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
Levin is THE MAN!!
Thanks for posting the addy for Landmark...I'm outta town for the next couple of days but will send some "ammo" to our favorite MARKsman upon return!
Well it could be Hugh if they don't stonewall!
Not one to throw money at every single cause but this is one outfit, like Free Republic that needs to be encouraged.
That would be a HUGE mistake under Texas law. That's something that will get a "public servant" thrown in jail in Texas. Keep in mind that there is always somebody that's not a team player. All it takes is one person. Earle can't control everyone.
Mr. Earle will soon find out that he might be powerful in Travis County but Austin is not an island unto itself.
As far as Mr. Earle's future? In the words of Mr. T: "Prediction? PAIN!".
More power than a locomotive!
Able to leap tall Democrat hideouts in a single bound!
IT'S SUPERMARK!!!!!!!!!
Leni
Probably need a Texas public figure with the facts to lay it all out and get the disciplinary counsel to pay attention to him/her.
Quite true...a donation to JimR / FreeRepublic is in order as well...I just need to see what the $ situation is upon my return from Memphis.
The Klintons thought that the Rangers were the Texas equivalent of the Arkansas State Police and that they would just clean the place up and leave. They had *no* clue about what the Rangers are or what they do.
Ooops.
If Earle asks the Klintons what to do, I suspect we will then find out if they learned anything after Waco.
Um, actually, all that has to happen is that someone has to file a report of governmental misconduct and corruption in Austin with the Rangers.
The Rangers will take it from there. You don't want to be anywhere nearby when the excrement hits the air distribution device shortly after that happens.
If Earle cranks up the shredders, what do you want to bet that there will be some Rangers by in short order to explain why it's a bad idea?
You *do not* want to have a Texas Ranger mad at you. Bad things happen.
How can we forward this info to Mark Levin of Landmark? Or do you think he already knows/has this? Thanks.
That's scary.
bttt
Also... some of these documents are going to be needed for the case against Delay. Without the documents, no case. But based on Earle's history he is not looking to try this case anyway. He is wasting Texas taxpayers money by his methods... is there any recourse for that?
Do not underestimate the power of the Internet to keep stories alive. There are many stories over the past couple years that the MSM has tried to bury but ultimately have to cover them because of all of us... just ask Mary Mapes and Dan Rather.
Keep this alive... don't give up hope.
I'm sure a lot of us are hoping there is some recourse for DeLay. The use of power to persecute is anathema to us all - well, at least most of us.
Wholeheartedly agree. Just trying to point out the MSM has accomplished some of their goal without having to prove a single fact - ATTACK ALL REPUBLICAN FRONTS!!
bump to remember to check again next week
BTTT Are the 10 days up yet?...
It looks like day 10 will be on the 18th or 19th, depending on whether Texas considers Columbia Day a 'business day'.
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