Posted on 10/04/2005 11:32:33 AM PDT by wcdukenfield
BY FIRST CLASS MAIL AND FACSIMILE Fax: (512) 854-9695
October 4, 2005
Mr. Ronnie Earle District Attorney Travis County 509 W.11th St. Austin, TX 78701
APPLICATION FOR PRODUCTION OF PUBLIC INFORMATION
Dear Mr. Earle:
This is an application for production of public information pursuant to Sec. 552.221 of the Texas Public Information Act.
Landmark Legal Foundation (“Landmark”) requests that that your office provide copies of requested material to Landmark’s Leesburg, Virginia address pursuant to Sec. 552.221(b)(2). The following information is sought from your office:
REQUESTED INFORMATION
1. For the time period January 1, 2000 to October 4, 2005: Any and all information in the Travis County District Attorney’s Office (“DA”) , or in the custody or control of any individual working for said office, which name or in any way reference the Democratic National Committee (“DNC”); any entity, campaign committee, employee, agent or consultant of the DNC; DNC Chairman Howard Dean; the Texas Democratic Party; any entity, campaign committee, employee, agent or consultant of the Texas Democratic Party; Texas Democratic Party Chair Charles Soechting; any members of the Texas state legislature; Texas State Representative Pete Laney; and former Congressman Martin Frost.
The information must include, but is not limited to, calendars, agendas, schedules, notes, notations, letters, audio tapes, and/or video tapes. (For a more comprehensive definition of public information, see below.)
2. This request seeks all telephonic records (including but not limited to cell phone numbers) in the custody of the DA’s office, or in the custody of any individual working for said office, or to which the DA’s office has or can receive access, disclosing telephone calls to or from Mr. Earle for the time period August 1, 2005 to October 4, 2005. This request includes all information, regardless of format, including but not limited to bills or invoices disclosing telephonic communications.
3. This request seeks all telephone messages, logs, notes or notations prepared by anyone in the DA’s office for Mr. Earle, including but not limited to Mr. Earle’s secretary, receptionist and or office administrator or manager, for the time period August 1, 2005 to October 4, 2005.
4. This request seeks all telephone numbers (including but not limited to cell phone numbers) of Mr. Earle.
5. This request seeks all information in the custody of the DA’s office, or in the custody or control of any individual working for said office, which name or in any way reference Messrs. Mark Birnbaum, Jim Schermbeck, or their employees, agents or representatives, or the filming of their movie “The Big Buy” which cover the period of January 1, 2002 to October 4, 2005. This includes all telephonic records of communications involving Mr. Earle, the DA’s office, and Messrs. Birnbaum or Schermbeck.
6. This request seeks any copies of the film, or parts of the film The Big Buy, in whatever stage of production, in the possession of Mr. Earle, the DA’s office, or any employee of said office.
Pursuant to Sec. 552.002(a) public information means information that is collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business: (1) by a governmental body; or (2) for a governmental body and the governmental body owns the information or has a right of access to it. Moreover, Sec. 552.002(b) provides that the media on which public information is recorded include: (1) paper; (2) film; (3) a magnetic, optical, or solid state device that can store an electronic signal; (4) tape; (5) Mylar; (6) linen; (7) silk; and (8) vellum. Furthermore, Sec. 552.002(c) provides that the general forms in which the media containing public information exist include a book, paper, letter, document, printout, photograph, film, tape, microfiche, microfilm, photostat, sound recording, map, and drawing and a voice, data, or video representation held in computer memory.
This request includes all information, regardless of format. Moreover, it includes information stored on back-up data files, including disks and recordings of electronic communications.
This request for information does not seek any information exempt from release pursuant to Sec. 552.108 in that such release would not impede legitimate law enforcement or prosecutorial activities. Moreover, information relating to improper or illegal conduct by the DA or any person acting on behalf of or in the employment of the DA’s office is not exempt from disclosure under any exemption set forth in Chapter 552.
In the event that the DA asserts an exemption in response to this application, Landmark will expect timely compliance with the DA’s duty pursuant to Sec. 552.301 to seek an Attorney General’s decision as to the legitimacy of the exemption asserted.
Landmark is a tax exempt 501(c)(3) organization and seeks this information for public dissemination and education. Landmark respectfully requests a waiver or reduction of charges for providing copies of the requested information pursuant to Sec. 552.267 as the information sought is “in the public interest because providing the cop[ies] . . . primarily benefits the general public.” Landmark will, in fact, make this information public upon receipt. If a fee waiver is refused Landmark agrees to pay reasonable duplication costs up to $1500.00, but requests a timely itemized estimate of charges prior to incurring those costs as provided in Sec. 552.2615 via facsimile to Landmark’s Leesburg, Virginia office at 703-554-6119. However, Landmark agrees that duplication and release of records may proceed up to the $1500.00 amount immediately.
Sec. 552.221(d) requires that you act “promptly [and] without delay” -- within the 10 days provided in. If you have any questions, or wish to discuss this request further, please feel free to contact us.
Sincerely,
Mark R. Levin President
cc: Ms. Alicia Perez, Executive Manager Administrative Operations Travis County 314 W. 11th St. Austin, TX 78701
The prosecutor will immediatly scream priveledge.
Landmark will file a Bar complaint and then the Bar will sit on it to delay delay delay because the prosecutor will keep the case open for PR gain.
What about O'Reilly? I know a lot of people don't like him but he is relentless when it comes to things like injustice, etc. He also doesn't let things just lie.
I'm confused! Isn't/wasn't this Larry Klayman's group? Mark is now the President of Landmark? Guess I missed it all!
Doesn't work that way in Texas.
He claims privilege, Landmark files charges (not a bar complaint), Earle goes to jail and is automatically dismissed for official misconduct.
I just hope we can get it on Court TV for the whole world to see.
No better way to cure ronnie than bringing him into the open. We who live in Austin know he hids out from the public.
"Perhaps so, but if we can get the request into the MSM, or FNC, and make it public, then requesting any exemption or denial would not look good for Earle."You don't honestly think for a second that the MSM will lift a finger to further this, do you? We could hope, but hope is not a strategy.
Thanks for the ping....
Way to go Mark----you are my hero!!!!
You are so full of knowledge, I must ask if that has ever happened. I've heard the talk, but never seen the walk in Texas
With a watermellon no less.
I sure hope Mark is on tonight, but I will understand if he isn't.
BTW...I am so glad for a "good news" thread....I have had to walk away from my computer today...TOO TOXIC!!! lol
Anything is worth a shot, I suppose, but Gibson might be a smarter choice to try. He has a tendency to get intrigued by things like this and might actually say something about it. I'm not so sure O'Reilly would get involved unless he thought others were talking about it. I could be wrong. Even sending it to Fox & Friends or Dayside might get it more attention than O'Reilly would give it.
or a steaming bag of crap
I heard that interview---it was great!
I loved the part when Rush asked Tom if he knew of any recourse that he or even "we the people" had, to fight guys like Earle's political and illegal antics...
and Delay said, "Yes, I know of some, but I don't want Earle or the dems to know..."....
I think we just found out one of them!!!!
Yup, many times in South Texas that I can think of.
For more info: http://www.txdps.state.tx.us/director_staff/texas_rangers/
The Rangers are the ones who enforce the laws pertaining to state and local officials (assuming that the local police don't get the person responsible first).
BOR doesn't let things lie, unless it is something that he does not agree with. He does come on strong about sexual predators and rap music, but he likes to ignore little minor details like the law (army on the border, etc) He doesn't like W, maybe because W ignores his 'suggestions'.
Klayman's group is Judicial Watch.
Thanks, I taught Constitutional Law there, so I know where DPS is located.
You asked if they did investigations, so I was just trying to be helpful.
If your Levin - thank you, thank you thank you - its about time we quit acting like blueblood elitists and start taking the fight to them. Right on!!!!!!!!!!!!!1
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