Judge Jonathan Hein is proceeding like nothings changed despite his illegal granting of the plea deal withdrawl [1], which is absolutely fine. Now, instead of being charged with only 2 crimes, Montgomery County Clerk of Courts Mike Foley will be facing all 12 charges. There’s a bit of wonkiness:
IT IS, THEREFORE, ORDERED AND DECREED that evidentiary hearing on issues of witness testimonial competency / attorney-client privilege will be conducted on Tuesday, August 12, 2025 at 9:00 a.m. (one day).
Given the anticipated subject matter, and based on prior requests, counsel shall first be prepared to present justification for conducting the hearing outside the presence of the public. Finally, on review of the motion filed November 11, 2024, the Court finds that no specific privileged materials are included in the pleading. Thus, resealing this record is not deemed appropriate.
While this is clear as mud, it seems to be saying that this will be in open court, and if counsel wants to have anything sealed or heard outside of the public space, they have to make a justifiable argument to do so.
This issue was clearly debunked by the filing of Terry Posey Jr. on behalf of former Clerk of Courts in house Counsel Tyler Starline. File is titled: MEMORANDUM IN OPPOSITION TO MOTION TO SHOW CAUSE AND MOTION TO QUASH SUBPOENA DUCES TECUM
To summarize, Starline worked for the people, not Foley, and was bound to tell the truth. Any claim of “Attorney Client Privilege” was incorrect, and Foley couldn’t go on a fishing expedition. Yet, in the original case- Hein used this as a reason (incorrectly to hide the docket and accusations from the public).
The question of if Foley will still be in office, getting paid or not, may or may not be decided by this date. And although his attorney seems to think that he has successfully withdrawn the plea deal and sentencing, my legal research says he failed. How long Rion will stay Foley’s attorney after Foley stops getting his big paycheck from the taxpayers is anyone’s guess. My guess is he dumps him as soon as 2nd District Court of Appeals rules in my favor on the Quo Warranto.
The second filing is setting the trial for all 12 counts:
This matter is scheduled for Jury Trial on October 7, 8, 9 and 10, 2025 beginning at 9:00 a.m. each day (unless otherwise stated). Counsel shall meet in chambers 30 minutes prior to commencing trial to discuss trial and other issues.
By backing out of his plea deal, he’s getting charged with all 12 counts. We don’t know if he’ll ask for a bench trial or a jury. We also don’t know if Judge Hein will be allowed to continue, after his sub-par performance to date. There is also a ticking clock as Hein turns 70 in January, and any delays in this case may make him ineligible to continue.
Nothing would be sweeter than the 2nd district removing Foley from office, removing Hein from the case and Foley ending up in prison for more than a few years for his multiple infractions of the law and the public trust.
As soon as there is an update on the appellate court schedule, you’ll read it first here on esrati.com
Thanks for the update !
I’m beginning to think that Obama‘s terms weren’t scandal free ? What says you ?
The arrogance is obvious. Mike Foley walks around like he’s untouchable, while the very communities he parades through during campaign season would never get this kind of leniency. Regular folks — especially those from underserved neighborhoods — would be jailed or fired if they were accused of half the things he’s facing. Instead, Foley gets to stall the process and keep collecting a paycheck while facing 12 charges tied to his job.
Meanwhile, underpaid Clerk’s Office staff are constantly being nudged to donate to food drives and charities — yet many are struggling to feed their own families. Maybe next time there’s a food giveaway on WHIO, some employees should show up in those “Mike Foley Clerk of Courts” polos. That way Foley gets the publicity he craves, and a struggling worker might actually get a few groceries. That visual would speak volumes.
Let’s also be real — Foley isn’t doing this alone. The many yes men around him are just as corrupt. If you’ve stood next to him, supported him, or donated to his campaign, you’re no better. In my opinion, your silence or support is all about protecting your own pockets. You’re fine with everything he does — as long as it doesn’t hurt you financially.
You see the employees struggling every day, passed over for promotions while Foley’s friends are handed roles that pay enough to cover three regular salaries. When I see those group photos of higher-ups “representing” the Clerk’s Office, I don’t see professionalism. I see a group of clowns putting on a performance while real workers suffer in the background.
At this point, we all know Foley’s guilty — he’s just trying to pick his own punishment. That’s not leadership. That’s privilege on full display.
Thanks for update, David! I look forward to seeing what the pleadings say and any activity on your quo warranto action.
Previously, David had a meaty post on “The Mike Foley Follies” explaining all of the connections, which is here to refresh your recollection.
https://esrati.com/when-hacks-get-elected-the-mike-foley-follies/19413
Just like Trump uses his time in office to do political and personal work ($10M taxpayer dollars to fly to Scotland to open up that new course at his property), Foley also skirts the law to do the same thing. Both are unfit for office.
Tim, since you asked, I provide this:
Debunking the lies from Trump’s DNI about Obama:
“Director of National Intelligence Tulsi Gabbard provided documents to the Justice Department seeking a criminal investigation into Obama officials stemming from their assessment of Russia’s involvement in the 2016 election. A coup would have involved efforts to keep Donald Trump from taking office in 2016. Former President Barack Obama did not do that. Multiple investigations found that Russia interfered with the 2016 election but did not manipulate voting results.”
SOURCE: https://www.politifact.com/factchecks/2025/jul/22/donald-trump/russia-investigation-coup-Obama-Russia-Tulsi-Gabba/
From the US Senate Intel report:
“…Hack and Leak
(U) The Committee found that Russian President Vladimir Putin ordered the Russian
effort to hack computer networks and accounts affiliated with the Democratic Party and leak information damaging to Hillary Clinton and her campaign for president. Moscow’s intent was to harm the Clinton Campaign, tarnish an expected Clinton presidential administration, help the Trump Campaign after Trump became the presumptive Republican nominee, and undermine the U.S. democratic process…”
SOURCE: https://www.intelligence.senate.gov/2020/08/18/press-rubio-statement-senate-intel-release-volume-5-bipartisan-russia-report/
Former Huber Heights Councilman and Attorney Tyler Starline (Republican) was a long time friend and associate of Montgomery County Clerk of Court Mike Foley (Republican), going all the way back to their time together in Foley’s 12-year Huber Heights license bureau gig. I feel confident Starline knows quite a lot about Foley and his business practices. He will make a useful witness, while speaking the truth under oath (not always the case when he was in Huber Heights government).
Why did Foley fire Starline? Perhaps Attorney and current Montgomery County Treasurer John McManus (Republican and former Democrat) will make a cameo appearance and shed some light on the truth and the Foley/Starline relationship challenges.
I wonder if Mike Foley’s tax prep franchise in Blanchester, Ohio with felon tax man Fesum Ogbazion from Ethiopia will come up. Foley’s nasty divorce spelled it all out and Foley’s ex-wife testified in the federal criminal trial.
https://en.wikipedia.org/wiki/Instant_Tax_Service
Speaking of Attorney Terry Posey, Jr. (Republican), maybe we can get an update on what the heck is going on with the fiscal craziness from the Republican-led Miami Township government. It seems like these are the same cast of life long Republican characters being circulated round and round like a merry go round (Don Culp, Terry Posey, Doug Barry).
https://www.miamitownship.com/CivicAlerts.aspx?AID=369&ARC=1173
https://www.daytondailynews.com/local/miami-twp-choice-for-new-trustee-a-familiar-face/FG63TXAQKRAQHBYAMXUT4AT3VE/
Is Miami Township, Ohio near bankruptcy because it didn’t carry adequate insurance coverage? What of Fiscal Officer Bob Matthews (Republican) and his errant crypto currency deals? The Dayton Daily News reported on all of it.
The next thing you should investigate in the Clerk’s office is the mass exit of clerks since Foley “won” the election last year, considering he now has 3 cronies working for him from the Board of Elections now. The whole domestic relations division quit and went to work elsewhere in the court. People from Criminal, Civil, and Bookkeeping divisions left, including one they were allegedly trying to fire but couldn’t. The Compliance Officer, an attorney, got moved to the floor. He left. The one competent assistant chief deputy was “promoted” to a trainer; that’s a demotion in reality. She left. Then they brought in a completely incompetent (IMO) guy to replace that Assistant Chief Deputy when in reality, he wanted to run for the president of West Carrollton School Board, which made his then-position at the Board of Elections a conflict of interest, so Foley gave him a cushy job making who-knows-what and he knows squat. The asst. deputy turned trainer was expected to train him for the job she still deserves to have. She left. Competent clerks left because there’s no opportunity to grow there and earn more money unless you’re on the Foley Friends and Family plan on the other side of the now-locked door to the admin office that us clerks can’t even have access to open. We were told it was to protect the admin staff. From who? The outer door has always been locked to the public. No need to protect Foley because he’s literally almost never there. Says he’s so proud of his “team” and yet I’ve never seen him on our side of the office, ever. The staff is quitting left and right and I don’t blame them a bit. This office is a micromanaged mess by people with big salaries who pay us peanuts when it comes to our reviews and know nothing of our actual processes. So do some research if you can, David. See what a mess our office has become because people can’t stand working there one more minute. Just my two cents’ worth but people need to know… Read more »
@well well well- if you email me at [email protected] with names attached- it makes it much easier to research and write about. Thank you