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
I understand everyone's elation here, I think it is great, too. But, realistically, what is going to stop Earl & Co. from destroying mountains of incriminating documents? Given what he and his helpers have done thus far, they will have no compunctions about getting rid of the stuff.
You are correct. The NAACP is very unhappy with the DUmb @$$ for not investigating the deaths of so many minorities in Austin and ronnie boy spending too much time chasing this case.
No dunk Kennedy
Who is going to initiate a disciplinary investigation against goober Earle for conduct prejudicial to the administration of justice?
Does that have to come from Texas or can anyone do it?
Bump
it's perhaps too much to hope earle is that stupid. likely was actors in the room while it was otherwise unused. but, it certainly bears checking.
Thanks for the heads up... this is fabulous!
Thanks for the heads up, StarFan.
Please FReepmail me if you want on or off my ‘miscellaneous’ ping list.
Go Great One!!!!!
LOL ! ! !
Thanks for the ping!
$1500 will go very far. About 15,000 pages far!
By the way, this is not a "FOIA" request which is a federal law that applies to federal information. This is a request under the Texas Public Records Act. Texas has a strong Public Records Act and there will be hell to pay from the Texas Attorney General if anyone gets caught in violation of the act. And that includes a numbnut like Ronnie Earle.
And, there is nothing that prohibits everyone here from sending the same exact letter to Ronnie Earle. He HAS to respond to each and every request. In fact, you could argue like Landmark that the information should be provided for free since it's good for the public that it is released.
Oh, note that Levin does not have the name "Delay" in his request. Smart guy.
At some point, Earle must have made a crucial mistake. I am hoping that The Great One is preparing Earle for a massive civil lawsuit, or perhaps there might be a theory of a Federal Criminal Civil Rights violation committed under color of authority. By that I mean that Earle may be using his official office to attempt to intimidate, prosecute and imprison someone because of his participation in the political process. Whatever happens, I cheer The Great One for his tenacity and willingness to go where pussy Republican leaders dare not tread.
There is nothing to stop Earle or any of his subordinates from destroying information. However, if at some point the FBI gets involved they will make it plain that anyone who cooperates will be offered a deal. Anyone else will go to prison. It works very well! And remember, there is no DEMOCRAT in the Presidency or Texas Governorship to give "pardons."
Thanks for the link and post.
No doubt $1500 would generate a fair amount of paper. But, what caught my eye was the request for copies of various types of tape and film.
Also, note the hourly rates for personnel assistance.
Don't get me wrong. I hope Landmark gets what they request.
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