Austin Review Files Open Records Request for Runaway Rats Documents

TEXAS STAND-OFF NEWS BULLETIN - REVIEW FILES OPEN RECORDS REQUEST ON FUGITIVE LEGISLATORS, GREAT SATIRICAL PIECE ON THE STAND-OFF

1) News Advisory on Austin Review Filing of Open Records Request for Documents Generated by Fugitive Legislators

The Austin Review Files Open Records Request for Documents Generated by Fugitive Texas Legislators in Oklahoma; Asks Band of Legislators to Allow Embedded Reporters from Review and Other Media Outlets

Austin, TX - Today, The Austin Review announces that it has filed an open records request under the Texas Freedom of Information Act with the State Attorney General Greg Abbott for any and all records produced by the fugitive Democrat Texas state legislators while in Oklahoma. A full copy of our request is enclosed below. The Review is also requesting that this brigade of fugitive legislators allow us to place an embedded reporter within their ranks to provide the same objective, independent coverage that the U.S. military permitted in Iraq.

Austin Review Executive Editor James Logan stated, "We believe that under state law all documents created by the fugitive legislators in Oklahoma are public information, including even handwritten notes. These legislators may be able to hide from their colleagues, Texas law enforcement, and the public, but we will not allow them to shirk their responsibility to be open and accountable to a free press and the people of this state. Among other things, these documents may reveal whether special interest groups such as plaintiff's lawyers and labor unions are picking up the tab for this junket."

Logan quipped, "We are also demanding that these fugitive legislators allow the Review and other concerned media outlets to place embedded reporters within their ranks. Our journalists pledge to abide by any reasonable restrictions which they impose on us, including not revealing the location of their weapons of mass desertion."

Logan explained, "While these legislators held a choreographed news conference, that is hardly sufficient to provide the objective, independent reporting that the public demands. It is unconscionable that our military, which is engaged in far more sensitive and dangerous operations in Iraq, permitted far greater access than these legislators who are elected by and accountable to the people."

Logan concluded, "Whatever the merits of the redistricting proposal now on the table, it must not be used an an excuse for public officials to abdicate their duties, including the requirement of transparency in how they conduct their affairs. Although these fugitives claim they are standing on principle and had no alternative but to desert, district lines are both highly political and malleable. As such, there are infinite possibilities for compromise, and any plan is subject to challenge in court. If they haven't already, these AWOL legislators ought to devise their own redistricting plan, which would be covered by our open records request, and present it upon their return. Then we can have a real debate on the merits instead of a puerile game of chicken."

James Logan, Executive Editor 1609 Shoal Creek Blvd, Suite 204 Austin, TX 78701 Phone: (512) 476-8787 Cellular Phone: (512) 476-8049 Fax: (512) 453-7990 Email: jlogan@austinreview.com

Director of Communications Texas House of Representatives VIA FAX: (512) 463-5729

cc: Amanda Crawford Public Information Coordinator Office of the Attorney General VIA FAX: (512) 494-8017

This is a request under the Texas Open Records Act, chapter 552 of the Government Code (formerly V.T.C.S. article 6252) as well as Article I, Sec. 8 of the Texas Constitution, the First Amendment to the United States Constitution, the common law of the State of Texas and any statute providing for public access to government information.

In light of the extraordinary circumstances surrounding this request, we would ask that your office immediately contact the fugitive legislators, if they can be reached, to advise them against destroying any documents subject to this request. Additionally, we would request that the Texas Department of Public Safety and Texas Rangers be notified of this request so that, upon the arrest of any fugitive legislators, they may confiscate any documents covered in this request that appear to be at risk of destruction.

I request that I be sent copies of the following documents or, if there are a large number, be permitted to inspect the following documents and receive copies of the ones I would like:

All documents produced on or before May 9 by all state legislators who have refused to show up at the Capitol for purposes of establishing a quorum, including but not limited to the following lawmakers who are reportedly in hiding in Oklahoma:

Alonzo Bailey Burnam Canales Capelo Castro Coleman Cook, R. Davis, Y. Deshotel Dukes Dunnam Dutton Eiland Ellis Escobar Farabee Farrar Gallego Garza Guillen Hochberg Hodge Homer Hopson Jones, J. Laney Mabry Martinez Fischer McClendon McReynolds Menedez Moreno, J. Moreno, P. Naishtat Noriega Oliveria Olivo Pena Pickett Puente Quintanilla Raymond Ritter Rodriguez Rose Solis Telford Thompson Uresti Villareal Wise Wolens

This request includes, but is not limited to, all documents discussing legislative plans and strategy, including, but not limited to, the logistical arrangements for their walkout, redistricting, and planned attacks on political opponents. It also includes, but is not limited to, all records and receipts showing these legislators’ expenses for the purchase of any and all goods and services, whether legal or illegal, from: hotels, restaurants, bars, recreational facilities, and other commercial establishments, as well as individual purveyors.

It also includes, but is not limited to, telephone and email records reflecting calls and emails transmitted on state cellular telephones and laptop computers, including, but not limited to, such communications with national Democrat Party operatives and leaders. This request also includes, but is not limited to, all records showing any direct, indirect, or in-kind contributions from individuals, groups, and businesses made to defray the costs these legislators’ have incurred while absent from Austin.

In addition to the above documents generated on or after May 9, this request includes any and all documents generated before May 9 discussing these legislators’ plans to break quorum through this dereliction of their duties.

If you have any questions about the nature or scope of this request, please contact me. If you determine that all or some portion of the information requested is excepted from required disclosure, I request that you provide me with the portions of the requested information that are public and reasonably separable from that which you believe is excepted.

If any records are in active use or in storage, please certify this fact in writing and set a date and hour within a reasonable time when the on of the information requested is excepted from required public disclosure under a particular exception, I request that you advise me as to which exceptions you believe apply.

If you rely on previous determination, please advise me of the applicable court decision or Attorney General's opinion. If there is no such determination, please advise me of the request for such an opinion, as required under section 552.301 of the Act, and a dated copy of your letter to the Attorney General. I call your attention to section 522.353 of the Act, which provides penalties for a failure to release public records.

I am prepared to pay reasonable costs for copying, within the guidelines set by sections 552.261, 552.262, 552.263, 552.267, 552.268, 552.269.

I appreciate your attention to this request and expect to hear from your office within ten days.

Democrats, who are in the minority in the Texas state House, ain't happy with a re-districting plan crafted by the GOP majority. So on Monday they threw a temper-tantrum and did their imitation of former Saddam Hussein regime honchos: They literally ran off and hid rather than show up for their jobs in the Texas legislature.

On Sunday night, 59 of the 62 House Democrats packed their bags and sun-tan lotion and fled throughout the country so that state troopers couldn't find them and force them to return to their jobs.

Tips to the Associated Press suggest the spoiled sports lit out in three separate groups, with two hiding out in New Mexico and the other holed up in "a remote location" in Oklahoma.

With that many Democrats on the lam, the Texas Legislature is unable to conduct any business for lack of a quorum, including completion of the redistricting plan.

In a prepared statement from South Dakota, Senate Minority Leader Tom Daschle said he was "saddened, saddened" that President Bush had "failed so miserably" in diplomatic efforts to persuade the Republican majority in his home state to do what the pouting Democrat minority wanted.

In Washington, Sen. Robert Byrd (D-West Byrdginia) applauded the hiding legislators' flamboyant showmanship, to which Sen. Ted Kennedy chimed in, "I 'll drink to that."

The most stunning development of the day, however, was the dramatic re-appearance of former Iraqi minister of information, Mohammed al-Sahhaf, who took to the floor of the empty Texas legislative chamber to declare that there were no - repeat NO - missing Democrats. "Baghdad Bob" said the empty room was just an illusion perpetrated by the "cowboy imperialist infidel dog in the White House."

Back in Washington, at a hastily convened Pentagon press conference on Tuesday morning, Secretary of Defense Donald Rumsfeld sought to quash rumors that a number of the escaped Democrats had crossed the border into Syria and dismissed reports that they were traveling disguised in black mustaches and berets using French-issued passports.

"That's just stupid and any reporter who suggests such nonsense ought to be sent to Singapore for a good caning," said the plain-spoken Rumsfeld.

It's also untrue that photos of the 59 Democrats will soon appear on the sides of milk cartons or that the escapees will be featured on "America's Most Wanted." However, it does appear true that the United Nations has dispatched Hans Blix to the southwestern U.S. to search for the missing legislators.

And in a surprise reversal by two media giants, the New York Times announced it had rehired reporter Jayson Blair to cover the developing story (from a cruise ship in the Bahamas) while CNN announced that Peter Arnett had been rehired and will be embedded with a posse of Texas Rangers who have been dispatched to round up and return the Democrats to Austin.

Meanwhile, ABC's Peter Jennings declared the effort a "quagmire" after seven-and-a-half fruitless minutes of searching.

In Hollywood, hundreds of celebrities led by actress Susan Sarandon and film-maker Michael Moore, took to the streets of Beverly Hills and went on a looting rampage as a show of solidarity with the wayward Democrats. Moore blamed the whole fiasco on the Supreme Court for stealing the 2000 presidential election from Al Gore.

Moore also took the occasion to announce that he had chosen Beavis and Butthead for the leading roles in his upcoming "objective" film of the two Bush presidencies, while wondering why anyone would think his film was going to be a "hatchet job."

And in Las Vegas, former drug czar Bill Bennett set the odds of the Democrats returning to their jobs by the end of the week at 4-to-1, while NewsMax.com announced the release of a new "Deck of Deserters" playing cards featuring the 59 missing Democrats.

Chuck Muth is president of Citizen Outreach, a non-profit public policy advocacy organization in Washington, D.C.

The views expressed are his own and do not necessarily reflect the views of Citizen Outreach. He may be reached at chuckmuth@earthlink.net .

I'm wondering what, if any, mischief the Republicans can pull while the Rats are away. Is there anything they can do legislatively to give the RATS genuine heartburn or embarrassment?

I read on another thread that the House will need 2/3 vote to consider new legislation after midnight Thursday, which the Dems could block in a full house. And the house needs at least 100 for a quorum. I also read that the house leader must provide a pass for anyone to enter the chambers.

What if Craddick lets them come back, provides enough passes to get a quorum, and deny the rest passes? Then they could introduce the new legislation and have enough votes to garner 2/3 of those present. They could accomplish all they need to do.

Becki

Doubtful. The Texas Constitution allows the house to compel members to attend, but requires 2/3 of the members to be present for a quorum. It also says that 2/3 can vote to expel any member for misconduct, but it isn't clear if in means 2/3 of ALL members or 2/3 of a quorum. It could be argued that it means either one.

6 posted on 05/14/2003 9:57:13 AM PDT by Blood of Tyrants (Even if the government took all your earnings, you wouldn’t be, in its eyes, a slave.)

7 posted on 05/14/2003 9:59:15 AM PDT by Blood of Tyrants (Even if the government took all your earnings, you wouldn’t be, in its eyes, a slave.)

9 posted on 05/14/2003 11:15:19 AM PDT by Mister Baredog ((They wanted to kill 50,000 of us on 9/11, we will never forget!))

We could disbar the 12 lawyers involved. Check this out... I can't remember the post number
http://www.freerepublic.com/focus/news/913329/posts?page=72

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