The short version:
I’m waiting patiently for the courts to do their job. Mike Foley isn’t. He’s throwing a tantrum in the press.
Yesterday, the Montgomery County Clerk of Courts released an incoherent press release so full of projection it should come with its own therapist. It accused me of everything short of armed insurrection, and it did it the day before he goes before a judge asking for a restraining order. Subtle, right?
Here’s the truth: nothing has changed. The courts are still deciding whether a convicted felon can keep collecting a taxpayer-funded paycheck. I filed a quo warranto, the proper legal procedure back in July. Foley’s trying to turn it into theater. When you’re losing on the law, you go for the headlines.
Let’s be clear. I didn’t threaten anyone. I didn’t “plot murder.” I had a private conversation with a prosecutor, months ago, trying to get someone in power to enforce the law. If anything I said was wrong, that prosecutor could’ve acted then. They didn’t. You know why? Because there was nothing criminal about it.
Meanwhile, Foley is running around pretending he’s under siege, from zip ties and sarcasm. I guess he missed the part where federal agents use zip ties and masks every day while rounding up citizens in real life. But I’m the menace? Please.
This is what happens when a public official’s legal defense collapses. They smear the person who called them out. They cry victim. They hide behind headlines. It’s cowardly, it’s political, and it’s transparent.
Tomorrow, Foley will stand before a judge and beg for a restraining order to protect him from embarrassment. Maybe the judge will tell him to go pound salt. Maybe not. Either way, it won’t change the facts:
- He’s still illegally holding office.
- He’s still cashing checks from you.
- And he’s still terrified of accountability.
- I’ll have to hire an attorney to represent me in the hearing that happens even if the judge denies the request.
For those keeping score, this isn’t my first time being targeted for speaking truth to power. In 1993, Dayton’s then-Mayor Richard Clay Dixon physically assaulted me on Edgar Avenue. Mayor Mike Turner had me arrested for wearing a mask to protest illegal government meetings [1], that little stunt cost the city $100,000. Some people never learn: you can’t silence citizens by abusing the system.
Now Foley’s pulling the same playbook. He’s weaponizing the courts and the media against a citizen whistleblower. That’s the definition of a SLAPP move, a Strategic Lawsuit Against Public Participation. It’s meant to scare critics into silence.
Sorry, Mikey. You picked the wrong guy.
You can call me names. You can send out all the panic press releases you want. You can even play victim while you keep breaking the law. But in the end, the courts, not your intellectually stunted PR team, will decide whether you get to stay in office. And when the judges finally rule, I’ll still be here. Waiting. Watching. And reminding everyone how hard you fought not to be held accountable.
David Esrati
Citizen. Relator. Pain in the ass for people who think they’re above the law.
If you want to donate to my legal defense fund, here’s the donation page [2].
SONG: Trust me, you don’t understand by David Esrati, dedicated to Big Tony.
UPDATE
21 Oct 2025, Visiting Judge Judge Stephen A. Wolaver from Greene County, denied petitioner Michael Floey an EX PARTE ORDER for a Civil Stalking Protection Order at 1:46 PM today. There will be a standard hearing on Oct 27 2025 at 1:30 PM where David C Greer of Bieser Greer [3] will appear to represent me. I’ve also been informed that the Judge also denied Foley’s action against Tyler Starline.
Also today. the Court of Appeals granted Foley’s lame attorney, Jon Paul Rion, his wish of leaving the transcript of the call on the record despite it providing no information of legal consequence other than proof that I made multiple attempts to get Prosecutor Mat Heck to do his job.
The court of appeals is still delaying hearing the case.
Abuse of process counterclaim? This stamehts sounds defamatory and tortious.
Seems like Esrati has a strong abuse of process claim here.
Most dangerous? A legend in his own mind. No wonder you can’t get elected dog catcher.
Let’s be honest — the real person the public should consider a restraining order against is Mike Foley. The Montgomery County Clerk of Courts office under his leadership operates less like a public institution and more like an organized network of intimidation and favoritism. Instead of focusing on transparency and integrity, Foley has chosen to weaponize both the courts and the media to attack anyone who dares to question him.
David Esrati’s statement cuts through the noise because it exposes a pattern that too many public officials rely on — when they’re losing on the facts, they resort to smearing the people holding them accountable. Foley’s latest outburst isn’t about safety; it’s about damage control. It’s a distraction meant to shift attention away from his own questionable conduct and legal vulnerability.
The public deserves a Clerk of Courts who respects the law, not one who manipulates it. Foley’s behavior erodes public trust and undermines the very system he’s sworn to uphold. When an elected official uses taxpayer resources to protect themselves instead of serving the people, that’s not leadership — that’s corruption.
It’s time for the citizens of Montgomery County to demand real accountability. No more cover-ups. No more press theatrics. The courts will eventually do their job, but the public shouldn’t sit quietly while Foley hides behind his title. We have a right to expect honesty, professionalism, and ethical behavior from anyone drawing a
public paycheck — and Foley has failed to meet that standard.
David Estrati, keep doing what you’re doing! It’s unfortunate that there aren’t more people like you who are willing to reveal the facts and expose the truth. I’m sure this kind of deception and illegal activity is happening across many counties in Ohio.
It’s deeply disappointing when public officials, who have taken an oath to serve with honesty and transparency, fail to live up to those principles. In this case, there seems to be no honesty at all.
Good for you, David. Coincidentally, a Foley bag is part of a catheter. Pissing & moaning indeed.
Foley was denied his protection order today, see updates above. Also the court kept the filing on the record even though it has no legal bearing – other than proof that I attempted to get the prosecutors office to do their job.
Donald, don’t you know crime doesn’t pay? Here’s your good buddy, Gary, to fill you in.
https://dayton247now.com/news/local/former-dayton-mayor-gary-leitzell-speaks-out-after-joey-williams-indictment
Hang on his every word and try to remember. Sleep with your earbuds so it will be etched in your brain when you wakey-wakey.
David, I’m glad to see Republican Mike Foley’s political theater was judicially curtailed. It’s unfortunate your time and money are being wasted due to his ineptitude and desperation. We need to move justice forward…
Why oh why do voters put grifting criminals into public office? We all get hurt by them.
https://bsky.app/profile/forestdweller69.bsky.social/post/3m3pova4kfs2j
If citizens can jail Presidents Manuel Noriega (Panama), Jair Bolsonaro (Brazil), and Nicolas Sarkozy (France), it shouldn’t be too hard to frogmarch Republicans Mike Foley and Donald Trump into cells, right?
https://apnews.com/article/nicolas-sarkozy-prison-france-sante-president-paris-a4016cf6b409fd12c7986118709ddfba?utm_source=firefox-newtab-en-us
Looks like Esrati has one of the best attorney’s in Dayton helping him out here. Hopefully, this will be enough to get Foley to stop acting like a clown and resign.
My case and David’s cases are very similar. The Ohio Democratic Party did the same to me as Foley is doing to David. The attorney for the Ohio Dems tried to get a civil stalking order against me in court and it was denied too. Lawsuits were involved in both cases. Prosecuting one’s political opponents is now a thing.. for both sides/parties. I’m starting to think, despite David’s brave attempt, that not taking action against a political opponent, no matter how corrupt, might be the way to go. It’s too risky.
Herb, with all due respect, you were not a political enemy of the Ohio Democratic Party (ODP) and were not politically prosecuted by them.
If I read your case dockets/pleadings correctly, you were someone who used to do contractual work for the ODP, had a recent ODP employment offer rescinded, and you sued for that and/or age discrimination. You lost in all cases, at all court levels, and you remain unhappy about the outcome to this day.
As far as I know, David did not sue the ODP nor was he sued by them. The facts of his quo warranto case against Mike Foley are not similar to your ODP employment cases at all. The only similarity I can see is you were both pro bono plaintiffs.
Mike Foley’s latest moves are political theater. His resignation would be the best outcome for everyone.
Can the Republican Party even find a moral, ethical, law-abiding person to replace him from their party membership?
Rich pervert wealth is still being infused into Ohio Republican Party campaign coffers (OSU/Epstein-tainted Les Wexner). Say hi to Phil Plummer here (don’t forget Plummer endorsed “Captain Underwear” Rodney Creech to be on the Ohio Republican Party slate of candidates). Leadership smeadership…
https://bsky.app/profile/rooster.info/post/3m33l3nq2yk2z
I agree both political party members do bad things. We should all work to root the political crooks out, without fear or favor. Start with leader of the Republican Party Donald Trump and work your way down to Republican Miami Township Fiscal Officer Robert Matthews.
Crooked Republican politicians in office locally, in Ohio, across the USA, and in the White House, persist in exacting political retribution and revenge for perceived slights, much deserved criminal prosecutions that timed out, or actual rule of law indictments or convictions decided by juries of their peers, which still hold today.
https://www.youtube.com/watch?v=vcSHMkyM0aE
Legally prosecute their lying / unethical / criminal asses, and march them straight to jails / prisons to pay their debt to society. Their illicit gains should go straight into the local, state or country’s coffers – probably from where the money originated.
https://bsky.app/profile/rooster.info/post/3m3udbdajik2d
Here’s Loser LaRose (OH Secretary of State Frank LaRose) “cancelling” his support for Cincinnati mayoral candidate Cory Bowman (half brother to dim bulb Veep James David Bowman Hamel Vance). Cory Bowman apparently doesn’t live where he votes…
https://bsky.app/profile/rooster.info/post/3m3mrkvvub22u
Hot off the DDN digital press, a hearing video via a public records request. Thanks!
Be ye not afraid. Popcorn or hankies, your choice…
https://www.daytondailynews.com/local/video-clerk-of-courts-says-he-fears-for-his-life-familys-safety/FM4GGMXDEJDSLPCMVUYEESRYAE/
Melissa, You are quite inaccurate. I never worked for the Ohio Dems, the first time I filed an injunction to get a written job offer back and the judge delayed the case past the election in 2022, the same year the Ohio Dems starved David of funds and mailers when he ran for Congress and did not feel they could endorse David due to his “ Behavior” . Go back to 2022 on David’s blog and read about it. The Ohio Dems did to David in 2022, that they did to me and “ behavior” was a term the Ohio Dems like to use. I was told to go through the Ohio Civil Rights Commission to get a right to sue letter in 2024. The written job offer was from 2022 and was rescinded the next day. I went all the way to the pre trial before a democrat judge asked the Ohio Dems atty to remove himself from the case. The crooked judge granted a 1500 sanction against me because I asked for discovery, which to this day, I never got from them. Then I voluntarily dismissed the case under the threat of thousands of dollars of sanctions. Who keeps applicant records for 14 years? That policy adversely affected me, a person over age 40. So the Ohio Dems discriminated against 2 50 plus white males in 2022. Please read the case again or I can meet you offline to show you the facts. i picketed the Ohio Dems and was threatened with criminal charges. That’s a political prosecution and the guy who filed the charges was reported to the FBI by the City of Cleveland. There is more corruption in Cleveland than Dayton. Why would I ever be a democrat the way the party treated David and myself? They asked me to run for office as a Dem in the Dayton area last December by text. What arrogance! I don’t like discussing this case again, especially when David said keep to topic. We both faced Civil Stalking Orders and both were denied. Did I mention the City of… Read more »
Herb, I’m perfectly fine not talking about your legal problems. It’s good to know you never worked for ODP. I can see why.
Some people like to create their own political theater. It’s easy for them to step on stage and not be afraid. They already know the scenes since they come from their imagination.
https://www.daytondailynews.com/local/video-clerk-of-courts-says-he-fears-for-his-life-familys-safety/FM4GGMXDEJDSLPCMVUYEESRYAE/
Defintely have your attorney reference Ohio’s new anti-SLAPP statute in this CSPO defense. https://ohiocapitaljournal.com/2025/07/08/defamation-suit-offers-early-test-of-ohios-new-anti-slapp-statute/
@Donald Phillips. No one cares about your Gary Leitzell comments. No more.
Do it one more time- and I’m deleting all of them.