopher, once
said: “The ideal government of all reflective men, from Aristotle onward, is one
which lets the individual alone – one which barely escapes being no government
at all.”

 

Now, I recognize that people are not perfect; and if left to
their own devices people will inevitably seek power over others.  We need some form of “governance” to protect
us from one another.  But government is
made up of people; people with the same imperfections.  And therein lies the quandary.  If there is anything worse that a conniving,
self-serving, power seeking individual, it is a conniving, self-serving, power
seeking gang.

 

Government consists of people just like you and me.  They have no special talent for the business
of governing.  They are nothing more than
a gang.  They are, therefore, capable of
nothing but group-think and by extension are the enemy of the individual.  Like any gang they like to stick together, to
“belong” and to stay a member. The only thing they are real good at is getting
office and then holding office.

 

A professional “governor” is, in my opinion, a discreditable
person; a person who will do or say anything to stay a member of the gang and
is so willing to “sell” his loyalties that he becomes no better than a common
street hustler.

 

The tendency then is for government to grow progressively
more collective.  To them we are a rival
gang.  And to remind them of their
constitutional limits is to trespass onto their turf.  Government always ends up being an “us
against them” collective and exists despite the individual instead of for the
individual.  It inevitably then grows
worse and exists for its own satisfaction and against the ambitions of those
who pay for it.

 

H. L. Mencken made another statement about the individual
verses the collectivists:  “The notion
that a radical is one who hates his country is naïve and usually idiotic.  He is, more likely, one who likes his country
more than the rest of us, and is thus more disturbed than the rest of us when
he sees it debauched.  He is not a bad
citizen turning to crime; he is a good citizen driven to despair.”

 

Do I love my country? 
No.  Do I believe in “my country,
right or wrong”?  God forbid.  Am I a patriot?  Yes. 
To me a patriot or one who is patriotic is a person who believes not in
just his country, but what his country stands
for.  And my country stands for
individual freedom.  Or at least it was
created for that reason…..back when we were free.

 

Yes, I am proudly anti-government.  Yes, I hold the Constitution to be
sacred.  You may call me a radical.  You may call me an extremist.  You may call me a zealot.  You may call me dangerous to today’s
political correctness. That’s up to you. 
But I insist that you call me anti-government.

 Don Bright
Fayetteville, Ark.


 

 

Survival vs. genocide/corruption

 Times Record reporting
on my request for a grand jury investigation re: the alleged criminal conduct
by former Governor Huckabee and Governor Mike Beebe pertaining to the
unconstitutional Mexican Consulate (Article 1, Section 10) and the thousands of
taxpayer dollars used in this criminal enterprise.  My request was addressed to Pulaski County
Prosecutor Larry Jegley who responded like a barroom brawler, stated : “tells
me there is an agenda”.  Jegley is
correct, I have an agenda and his should be the same—upholding the rule of law
and being fair, not “trying” to be fair.

  My concern is the
survival of middleclass Arkansans who are being devastated economically and educationally,
particularly our Black citizens, by those sworn to protect us.

The illegal Mexican Consulate serves three purposes.  1. To warehouse illegals.  2. Act as a distribution center for illegals
into the Arkansas workforce. 3. Provide illegal Matricula Consular cards to
illegals as official I.D, not accepted in Mexico.

A sellout by all our elected officials, either by silence or
inside trading. Cheap labor for Arkansas corporations displaces middleclass
Arkansans from jobs and families.  Tyson
and OK Poultry come to mind first. 
Cuffing their executives would solve the crisis overnight.

The question: who owns law enforcement? Unfortunately, not
the citizens. The alleged public protectors say “it’s a federal
responsibility”.  Am I to understand that
we citizens are to sit on our duffs and be overrun by illegal Mexicans and OTM’s
on the say so of politicians and bureaucrats? 
I think not.

Governments are corrupt and must be downsized and all
incumbents replaced post haste since they are the problem.

Joe McCutchen

Fort Smith

545-8261

More misinformation by the media

On
the Arkansas Times Blog today

At
war with Mexico

Wacky
Joe McCutchen,
the anti-immigration crusader from Fort Smith, is pressing Pulaski Prosecutor Larry Jegley
to call a
grand jury on that Mexican consulate in Little Rock.
 Jegly isn’t
amused by McCutchen’s media stunts.

Comments

Little Rock
is too far from the area of highest Mexican population in Arkansas.

I say they
should put a Mexican consulate in Ft. Smith, say, right next door to Joe
McCutchen.

 

 

 

Dear Max,

 

Thanks for your kind comments.  In the future you might
want to be more careful with your language, it would in all likelihood lead you
straight to the courthouse.

 

1.      
Are you not familiar with
the U.S. Constitution, specifically Article 1, Section 10?

2.      
I have never stated in any
form of communication I was against LEGAL immigration, only illegal
immigration.

3.      
Are you in favor of
Arkansas taxpayers subsidizing a foreign Consulate?

4.      
Are you in favor of
Arkansas taxpayers paying for illegal alien’s healthcare, education, welfare,
penal, etc., etc.??

5.      
I could care less if Jegley
is amused or not, I’m putting sunshine on the Constitution and existing laws
that he and other elected officials, along with you and your ilk are trashing
and refuse to defend.  I call this selective law enforcement and
reporting.

6.      
It is noteworthy that no
central Arkansas print media has seen fit to inform the taxpaying citizens of
the illegal activities by Huckabee, Beebe, Stodola, Burrow, et. Al. involved in
these illegal endeavors re: the Mexican Consulate which is nothing more than a
warehouse & distribution center for illegal Mexicans, and matricula
consular cards.

7.      
Who is subsidizing the
expenses of this Mexican Piñata called a Consulate and who is paying Burrow
$7,500 per month for 20 years?

8.      
When the press refuses to disseminate
news then the citizens must utilize other resources, which I will continue to
do.

9.      
By the way Max, get a new
coat.

 

 

Kindest regards,

 

Joe McCutchen

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

The Great American Political Protection Racket

The Great American Protection Racket is successfully being
pulled off on American citizen taxpayers. 
Ignorance is bliss?

Who’s covering whose backside?  Speaking of who’s who in our society.

Most elected and non-elected officials, bureaucrats, public education,
law enforcement, DHS, FEMA, FBI, CIA, judicial system—government, top to bottom
in conjunction with corporate mainstream media, cheap labor businesses,
chambers of commerce, military/industrial/banking complex, political parties
and academia.

In the vast protection racket the rewards are profits,
votes, jobs, power, control, and the philosophical goals of Collectivism and
destruction of a republic once founded on individual rights and governmental
control by the citizenry, not authoritarian elitists.

Conspiracy you say? 
It is not by accident that our country’s borders are open, that invading
hordes of 3rd worlder’s overrun our healthcare, welfare, education,
and penal systems, while our troops are guarding and fighting in 139 other
countries…killing and being killed at the same time our Border Patrol agents
are being sent to prison for defending our sovereignty and against illicit drug
and human smuggling.

If this country is to survive the onslaught, middleclass
citizens are the only hope left.  The
elite and those dependent on government payouts have proven they will do
nothing to upset what they perceive as their applecart and the destruction they
think they can avoid at the expense of the rest of us.

Notice media’s silence on the illegality and criminality of
a taxpayer funded Consulate…not a word even though they know the truth….why?

The Great American Protection Racket, that is why…much to
our demise and shame.  What we have
become will lead to our demise/ending. 

I personally apologize to Washington, Jefferson, Adams,
Henry, Mason, Hamilton,  LaFayette, Lee,
and all the rest for the destruction of their glorious triumph….but at least
some of us try to save it, most do not.

Barbara McCutchen

FOI information on Consulate news article

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.

 

Article in Times Record re: Mexican Consulate battle

 

 

http://www.swtimes.com/articles/2007/04/25/news/news06.txt

 

 

Immigration Foe Says FOI Request
Denied
Wednesday, April 25, 2007 10:45 AM CDT
By Wanda Freeman

TIMES RECORD • WFREEMAN@SWTIMES.COM

A local illegal immigration opponent has filed suit in Sebastian County Circuit
Court alleging a state agency and its commissioner failed to comply with a
Freedom of Information Act request for documents about the Mexican consulate
opening in Little Rock today.

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

According to his complaint, filed by attorney Sam Sexton III, McCutchen is
appealing a denial of rights he said occurred after he requested on March 14
that Trevino provide him with copies of all e-mails and correspondence relating
to “the Mexican Consulate, the Mexican government, any official of the Mexican
government or funding of a Mexican consulate or Mexican governmental office”
anywhere in the state that was sent to or from Trevino or anyone employed by
Arkansas Rehabilitation Services.

McCutchen specifically requested an “unredacted version of an e-mail previously
supplied,” and alternatively requested that he be given access to the records
to inspect and copy them himself.

The complaint states that Trevino
responded with a letter asking him to specifically identify the previously
supplied e-mail.

“In reality, Mr. Trevino knew the specific e-mail that was being requested,
because he had previously met in person with the plaintiff … and supplied a
redacted version of the e-mail,” the complaint states.

Nonetheless, McCutchen on March 27 identified the documents he requested — a
July 21, 2006, e-mail from Trevino to Alice Stewart and an Aug. 8, 2006, e-mail
from Trevino to Brenda Turner.

McCutchen’s complaint includes a copy of the e-mails he said were redacted.
Stewart and Turner worked for former Gov. Mike Huckabee at the time.

The July 21 item has several blacked-out portions.

Under the header “Consulate Contract,” a person whose name is blacked out is
said to have entered into an agreement with Mexico’s government and someone
whose name is blacked out “has arranged to purchase the site of the consulate
on a 20-year note.”

The estimated monthly cost of the note is also blacked out.

McCutchen states in his complaint that Trevino responded to his more-specific
request with a letter April 6 stating that he was out of the office because of
the death of his father and that he would try to locate the e-mails upon his
return to work around April 13.

With the passage of more than 10 days since Trevino’s expected return and
almost six weeks since the original FOI request, McCutchen states that the
defendants have “willfully failed to comply with the requirements of the
Freedom of Information Act.”

McCutchen requests that the court set a hearing within seven days and order the
defendants to produce the requested information.

He also seeks an assessment of his costs and attorney fees against the
defendants.

 

Rebuttal to inacurate Times Record News Story

Accuracy in media? Not much.   An
article appearing in this paper 4.23.07 titled “Mexican Consulate to open” was bereft
of facts.  A reporter’s first obligation
is to be accurate, and secondly to address the subject at hand and certainly
not to go back into ancient archives and rehash  lies and innuendos.

McCutchen is the proper spelling. Reporter Rob Moritz stated
“immigration opponent Joe McCutheon planned to air radio advertisement opposing
the Consulate.”  I challenge Moritz and
this newspaper in my long history of writing and speaking on immigration to
ever show one instance that I said I was against legal immigration.

Moritz stated the “Consulate will help thousands of Mexican
immigrants living in Arkansas”.  These are
not immigrants, they are illegal Mexican aliens.  Each Mexican who enters the Consulate unable
to speak English (a naturalization requirement) is a criminal invader.

Moritz chose not to discuss the contents of my central
Arkansas campaign which was the thesis of the article, specifically Article 1,
Section 10 of the Constitution, which states only the U.S. Congress can create
a compact or agreement with a foreign power. 
Former Gov. Huckabee , with the knowledge of then Attorney General
Beebe, entered into such an illegal agreement,  a betrayal of citizens, and increased exponentially
the number of illegal Mexican aliens entering Arkansas.  Most elected officials and all illegal
employers are complicit in this criminal endeavor and should be dealt with
summarily.

Moritz felt the necessity to dredge up old personal attacks,
all unproven, aimed at me by anti-American organizations, most notably the
ACLU, SPLC, ADL with smears of “racism”, and “bigotry”.  These are only three of the many Jewish “hit”
organizations that are fueling open-borders, cheap labor and the destruction of
middleclass America.

Log onto arkansasfreedom.net
for documentation.

 

Joe McCutchen

Fort Smith

646-8261

Illegal Mexican Consulate opening this week

The
local Times Record ran this story today citing Joe as protesting a “state
facility”.  No mention of violation of
Article 1, Section 10 of the U.S. Constitution…formulated by former Gov.
Huckabee and now embraced by current governor Beebe.  All Arkansas elected officials are complicit
in this crime, subverting U.S. law and betraying Arkansas citizens.

Log
on to arkansasfreedom.net for
details and documentation.

We
will respond shortly to the inaccuracies of the story and have implemented
litigation today against Ark. Rehabilitation Services & Robert P. Trevino
in his official capacity as Commissioner of Ark Dept of Workforce Commission…see
lawsuit below without exhibits A thru F…for failure to respond to two Freedom
of Information requests which will identify those citizens who signed an
agreement to subsidize the Mexican Consulate for up to six years.

 

 

 

 

New
Home For Mexican Consulate In Little Rock Set To Open

This
article was published on Sunday, April 22, 2007 6:57 PM CDT in News

By
Rob Moritz
The Morning News

LITTLE ROCK — A grand opening is
planned for Arkansas’ new Mexican Consulate this week amid fanfare by
supporters pushing economic prospects and protest by an opponent who warns of a
surge of illegal immigrants into the state.

Mexican food and entertainment will highlight the grand opening Wednesday at
the consulate office, housed in a former ice cream parlor across from the
University of Arkansas at Little Rock.

About 300 state and local dignitaries are expected to attend the festivities,
which also will include the signing of an official sister cities agreement
between Little Rock and Pachuca in the Mexican state of Hidalgo, event
coordinator Liliana Olea said.

Meanwhile, immigration opponent Joe McCutcheon of Fort Smith said he planned to
air radio advertisements opposing the consulate, beginning today.

Supporters say the consulate will help thousands of Mexican immigrants living
in Arkansas who now must travel to Dallas, Kansas City and Atlanta for
assistance. It is to house about a dozen employees.

Gov. Mike Beebe also emphasized the business contacts the consulate could
facilitate.

“Any time you have a foreign
government that chooses your city for a location, it’s potentially an economic
boost, it’s certainly a cultural boost and it certainly allows interaction
between people that have a kinship to whatever country that might be,”
Beebe said Friday.

Beebe said he would be out of town Wednesday and unable to attend the opening
ceremonies. Lt. Gov. Bill Halter is expected to attend.

The Mexican consul for Arkansas, Andres Chao, who formerly worked in the
consulate office in New York, did not return calls seeking comment.

Supporters say the consulate not only will provide Arkansas businesses with
access to Mexico and opportunities to expand their markets, but also will help
to ensure that immigrants from Mexico are in the state legally.

The idea of establishing a Mexican consulate in Arkansas was first discussed by
former Gov. Mike Huckabee after his trip to Mexico City in 2003.

Last year, Huckabee struck a deal with Mexican officials to house the consular
office in a state agency office for $1 a year while the consulate facilities
were being refurbished. At the time, some lawmakers complained the governor
made the deal without notifying the Legislature.

McCutcheon, whose anti-immigration activism has landed him on a civil rights
group’s watch list, said Friday his radio ads opposing the consulate would run
through Wednesday on several Arkansas radio stations in Little Rock and western
Arkansas.

He contended the consulate would lead to relaxed immigration laws and open the
door to more illegal immigrants, an influx he said would hurt employment
opportunities for middle-class Arkansans.

Arkansas has one of the fastest-growing Hispanic populations in the country and
more than half of Hispanic immigrants live in the state illegally, according to
a recent study commissioned by the Winthrop Rockefeller Foundation.

Another study, by the Pew Hispanic Center, estimated that as many as 50,000
immigrants lived in Arkansas in 2005.

The Rockefeller study suggested cheap immigrant labor fuels the economic engine
for the state’s poultry and meat processing industry and that production would
slide and costs would rise significantly without it.

McCutcheon said last week that he did not know if anti-immigration protesters
would demonstrate during the consulate grand opening, though several
anti-immigration Web sites posted announcements that protesters would attend
the event.

McCutcheon and his wife, Barbara, have in the past helped guard the
U.S.-Mexican border as part of the Minuteman Project.

Last year, the Southern Poverty Law Center in Atlanta labeled McCutcheon a
“nativist,” or one who thinks immigrants cannot be Americans. A
spokesman for the center recently characterized his views as “racist”
and “anti-Semitic.”

McCutcheon said Friday he is not affiliated with any groups and was mounting
the radio advertising campaign on his own

 

IN THE CIRCUIT COURT OF SEBASTIAN
COUNTY, ARKANSAS

FORT SMITH DISTRICT

CIVIL DIVISION

 

 

JOE McCUTCHEN                                                                                                                 PLAINTIFF

 

V.                                                                                          
CASE NO. CV-2007-_556______

 

ARKANSAS REHABILITATION SERVICES

and ROBERT P. TREVIÑO, in his Official Capacity

as Commissioner of the Arkansas Department of         

Workforce Education                                                                                                                   DEFENDANTS

 

COMPLAINT

 

                COMES
NOW the Plaintiff, Joe McCutchen, by and through his attorney, Sam Sexton, III,
and states as follows:

1.             The
Plaintiff, Joe McCutchen, is a citizen and resident of the Fort Smith

District in Sebastian County,
Arkansas.

                2.             This matter involves an appeal from
the denial of rights pursuant to the Arkansas Freedom of Information Act, Ark.
Code Ann. § 25-19-101, et seq., in which documents requested pursuant to the
Arkansas Freedom of Information Act were not produced or made available as
required by law.  This court has
jurisdiction over this matter and venue lies properly herein pursuant to Ark.
Code Ann. § 25-19-107.

3.             On
the 14th day of March, 2007, the Plaintiff, Joe McCutchen, served a request
pursuant to the Arkansas Freedom of Information Act upon Robert P. Trevino,
Commissioner of Arkansas Rehabilitation Services.  A copy of the Freedom of Information Act request
is attached hereto, marked as Exhibit “A” and incorporated herein by reference.

4.             In
the Freedom of Information Act request attached hereto as Exhibit “A,” the
Plaintiff, Joe McCutchen, requested copies of the following documents:

“Copies of all e-mails and correspondence discussing or concerning the
Mexican Consulate, the Mexican Government, any official of the Mexican
Government, or funding of a Mexican Consulate or Mexican governmental office in
Little Rock, Arkansas or anywhere in the State of Arkansas that was either sent
to, or from, Robert P. Treviño or by anyone employed by Arkansas Rehabilitation
Services.  This request specifically includes a request for an unredacted
version of an e-mail previously supplied pursuant to a Freedom of Information
Act Request.”

 

Alternatively, the Plaintiff,
requested access to the identified public records and reasonable comforts and
facilities for the full exercise of the right to inspect and copy the
records.  The Plaintiff also offered to
pay for the copy of records prior to the time that the records were supplied.

                5.             On the 21st day of July,
2007, the Plaintiff, Joe McCutchen, received a letter attached hereto as
Exhibit “B”, from Robert P. Treviño, Commissioner of the Arkansas Department of
Workforce Education which essentially asserted an inability to produce the
records requested because the records were not appropriately identified.  In the letter, Mr. Trevino stated:

“Your letter references specifically a request for an unredacted version
of an e-mail previously supplied.  In
order to adequately consider your specific request, please identify precisely
the e-mail you reference.  Once you are
able to provide that information we can confirm the date and time to access the
information requested.” 

 

                6.             In reality, Mr. Treviño knew the
specific e-mail that was being requested because he had previously met in
person with the Plaintiff, Joe McCutchen, and supplied a redacted version of
the e-mail.  A copy of the redacted
document previously supplied to Plaintiff Joe McCutchen is attached hereto,
marked as Exhibit “C”.

                7.             Plaintiff, Joe McCutchen, was
entitled to be provided with a version of the e-mail that was not
redacted.  No exception exists under the
Freedom of Information Act to producing the requested e-mail.

                8.             The failure by Robert Treviño to
produce the requested documentation is nothing more than an attempt to delay
the production of the requested document. However, in a spirit of good faith,
the Plaintiff sent the document attached hereto as Exhibit “D” dated March 27,
2007 in response to the letter from Mr. Treviño that is attached hereto as
Exhibit “B.”  In Exhibit “D,” the
Plaintiff said:

“I am specifically requesting an unredacted copy of the e-mail of July
21, 2006 from yourself to Alice Stewart and an unredacted copy of the e-mail of
August 8, 2006 from yourself to Brenda Turner that includes the reference July
21, 2006 e-mail.”

 

9.             Exhibit
“D” was sent by certified mail with a return receipt requested.  A copy of the certified mail receipt signed
on behalf of Robert Treviño is attached hereto, marked as Exhibit “E,” and
reflects that Exhibit “D” was received by Mr. Treviño’s office on April 3,
2007.

10.          On
April 6, 2007, Robert Treviño sent Plaintiff the letter attached hereto as
Exhibit “F.”  In that letter, Mr. Treviño
stated that he was out of his office due to the sudden death of his father but
that he would return to work sometime toward the end of the week on April 13,
2007 and would attempt to locate the referenced e-mails.

11.          April
13, 2007 was on a Friday.  Therefore,
according to Mr. Treviño’s letter, he would have returned to work on April 13,
2007 at the latest.

12.          It
has now been more than 10 days since April 13, 2007 and no attempt has been
made by the Defendants to comply with the Freedom of Information Act request
made by the Plaintiff.  No communication
whatsoever has been forthcoming regarding the requested information.  Defendants have not suggested that the
requested documentation is exempt from disclosure.  The documentation has not been produced or
made available within the time specified by to Ark. Code Ann. § 25-19-205.

13.          Although
Plaintiff has been patient in awaiting the documentation specified herein, it
has now been almost six weeks since the original documentation was
requested.  The Defendants have willfully
failed to comply with the requirements of the Freedom of Information Act.

14.          Pursuant
to Ark. Code Ann. § 25-19-205, Plaintiff requests that the Court fix a date for
a hearing within seven days for this matter to be heard.

15.          The
Court should order and direct the Defendants to promptly produce the requested
information and should assess both the costs of this action and a reasonable
attorney’s fee against the Defendants for their failure to comply with the
requirements of the Freedom of Information Act.

WHEREFORE, premises considered, the
Plaintiff, Joe McCutchen, prays that the Court order and direct the Defendants
to produce the requested documentation pursuant to the Arkansas Freedom of
Information Act, that the Court assess both costs and a reasonable attorney’s
fee against the Defendants, and for such other relief as is proper.

                                                                                                JOE
McCUTCHEN, PLAINTIFF

                 

                                                                                                ___________________________________

                                                                                                Sam
Sexton, III (ABA#87-157)

                                                                                                Attorney
at Law

                                                                                                1622
North “B” Street

                                                                                                P.O.
Box 1971

                                                                                                Fort
Smith, AR  72901

                                                                                                (479)
783-0036

                                                                                                Facsimile
(479) 783-5168

 

 

Radio ad expose’ of illegal Mexican Consulate

Citizens,

Beginnning Monday April 23rd through the 26th we will be running a 4 day radio expose’ of the criminal conduct of former Governor Mike Huckabee and his participation in the formation of the illegal Mexican Consulate, the main purpose of which is to deciminate Mexican Matricula Consular cards to illegals, which will be accepted as legal I.D.

The spots will be run on KARN AM/FM, and 107.7 The Buzz.  KARN=6x morning drive (Bob Steele), 4x Limbaugh, 6x afternoon drive (Dave Elswick)    & the student spot will run 6x on 107.7.

Please pass this on and feel free to use any of the information you care to….we will report feedback, if any.

F.O.I. documentation is on this website.

Expose, Rebuke, Return