Sebastian County Sheriff Frank Atkinson & the Constitution                         10/17/09

Times Record edition Sat. Oct. 17, 2009:  Chief Deputy Tom Young speaking for Sheriff Atkinson is quoted as saying, “Law enforcement officers shall always remember that he/she has sworn to uphold the law, abide by the law and protection the rights of all people as afforded by the Constitution of the United States of America and the Constitution of the state of Arkansas.” 

Is that a fact?

A Freedom of Information request was filed Oct. 17, 2007 regarding O.K. Foods, Inc. “picnic” at Ben Geren Park, Fort Smith, Arkansas, where an estimated 3,500-4,000 Hispanics, mostly illegal aliens, were in attendance.

The FOI asked for the following:

1.      Correspondence between Sheriff Atkinson & O.K. Foods, Inc. or Russ Bragg, or Collier Wenderoth.

2.      Any orders or directives to Sheriff’s personnel with references to providing officers at the picnic Sept. 29, 2007

3.      Copies of documents showing financial arrangements or costs for providing officers at the picnic

4.      Copies of any correspondence between the Sheriff’s office and the Sebastian County Judge’s office.

5.      There were other questions asked and can be seen at www.arkansasfreedom.com

The Sheriff’s office responded in 1 ½ sentences. “No records exist as requested in items 1-5 in your letter.” “If I can be of any service to your (sic), please contact me”.  Signed “Respectively, Tom Young, Chief Deputy”.   How do they know who to pay or how much if they don’t keep records, much less where and for what purpose their vehicles were used? His answer can only be construed as a cover-up. I would point out to Young, regarding his response, that mine was not a letter but a Freedom of Information request. 

It turns out that the county sheriff’s office from on-sight observances at the picnic had numerous and various types of county vehicles and onsite personnel.   Deputies were commandeering most of the park for the 3 day event.  Officers were performing traffic control on the highway leading into the park. It remains unknown who cleaned up the park and who paid for it.  Additionally, there were a number of public school buses providing unknown services.

O.K. Foods, it was discovered, paid the miserly sum of $1,000 for the 3 day event at Ben Geren Park.  A call to the Sebastian County Judge regarding these illegal activities between the Sheriff’s office and O.K. Foods produced no information.  The Judge said he was not aware of the event, but this was not a onetime event as it turns out. This is a case for malfeasance & misfeasance—the illegal exaction of taxpayer dollars, utilizing taxpayer vehicles, taxpayer personnel, taxpayer facilities and commandeering a public use facility for the purpose of 2 criminal operations—O.K. Foods’ hiring of illegals, the county Sheriff’s office protecting the illegals, and of course the criminal illegals themselves.

Back to Atkinson, sworn oaths to the Constitution, and the rule of law.

The authority for Sheriffs and other local law enforcement officers to detain and charge illegal aliens and those who facilitate their continuing presence in the United States is contained in existing law and constitutional authority.  It does not appear to depend on Executive order or orders of the Chief of Homeland Security.

THE LAW:

Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

(Everything we need to secure our borders & sovereignty is contained in the rest of 8 USC)

The Sheriff has ALL the authority he needs for sweeps, arrests and actions in pursuit thereof.  America is the object of invasion with an incremental agenda

………………………………..THE CONSTITUTION:

"Repel Invasions" Article I Section 8.15

"Protect from Invasion" Article IV Section 4

Kindest regards,

Joe & Barbara McCutchen

Fort Smith

CC: Citizens

P.S.  So why hasn’t Sheriff Atkinson enforced the laws he swore to uphold???