August 10, 2021, I filed an appeal in Federal Court asking to force the FBI and the DOJ to turn over recordings of former Dayton Mayor Nan Whaley, that were played to the Grand Jury. I knew the tapes existed because someone on the Grand Jury is only 2 degrees separated from me (which is often the case in Dayton). If you aren’t familiar with everything is 6 degrees from Kevin Bacon, in Dayton, we’re lucky if you aren’t 1.7 is my running joke.
While tapes played to a grand jury are usually protected, in the case of public officials doing naughty things, Ruth Bader Ginsburg ruled on this back in 1987 when she was on the 12th district Court in Senate of Puerto Rico v. U.S. Dept of Justice. Her ruling was that:
noting that the D.C. Circuit has “never embraced a reading of Rule 6(e) so literal as to draw ‘a veil of secrecy … over all matters occurring in the world that happen to be investigated by a grand jury.”Summary of this case from Boehm v. Fed. Bureau of Investigation
This means that naughty elected officials can’t just hide the evidence of their naughtiness by having them presented to a grand jury, and then doing some horsetrading (like becoming a Confidential Informant) to make it all go away.
Now, I’m making a leap here, that Nan traded something with the feds, the same way her pal disgraced City Commissioner Joey D. Williams did when he got caught 1 year into his final term, accepting a bribe in exchange for demolition contracts. The only difference? Williams was allowed to stand for re-election with an agreement to resign if re-elected, and Whaley, dropped out of her re-election campaign for Mayor at the last minute- and instead ran a futile race for Governor, bilking donors out of millions while she was supposedly still gathering intel for the FBI and DOJ.
But, of course, since you read this blog religiously, you knew all that. The real question that needs to be answered sooner than later, is if people charged with Federal Crimes should be able to stand for reelection? (Like a certain former president with at least 4 different indictments).
At some point, the FBI and the DOJ need to be held responsible for NOT informing the public that Williams was a crook- and costing us a very expensive special election that would have been totally unnecessary if Williams had been charged back in 2015 when he was caught red-handed, instead of waiting until Apr 30, 2019 to indict him along with Clayton Luckie, Roshawn Winburn and Brian Higgins as part of “The Culture of Corruption.”
My question on “indictment day” to the Feds prosecutor, US Attorney Benjamin Glassman, was “$130M went missing at Wright State, you didn’t prosecute anyone, this is for a maximum of $250K and you are telling us that only Black Men are guilty of corruption in Dayton?”
He didn’t have an answer then, they don’t have an answer now, and the reality is, the people are losing faith in our system of checks and balances in Government.
3 Federal Judges recused themselves from my FOIA appeal and the fourth tried to dismiss it by claiming I hadn’t properly hadn’t appealed my request 3x each to BOTH the FBI and the DOJ (which are 2 fingers of the same fist). She ignored the legal decision I cited from RBG entirely.
And here we are, still with nothing happening except filing after filing, at my expense, not to be reimbursable. The only way I get paid for my time is if I write a book or a movie screenplay about fighting the Federal government against impossible odds.
What it comes down to, is the Feds have been trying to delay, playing stupid, saying I have no proof of anything, knowing full well, I can’t disclose my source, and that I’m not supposed to have seen the Higgins discovery which implicated Williams. When I filed my “proof” a few months ago, they reacted with lightning speed filing to seal and strike my filing– which the court still hasn’t ruled on.
Of course, I’ve already published it all, and nothing on the Internet really goes away, so, the cats out of the bag that the court realizes it has a racial disparity problem with Juries in the Southern District Of Ohio, and that I’d published the Higgins discovery long ago, before being ordered to destroy it- so it was still there.
But, here’s the thing, this whole question about the public losing trust in our institutions is getting very dangerous. And when I read a NY Times article that quoted presidential hopeful and current Governor of Florida, Ron DeSantis saying:
“All of these deep-state people, you know, we are going to start slitting throats on Day 1,” Mr. DeSantis said during a New Hampshire campaign stop late last week. The governor, a Navy veteran, used similar language about the Department of Defense late last month, saying that if elected he would need a defense secretary who “may have to slit some throats.”https://www.nytimes.com/2023/08/07/us/politics/trump-republican-primary-candidate-trust.html
I think I’d had enough of the courts sitting with their thumbs up their ass on the question of “did the FBI and DOJ commit a felony by not arresting Williams while still in office?
Here’s my motion to show cause, asking for the court to decide on this question, or resign if they can’t seem to find the time to do their job, Aug 8, 2023:
The Freedom of Information Act was passed in 1967 so that a government of the people, by the people, can’t be corrupted by the people in power. These delays by the judges, covering for the imbeciles in the FBI and the DOJ that can’t catch the real crooks to save their lives, has real implications. They are setting a precedent, that even if you get caught committing a heinous crime in office, you can just cooperate, provide nothing else, and not only stay out of prison, but keep your reputation intact.
This is unacceptable, and it needs to stop. If in fact, Whaley isn’t dirty, didn’t commit any crimes, then releasing the tapes should be easy. But, since they spent so much time and effort on this investigation, it’s time for some accountability.
Or maybe the judges just want to wait until all hell breaks loose and throat slitting becomes the standard for taking care of those who dare to question the validity of our Federal Government. That they’ve prosecuted and imprisoned the pawns in the Jan 6 insurrection but refuse to indict the instigator in chief, should tell you everything you need to know.
Justice only is applied to the little people anymore. And just like freedom, information, isn’t free either.