Checkmate, Swanton.. HAHAHA

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I just filed with the city of Waco for a release of all information. This is my letter.

To the City of Waco…

Your letter to the Texas Attorney General is considered null and void as you have been contacted via electronic messaging, under the CAN-SPAM Act enacted in Texas within the last two years. That Act states that ANY Facebook, Twitter, Myspace, email, or electronic communication of any sort where you sign in with an email address is considered a viable “electronic message.” According to that, you are now violating my Freedom of Information Act, by my count of how many times I contacted Swanton in the first two weeks, about 250 times. I am only one of hundreds of people who have contacted him via electronic message.

pay attention now… I started messaging him on May 17th…

Information that may be withheld due to an exception

  • By the tenth (10th) business day after a governmental body receives your written request, a governmental body must:
    1. request an Attorney General opinion and state which exceptions apply;
    2. notify the requestor of the referral to the Attorney General; and
    3. notify third parties if the request involves their proprietary information.

now read this part….

  • Failure to request an Attorney General opinion and notify the requestor within 10 business days will result in a presumption that the information is open unless there is a compelling reason to withhold it.

and then….

  • Requestors may send a letter to the Attorney General arguing for release, and may review arguments made by the governmental body. If the arguments disclose the requested information, the requestor may obtain a redacted copy.
  • The Attorney General must issue a decision no later than the 45th working day from the day after the attorney general received the request for a decision. The attorney general may request an additional 10 working day extension.
  • Governmental bodies may not ask the Attorney General to “reconsider” an opinion.

Under the Freedom of Information Act, I as a journalist and representative of the family members of the Waco bikers, hereby request the names of the officers, the police reports and all the video evidence, on the basis that Sgt. Swanton. your public information officer, received so many electronic messages from the date of the incident, May 17th, in light of the public knowledge that he in fact had to go into hiding and shut down all his social media. Every day you do not release that information is a law suit for each and every person who contacted him.

Do not send me the 19 pages of crap… send me the full FORTY NINE pages. And the videos. Swanton claimed that you didn’t have any dash cams, yet the court records quite plainly mention them.. i want those too. The amount of bail, the lies in the news, the changing numbers of arrests and injured and weapons all point to the fact that all the bikers are telling the truth. We as the American people demand FULL transparency in light of current misconceptions and inaccuracies reported by the Waco Police Department before five o’clock today, or else a few more attorneys are going to have a field day on your ridiculously arrogant stupidity.

i also demand to see the cell phones of all cops and officials at Twin Peaks that day under the Texas Public Information Act.. Since Swanton’s email is now called into question with all the letters and such, i think that needs public disclosure too.

The Public Information Act covers
virtually all information possessed by
governmental bodies; “the form in which
a governmental body stores information
does not affect its availability.” Tex. Att’y
Gen. ORD-461 (1987). Electronic mail
generated or received by a public entity
may be but is not automatically subject
to public disclosure. Op. Tex. Att’y Gen.
No. JC-3828 (2001). There is no firm state
policy for retention of e-mail; for example,
open-government advocates urged reform
when it was discovered that Gov. Rick
Perry’s aides were instructed to routinely
delete office e-mail after seven days.
In April 2009 a Texas appellate court
reversed a trial court’s decision that a Dallas
mayor’s Blackberry e-mail messages were
public information, leaving the question
open for further judicial interpretation.
The trial court had held that because the
messages were made in connection with the
transaction of official business, they were
public under the Texas Public Information
Act, as information “collected, assembled,
or maintained under a law or ordinance or
in connection with the transaction of official
business by . . . or for a governmental
body.”

http://codes.lp.findlaw.com/txstatutes/GV/5/A/552/G/552.301

http://foift.org/resources/texas-public-information-act/

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14 Responses to “Checkmate, Swanton.. HAHAHA”

  1. Donna Samz Says:

    Finally!

  2. Ed Crochet Says:

    I think
    “WACO VIDEOS for VOTES”
    signs need to used
    at rallies, fliers
    sent to ALL
    ELECTED OFFICIALS
    letting them know the ENTIRE biker
    population is going to be a “BLOCK VOTE”

  3. Brad CHAOS Songer Says:

    Now THIS IS what I’ve been talking about. Someone FINALLY standing up and calling LE out on their lies, misinforming, and the ATTACK THEY SET UP. How long are they gonna keep all the lies going? 1 lie, they MAY be able to keep covering up but 10+ lies, I DON’T think so. SOONER OR LATER they WILL half to let the TRUTH BE KNOWN. I can’t understand how the hell they have held onto ALL of the evidence THIS LONG. How the hell is ANY of the Bikers who have been ILLEGALLY imprisoned going to mount a PROPER & LEGAL DEFENSE??? This is the WORST case of police corruption and civil rights violations I HAVE EVER HEARD OF, IN MODERN AMERICA. IF THEY GET AWAY WITH THIS, WE SHOULD START WORRYING ABOUT THE A LOT MORE OF OUR FREEDOMS BECAUSE THEY WILL NOT STOP HERE. SO STAND UP AND DO NOT GO QUIETLY INTO THE NIGHT OR LET THESE MURDERS FADE INTO HISTORY.

    • Kathy Wimberly Williams Says:

      My communication has been sent via electronic correspondence as well as handwritten and signed personally. Therefore the State of Texas has a written and electronic request. Copies were kept to preserve accuracy and to prevent my statement from being misconstrued or quoted. We want answers. Produce the videos and Gun Powder Results.

  4. rowland harp Says:

    Law Enforcement does the best they can in most cases, however in this instance the event in it’s entirety appears to have been preplanned by the Waco PD. Whenever there is an indication of misconduct, police need to be held accountable for their actions, especially when it involves the loss of innocent lives and subsequent slander of their reputations by “lumping them into one category” (R.I.C.O. Act). Looking at the event from a ‘neutral’ viewpoint one can not but help to see the misconduct by the Waco PD.

  5. Bravo for you! This is the law at its best trying to keep on showing how their dumb asses work with normal people! They don’t know normal when they are standing right beside it…. Bottom line is… They are afraid shitless of normal citizens.

  6. I don’t “tweet”, but whoever does, please make #BANKRUPTWACO go viral.

    • Waco Texas Says:

      Steele. This is a very concerning comment. There are many residents of Waco that fully support the innocent bikers. I would say most do. Please do not slander a city for the lack of competence in our criminal justice systems. We, as a city, do not appreciate this. We are just as disheartened by the actions of multiple sections of authority involved. Our city is a great city. People work hard every day to make this place home. Please take that into consideration.

      Now, for the fascist pigs who murdered and assaulted our brothers and sisters; you brought this on yourselves.

  7. I personally want to see the GSR results! That will tell 100% of the real story! and from the Police and all that were arrested and killed!

  8. it will be very interesting to see how far your request goes and if you will be able to get anything – they seem to have been doing a good job of stalling up to this point.

  9. […] Also today on her blog – Checkmate, Swanton.. HAHAHA – “I just filed with the city of Waco for a release of all information. This is my letter.”  Read here. […]

  10. Hi Amy,
    I have been following your coverage of Waco II these past few weeks & appreciate the hard work you have put into getting the true facts out to the global public. You obviously have your heart & soul in gear with each posting you make. Like me, others that can’t find the info you have been providing will eventually find your blog in Google & will hang on for the ride with you. Many thanks & may the wind always be at your back whenever & wherever you ride, pretty lady.

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