Dear Clackamas County District Attorney John Foote Et. Al.:

The president of the United States of America, Richard Nixon, his administration and Republicans throughout America considered United States Attorney General John Mitchell a "trusted and respected" member of America's justice system. On February 21, 1975, Mitchell was found guilty of conspiracy, obstruction of justice and perjury and sentenced to two and a half to eight years in prison for his role in the Watergate break-in and cover-up.

Countless "trusted and respected" Catholic priests and their superiors have been child molesters and pedophile protectors in Multnomah county, America, Ireland, Germany and in Catholic dioceses worldwide. The Pope himself is now identified as a participant in the decades long coverup and scandal of despicable perversions.

The fact that Mike Schrunk may send flowers to his mother on Mother's Day, is congenial with fellow DA's at state bar functions or has a high rate of success prosecuting criminals is totally irrelevant to the Multnomah County District Attorney's legally binding decisions regarding specific Oregon Public Records Law requests.

You and your colleague, Deschutes County DA Mike "remove me from your email list. This is a government computer" Dugan, have asked to be "removed from my list." Both of you are elected District Attorneys that can only be "removed" from the "list" of  elected public officials by the voters of your districts. Your emails violate the First Amendment rights of any American citizen to petition the government for redress of grievances. Part of my redress of grievances is to influence the proposed changes to the Oregon Public Records Law being developed by the Oregon Attorney General for submission to the 2011 legislative assembly. As part of that process I am contacting the most influential players, namely, Oregon's district attorneys and members of the legislature to make them aware of real world examples that can persuade them to adopt the necessary changes that I seek.

The First Amendment right of any American citizen to petition the government for redress of grievances applies to all forms of "petitions." Letters, packages, telegrams, emails, phone calls, marches and office visits all are methods of seeking redress of grievances. While it is not required to respond to any citizen's grievance communication nor read nor listen to any citizen's grievance petition it is NOT ALLOWED to PREEMPTIVELY deny a citizen's right to send a petition of any kind which seeks redress of grievances from government.

Every publicly elected official in the United States of America, and by extension their personal staffs as well as those appointed by them to boards and commissions, that is obliged to protect and defend the Constitution of the United States of America MUST allow American citizens to petition the government for redress of grievances in any form that a citizen chooses.

If there are any publicly elected officials that disagree with this statement please send me your argument and I will make it publicly available for all to see and debate.

There can be little if any value left to the Oregon Public Records Law if it allows a public entity such as the Housing Authority of Portland with an appointed board, an eighty million dollar annual budget and the power to enforce their own public policies upon 700,000 citizens to deny access to elected officials, candidates for public office, taxpayers and voters to its statistical data. 

Oregon District Attorneys work from the perspective and framework of prosecutors not judges. The Oregon Public Records Law is NOT uniformly implemented throughout Oregon. Three dozen district attorneys plus the Oregon Attorney General make individual, legally binding for a single county decisions that are unappealable except to an exorbitantly expensive and time consuming Circuit Court process which is way beyond the capacities of most citizens. This system does NOT work as the legislature intended with a citizen's right to access public documents the preeminent default condition.

Assigning the task of enforcing the Oregon Public Records Law to District Attorneys makes them judge, jury and appeals court all in one. Adjudicating the Oregon Public Records Law without the potential "penalty" of being reversed by an appeal to a higher authority causes "blind" justice to "see" as well as county personalities and politics to "obscure" impartial decision making.

Richard Ellmyer

United States Citizen entitled to the protection of the Constitution of the United States of America

Candidate for the North Portland House seat in the May 18, 2010 Democratic primary.

On Mar 29, 2010, at 9:47 AM, Foote, John wrote:

Dear Mr. Ellmyer,

Please remove me from your mailing list.

John Foote

Clackamas County District Attorney

P.S. Just in case no one has told you this before, there isn’t a more respected or trusted District Attorney in the State of Oregon than Michael D. Schrunk.


On Mar 19, 2010, at 2:11 PM, Mike Dugan wrote:

remove me from your email list.  This is a government computer