Thursday, July 11, 2013

NM FOG VP in emailgate of his own

Defendant Marty Esquivel is the new Vice President of the New Mexico Foundation for Open Government.

He is also a politician and public servant; he is the President of the Albuquerque Public Schools Board of Education.

He does the business of a school board member by means of emails.  Because it is public business, public records are created.  The emails are public records.

It appears that Esquivel used one or more personal email accounts to do public business.  It's "legal".

When we asked Defendant Esquivel et al, to disclose all the email addresses they used to talk about me and the banning letter, the defendants refused to produce them.  They claimed it would serve no useful purpose.  It's "legal".

When asked to produce all the emails about me and the banning letter that Defendant Esquivel created and received, he refuses.  He responds, through his lawyer,

"... Defendant Esquivel will not produce the documents listed because they are protected from disclosure by the attorney-client privilege and attorney work product doctrine.
The attorney-client privilege belongs to the client.  Defendant Esquivel is exercising it because he wants to, not because he has to.  It's "legal".

It's fair to ask, why?

Why does he need to hide the emails except to avoid the consequences of their disclosure?

Defendant Esquivel as a person, has the right to take advantage of every loophole, technicality and weaselry the law will allow.

The Vice President of an organization dedicated to open government does not.

The senior most role model in the entire APS, of student standards of conduct requiring "more than the law requires, and less than the law allows" does not.

photo Mark Bralley

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