Unfortunately, when the Feds feel threatened that I exposed their crime of not indicting Joey Williams immediately for bribery, and removing him from office in my FOIA case, and lay out the entire road map of their coverup, their response is to quickly motion to seal my filing from 2 days ago.
I’m responding to their brief, but in the mean time, the insanity of this “culture of corruption” case continues. I find it almost ironic, that this action comes on the same day that they are sentencing former Ohio Speaker of the House, Larry Householder- in an investigation that was announced after the Dayton investigation, and has already been resolved.
This story started over a decade ago when the FBI and DOJ started investigating what would become known by their own naming as “the Culture of Corruption” in Dayton. You, me, and and every Daytonian who paid a modicum of attention to what passes for politics in Dayton has known that Dayton’s strictly pay-to-play, with the two political parties running the show the same way the mob does.
When the 10am press conference came on April 30, 2019, the Feds, along with Ohio Attorney General Dave Yost, made a big deal out of announcing the first indictments in “Operation Demolished Integrity.”
And here we are 4 years later, and the only integrity that’s demolished is their own.
On the morning when they indicted 4 Black men as the “first wave” of what were supposed to be many indictments, I asked the first question, making the AUSA look like I’d just shot his puppy.
Where I ask the first question of AUSA Ben Glassman.
“David Esrati, Esrati.com I find it interesting that this first round of indictments is all African American males. This culture of corruption in Dayton has been going on for a long time. We had Wright State where a hundred and thirty million dollars disappeared, and nobody was led off in cuffs. We have a school board member who committed voter fraud, broke laws, I reached out to offices, he received money from the Azerbaijani laundromat, nothing happened. Are you only prosecuting Black African American males? Because this this is the first indictment you’re putting people in handcuffs over $150,000 when we had 130 million dollars disappear at Wright State and no investigation has come close to this.
US District Attorney Glassman: We would ask you to take any complaints about any allegations you have of criminal wrongdoing to the FBI.
Me: I have taken them.”
Later in questions Glassman assures us, more indictments of people in City Hall will be coming. He’s a liar.
I would say that we’ve gotten multiple different people who were employees of the city of Dayton or former employees the city of Dayton elected officials or employees who according to the allegations of the indictment participated in corrupt schemes to defraud the citizens of good government
See later in above youtube video
He later indicted former Trotwood Mayor, Joyce Cameron and her husband. Again- all Black. Oh, and Steve Rauch, of the demolition company SRI, who walked off with a paltry $15K fine.
No other people in City Hall.
Over 2 years ago, I began a process of a Freedom of Information Act (FOIA) request for additional information on this travesty of an investigation.
I was working with 2 pieces of absolutely irrefutable information: I had the discovery from the Higgins case where former Dayton City Commissioner Joey D. Williams becomes a “CHS” or snitch for the rest of us (I was later sent a court order to destroy that documentation- but, it still lives online on this site). And, a friend of a friend served on the Grand Jury, and made an out of the blue comment about former Dayton Mayor Nan Whaley when her name came up in conversation: “She’s dirty. I was on a grand jury, and they played us all of these recordings of her, and then they just stopped.”
For all of us who know our former Mayor and our current city manager, you didn’t need a wiretap or documents proving criminal activity on the afternoon of April 30th- their faces couldn’t hide their guilt. If it wasn’t for tornadoes, the KKK and the Oregon District massacre to distract folks, they may have self-destructed on their own.
Every step of my FOIA request the Feds have rebuffed and delayed. When I finally filed the required lawsuit in the Federal Court, Southern District of Ohio, three weeks later, a judge unsealed 2 warrants that had been involved in the same investigation.
“Specifically, RAUCH told CHS-4 he gave current City of Dayton Mayor NAN WHALEY $50,000 in cash, and has ways to get the cash to WHALEY that is not detectable. On another occasion, RAUCH told CHS-4 he is using BLACKSHEAR as a “go between” to WHALEY”
Search warrant for 937-416-7953 (Phone of Former County Recorder Willis Blackshear) case 3:14 mj 272, pg 8
Next thing you know, 3 federal judges recuse themselves from my case. Finally, over a year later, a 4th out of Columbus, issues a ruling ignoring the entire legal argument, using a simple administrative ruling- that I’d failed to “perfect” one part of my 2 FOIA requests to the SAME AGENCY.
I appealed, the feds, delaying as much as possible, then drag things out and blow their own timeline. Today, I filed my final response to their response and we wait for the court. I want oral arguments, they do not.
My argument, is that by not immediately charging Williams with a felony for accepting a bribe in office- and then allowing him to run for re-election, despite him being a government snitch, was a felony. Yes- the FBI and the DOJ committed a Felony- but, it is bigger than just a run of the mill felony.
From the AUSA’s own mouth about Williams crimes:
Mr. Williams has committed a grave crime. As President Theodore Roosevelt warned over a century ago: “There can be no crime more serious than bribery. Other offenses violate one law while corruption strikes at the foundation of all laws.” Theodore Roosevelt, Third Annual Message to the Senate and House of Representatives (Dec. 7, 1903).
sentencing memorandum, Case No.: 3:19CR78TMR
The second part of my argument is that by taking the crimes committed in office to a grand jury doesn’t place it behind some veil of secrecy.
I cited a decision by Ruth Bader Ginsburg from 1987 when she was on the DC Federal Court:
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.”
Senate of Puerto Rico v. U.S. Dept of Justice, 823 F.2d 574 (D.C. Cir. 1987)
If you are a public official, you can’t hide.
Unfortunately, the FBI and the DOJ, when they are trying to hide (like in this case) they try to twist a rule put in place to protect issues of national security to protect them from embarrassment. You’ve heard the line from movies “we can neither confirm or deny the existence of any records that comply with your request.”
It’s called the Glomar response, and comes from a case back in 1976 when a citizen wondering what was being built in an LA shipyard was. Global Marine (hence GloMar) owned by Howard Hughes, was building a top secret ship for the Navy to try to salvage a sunken Russian nuclear sub. His request was deemed too hot for public disclosure- and hence GloMar was born.
The use of Glomar in this case is comedic. The FBI claims by releasing the tapes we’ll somehow learn some of their super secret investigative techniques. You know like the ones where they file reports called FD-1023’s where they can’t even spell the names of the players correctly (including mine).
They also try to make an argument that criminals have a right to privacy- despite the fact that in Ohio, politicians aren’t allowed to meet in private to discuss public business.
The other argument I’m making, which I’ve been told doesn’t stand a chance in hell, is that the government’s refusal to compensate pro se filers for their time is a violation of the 14th Amendment’s equal protection clause. If I was a millionaire, and paid a lawyer to argue this case, the attorney can be reimbursed for all fees. Me, as a private citizen, despite spending countless hours toiling at the law, has absolutely zero reward other than the truth. Even whistleblowers can be compensated- yet, only if they work inside the beast. If you don’t think this is a whistle blower type case, remember, the FBI spent millions, for almost a decade- to come up empty handed.
Another part of my case is the racist nature of the Federal Court in the Southern District of Ohio. Not only are only Blacks charged in this investigation, but the jury pool post Covid has been questionable, with less than half the number of Black jurors being called- and none actually serving. This is another story for the Dayton Daily snooze to steal from my blog and not give credit, but I can’t play lawyer, and journalist and run a business all on my own. Trust me, the attached documents from the Brian Higgins appeal were very interesting to the appellate court last week. Higgins was a co-conspirator with Williams and Roshawn Winburn, who is the only one who went to trial. Higgins appeal was handled by the University of Michigan appellate legal clinic– because it had several significant questions of law at stake.
This case isn’t just about the tapes anymore, it’s about if we really do have the right to question, observe and double check what our government is doing. The use of the excuses the feds are using to not turn over these tapes, made of public officials, with public dollars, basically immolates the Freedom of Information Act.
Here’s the complete filing and the 3 attached documents, in case you want to read it. I promise, it doesn’t read like normal lawyer drivel.
The tales of woe started last weekend when yet another inmate died in custody. This one’s being attributed to a heart condition. That brings the total deaths this year to 6, or one per month.
Another inmate was beaten for around 20 minutes by two other inmates, who decided to finish off their handiwork with a golden shower for the victim (yes, they pissed on him). The victim is in critical condition, and the inmates, well, they’re still inmates. We’re waiting for the video and incident reports. The county is waiting for the lawsuit so they can pay another 6 figure settlement.
Sooner or later, the citizens will realize that the jail’s epic mismanagement is costing more in settlements than it costs to have a jail at all, and we’ll either finally change management, or start sending inmates to a privately run jail that’s sure to emerge just like charter schools have.
Lastly, a corrections officer deputy decided to have sexual relations on the clock with an inmate who was described as handicapped. He’s on unpaid leave. Both, thought the event was news worthy apparently, because they both videoed their performance. No, we probably won’t subject you to the video of this. We have the officers name, and it won’t be long before the county is paying out another large settlement for malfeasance and dereliction of duty.
In the mean time, to all my readers, stay out of jail in Montgomery County, and if you do get arrested, please post bail. The jail isn’t safe for anyone.
And please, someone run against Sheriff Rob Streck next time.
Community wide aggregation was supposed to help you get the lowest prices on your utility bill and is generally a great idea. Except, when the City of Dayton decides to be all high and mighty and pick a deal that includes a green power premium rate plan.
Not that I’m against clean energy, but, there are places and ways to encourage clean energy, and taking it out of Dayton Citizen’s pockets monthly isn’t the answer. Maybe if they’d required all the warehouses that they gave away valuable airport land to- include solar roofs, I’d be all in. But, the city didn’t- because there’s no vision in city hall.
What happened was you recently got a letter, mine was dated 5/25/23 that told me I had to choose my utility by 6/1/23 or I’d be locked in to the city deal. I got the letter on 6/2/23 and was able to make the choice and saved on my kwh rate for the next two years. How much you ask? The city deal was for two years from AEP Energy Inc and was at .0905 per Kilowatt Hour. I found a two year deal from Public Power for .0699k/Wh with no cancellation fee or other tie ins and made the switch. Now, this only refers to the cost of the electricity, not the distribution, billing and all the other stuff. And while the savings aren’t huge .0206 per k/Wh, it adds up.
At my house, the average historical use is about 1500k/Wh a month – which means about $371 a year in savings.
Take a few minutes and figure out what your savings could be and let the wonders of deregulation work in your favor. Note, if you select a plan with no costs and no termination fees- you could find a better price at times.
I just got off the phone with a friend who I consider a well educated, erudite, political observer who asked me for my take on Biden’s fall, and how I’d spin it.
The fact that this was a question shows how skewed the political landscape has become thanks to the social media algorithms dividing and polluting our nation.
In a week where a small minority of right wing, ignorant, political terrorists called the “Freedom Caucus” almost caused an economic implosion that would have made every other financial disaster look like comparing a firecracker to a nuclear bomb, people are concerned because the president tripped on stage at the Air Force Academy graduation.
I trip, although thanks to decades of hockey and a three week vacation at Ft. Benning where I was taught how to do a proper parachute landing fall, when I trip, it usually is done with grace.
But, the real question is, what kind of Americans have we become if we’re more worried about a seniors sense of balance, than our sense of dignity and righteousness? The mark of true Americans is that we’re the first to reach out a hand to those who’ve fallen. The first to ask if they are OK, and as a nation, American’s are those who used to claim that we were united, under god, indivisible with liberty and justice for all.
Now, that pledge rings hollow.
We are no longer focused on the giant achievement of passing a budget after surviving the world wide pandemic that threw every nation for a loop. We’re not proud that we’ve helped the Ukrainian’s stand up to Russia for over a year, despite being the underdog of underdogs. We’re not the nation we were before, where liberty and justice for all- at least tried to claim colorblindness.
We’ve become a nation of petty dilettantes, who deny science, still believe in fairy tales of this being a nation of great wealth and upward mobility, when all the numbers should be a wake up call for new measures in anti-trust, penalties for price gouging, and a total restructuring of our health care system, our penal system and our campaign finance laws.
Instead, we’re distracted by banning books, abortions, and drag queens as if those issues are somehow more important than can I afford my insulin, or why we’ve created an underclass of felons for which their is no light at the end of the tunnel.
There are insane folks who talk about “Make America Great Again” but can’t define what greatness entails. It’s as empty as the vessel from which it came- a mad man, who violated every standard of decency and brought disgrace to the highest office of this country. And yet, despite the preponderance of evidence slowly coming together to finally stop this despot from ever holding office again, they still believe that somehow, he’s a victim, not the perpetrator in, well, everything.
I have a dream, where American’s come together and decide that we are our brothers keepers, and a government for and by the people is actually a good thing, and can do amazing things if we stop listening to the noise of the loudest voices in the room.
A nation where school kids aren’t being taught to duck and cover, or run, hide and fight. A nation where corporate masters can’t get rich off the sweat of their employees backs, a nation where we practice proactive health care, and one where a prison sentence isn’t the final chapter of every prisoners life.
Where education is respected, science is believed, and news media isn’t striving for sensational, opting for true news.
Why do we have the leadership vacuum that gives us choices of only old white men and only two teams in the political league? Because we’ve come to believe that American’s are too stupid to manage ranked choice voting- or that there could be more than two options in any situation.
For now, we have dumb and dumber vying for the lead.
Hopefully, we wake up. And remember, it’s not how hard you fall, it’s how you pick yourself back up that counts.
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