(EDITOR'S NOTE: THE DEC. 10, 2007, FEDERAL FREEDOM OF INFORMATION ACT REQUEST THAT I WROTE AND SUBMITTED TO MY DULY ELECTED CONGRESSMAN AT THAT TIME, U.S. REPRESENTATIVE MICHAEL MCCAUL, SPECIFICALLY STATED IN WRITING THAT THE SCOPE OF MY PUBLIC-INFORMATION REQUEST INCLUDED: "a January 24, 2007-dated official reply letter to yourself (Congressman McCaul), with 'Attn: Kris Parker' having been added just before the actual text of that letter-----a letter that referred to myself, John K. McMillan of Austin, and that was written and signed by Mr. Michael A. Battle, Director of the Executive Office for United States Attorneys of the United States Department of Justice in Washington, D.C.)
----- Forwarded Message -----
To: Congressman Michael McCaul, United States House of Representatives, United States Congress, Washingon, D.C.
December 25, 2007
Dear Congressman McCaul,
Thank you for your December 21, 2007-dated and signed reply letter to my recent Federal Freedom of Information Act request----a reply letter on your behalf, addressed to myself at my cited residential address in Austin, that was signed by Kris Parker, Constituent Services Coordinator for yourself, who is based in Austin, Texas.
Your December 21-dated reply letter to myself states, and I quote verbatim from the second paragraph and third paragraph your three-paragraph reply letter: "The Freedom of Information Act applies only to agencies of the United States as defined therein. The Act specifically excludes Congress from its definition of an agency. See 5 U.S.C. 551a(1), 552(f). This exclusion is grounded in separation of powers concerns as well as Congress' constitutional immunities from outside questioning and interference. Accordingly, the Congressman is not subject to the Act and must decline to produce the information you requested.
"Thank you for your attention.
"Sincerely,
"Kris Parker "Constituent Services Coordinator."
Congressman McCaul, I would like to respectfully pose two hopefully-polite follow-up questions to yourself:
(1) During your entire multi-term tenure in the United States Congress, have you ever at any time provided ANY other constituent of yours anywhere in Texas with any photocopies of any documents fitting the description that that particular constituent provided you through a Federal Freedom of Information Act-authorized request he or she had initiated?
(2) Are you aware that Congressman Lloyd Doggett of the Austin area and United States Senator Edward Kennedy of Massachusetts have each sent me respective reply letters in recent years in response to separate Federal Freedom of Information requests of mine, and that each of those respective members of Congress stated to me in their reply letter to myself that they have no documents responsive to my Federal Freedom of Information request, and that neither of those two respective members of the U.S. Congress cited any exemption from the law on their part in their response to my public-information request.
Thank you again for your December 21, 2007-dated and signed reply letter, which I received from the U.S. Postal Service at my residential mailbox in northwest Austin on Christmas Eve, December 24.
I hope that your Holiday Season and New Year prove to be joyous and creatively fulfilling for yourself and all of your law-abiding constituents.
Sincerely and Best Wishes,
John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net
cc: "Dallas Morning News" Austin Bureau Reporters Terry Stutz and Christy Hoppe, and Editor Bob Mong.
Texas Attorney General Gregory Abbott, in the hope that some official in his Open Records Division will be interested in this matter.
Texas Secretary of State's Office General Counsel Dyer, Secretary of State's Office, Austin.
State Comptroller Susan Combs, Office of the State Comptroller of Texas state agency, Austin.
Republican National Committee Officials, Washington, D.C.
Republican National Committee State Executive Committee Members in the Austin area.
Austin City Attorney David Smith, City Attorney's Office, Austin.
Travis County District Attorney Ronald Earle, DA's Office, Austin.
Ms. Norma Hilbig, Strategic Prosecution Division, DA's Office, Austin.
United States Congressman Lloyd Doggett, United States Congress, Washington, D.C.
State Senator Jeff Wentworth of San Antonio, Senate Committee on Jurisprudence, Texas Legislature.
State Bar of Texas Executive Director John Edwards, State Bar of Texas state agency, Austin.
Travis County County Attorney David Escamilla, County Attorney's Office, Austin.
Travis County Judge Sam Biscoe, County Judge's Office, Austin.
Travis County Commissioner Sarah Eckhardt, County Commissioner's Office, Austin.
Editors at "Commentary" magazine, a thoughtful and idealistic monthly magazine to which I have recently paid for an annual subscription, it being my hope that the cited "exempt from the law" doctrine for members of the U.S. Congress that Congressman McCaul is claiming to have would be of interest to the editors of that very influential publication.
Editors at "Christian Science Monitor," another publication to which I have a current subscription.
State Senator Kirk Watson, Texas Senate, Texas Legislature, Austin.
State Rep. Donna Howard, Texas House of Representatives, Texas Legislature, Austin.
Texas Governor Rick Perry, Office of the Governor, State of Texas, Austin.
Various Cited federal agencies as well, in the hope that they will refer this legal correspondence to the U..S. Department of Justice and any applicable congressional oversight committees for review of this matter.
Note: forwarded message attached.
John Kevin McMillan
----- Forwarded Message -----
Congressman McCaul,
Please confirm for me via an E-mail reply letter that you have received the following (attached ) Federal Freedom of Information request from myself.
Sincerely and Best Wishes,
John Kevin McMillan of Austin.
cc: United States Department of Health and Human Services Officials in Washington, D.C.
United States Department of Education Officials in Washington, D.C.
Securities and Exchange Commission officials, New York City, New York.
Note: forwarded message attached.
John Kevin McMillan
---
To: United States Representative Michael McCaul,
The United States House of Representatives,
The United States Congress,
Washington, D.C. 20515-4310
Office phone in D.C.: (202) 225-2401
Austin office: (512) 473-2357
December 10, 2007
Dear Congressman McCaul,
This is a Federal Freedom of Information Act request in which I seek to obtain from yourself a photocopy of any and all letters, reports, notes, E-mail communications, memoranda, pieces of legislation you sponsored or contemplated sponsoring, computer records, published documents, handwritten messages, or any other items that, in each such case, refers at least once to myself, John Kevin McMillan, in any manner or any way, and/or refers at least once to my Progressive Prohibitionist Religion or Progressive (Prohibitionist) Religion, in any manner or any way, and that, in each such case, has been received or stored or generated or authored or written or noted or compiled or published or printed or word-processed at any time since January 1, 2005, by any staff member or official --- including yourself, Congressman McCaul ---- who is or was situated at or employed at any of your various congressional offices, including your office in Washington, D.C., your office in Austin, your office in Houston, your office in Tomball, Texas, and your office in Brenham, Texas.
Included in the scope of this Freedom of Information request are the June 18, 2007-dated official reply letter to myself, John K. McMillan of Austin, that was signed by "Kris Parker, Casework Manager" for yourself; a January 24, 2007-dated official reply letter to yourself, with "Attn: Kris Parker" having been added just before the actual text of that letter-----a letter that referred to myself, John K. McMillan of Austin, and that was written and signed by Mr. Michael A. Battle, Director of the Executive Office for United States Attorneys of the United States Department of Justice in Washington, D.C.; a January 31, 2007-dated and signed official reply letter to myself that was written and signed by yourself, Congressman Michael McCaul; a January 8, 2007-dated and signed official reply letter to myself that was written and signed by yourself, Congressman McCaul; a November 29, 2006-dated and signed official reply letter from yourself that also contains your signature; and the November 27, 2006-dated reply E-mail letter to myself on your behalf that cited a district intern of yours named "Jennifer Johnson" as the apparent author or co-author of that reply E-mail letter to myself, John Kevin McMillan of Austin.
SPECIFICALLY EXCLUDED from the scope of this public-information request are any and all items that were written by myself, John Kevin McMillan, or that were initially provided to you by myself, John Kevin McMillan.
My legal name is John Kevin McMillan, and I am a law-abiding and gainfully employed single adult male constituent of yours. I have never been married at any time in my entire life thus far.
Also, I have resided alone for the vast majority of my adult life thus far. In fact, I have never myself lived in the same residence with another person for more than nine consecutive months at any time during my entire adulthood thus far.
My social security number is .... I was born on April 27, 1957, at Lincoln, Nebraska. I have resided at 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759, ever since early 2002. My residential phone number throughout the entire period since early 2002 has always been: (512) 342-2295. My E-mail addresses in the period since January 1, 2004, have been: jkmcmil@texas.net and, more recently, mcmillanj@att.net . The only E-mail address for myself that I use at present is mcmillanj@att.net.
Among the insights and findings that I hope to glean through this Freedom of Information Act request are:
---Does Congressman McCaul have any evidence indicating any intrusive or manipulative involvement in my own life or life circumstances by any media company, civic group, religious group, educational institution, government agency, business entity, or any other entity of any type?
----Does Congressman McCaul have any evidence indicating that I myself have been subjected to any anonymous communications, any fraudulent communications, or any obscene verbalized communications in any context impinging on my own privacy rights?
----Has Congressman McCaul had any communications with the Travis County District Attorney's Office in Austin, Texas, in regard to the "John McMillan" criminal-law file that was officially established by paralegal Norma Hilbig of that DA's Office's Strategic Prosecution Division in January of 2006, with Ms. Hilbig emphasizing to myself over the telephone in 2006 that that very same criminal-law file would be used for my own benefit, and would be consulted by Travis County District Attorney Ronald Earle in Austin in the event that any person ever at any future time allegedly commits a felony crime in any context victimizing myself, John Kevin McMillan of Austin.
----Does Congressman McCaul concur with the emphatically stated view of a State Bar of Texas member, University of Texas at Austin Law School Alumnus John F. Campbell of Campbell & Morgan Law Firm, who stated to me one day in the late 1990s during an in-person consultation I had with Mr. Campbell inside his downtown Austin law firm during a period in which his legal services were paid in part by the Westlake Hills-based Texas Legal Protection Plan legal-aid service in which I have been a dues-paying member ever since 1997, that "if there is indeed an ongoing verbal harassment of yourself (John K. McMillan of Austin) somehow occurring in Austin these days, such as might occur from the use of sophisticated electronic or media technology, that would comprise adequate proof for myself, attorney John F. Campbell, that someone is trying to kill (sic) you (sic), John (sic)!" (approximate quote), attorney John F. Campbell suddenly declared to myself with emphasis as he sat across from me at a conference table during a two-person meeting we had that day inside his law firm office.
----Does Congressman McCaul agree with my own emphatic view, and with the view as well of an ear nose and throat specialist in northwest Austin, Dr. David Tobey, whom I consulted a few years ago about the matter, that persistent and year-round noise pollution in Austin, Texas, ever since I moved back to Austin in mid-March of 1997, most recently, has been significantly injurious to my own medical health, including to my own hearing capacity, in particular.
---Does Congressman McCaul have any reason to believe that any government-owned institution or any government agency at any level of government, possibly including at the federal level, may possibly have wronged myself, John K. McMillan, in any noteworthy manner at any time?
---Does Congressman McCaul have any evidence indicating that any private-sector institution, such as non-profit religious group or some other non-profit organization, may have allegedly abrogated the authority of one or more law-enforcement agencies by subjecting myself, John Kevin McMillan, to circumstances and "living conditions" that allegedly comprised a defacto form of incarceration or a defacto form of punishment or a defacto form of litigation against myself, or a defacto form of criminal-prosecution of myself, each without any formal allegation against myself at any time.
----Does Congressman McCaul have any evidence indicating that my due-process Constitutional rights, my freedom of speech legal rights, my freedom of association legal rights, my freedom of religion legal rights, or my freedom of assembly legal rights, among other legal or Constitutional rights of mine, were violated in any way by any entity or business enterprise?
---Does Congressman McCaul concur with my own emphatic view and legal position that partly because I am myself morally and aesthetically straight and observably masculine and facially cleanshaven and clean-talking and tattoo-less and jewelry-less and platonically polite and politely aggressive and civil and law-abiding, all without any prior addiction on my part to any illicit drug or alcohol or tobacco product, I have a legal right to pursue a life in which I exhibit a lawful form of heterophilia in regard to which adult men, in particular, I am most likely to myself be politely inclusive toward and friendly and generous toward in my own overall life and career.
---Does Congressman McCaul have any evidence indicating that any gay media company or any gay group or any gay militants, or any gay- or lesbian- or transsexual-dominated terrorist organization of any type, has allegedly stalked or verbally harassed or allegedly tortured or otherwise wronged myself, John Kevin McMillan, in any way?
----Does Congressman McCaul have any evidence indicating that any government-owned institution or any private-sector employer or corporation, or any individual, has failed in any way to fully acknowledge that I myself, John Kevin McMillan, am consistently law-abiding; honest; honorable; friendly and cheerful and naturally generous toward a wide range of people; conscientious; talented; intelligent; intellectually motivated, psychologically healthy; medically healthy; and athletically talented.
Thank you in advance, Congressman McCaul, for your prompt and very helpful reply letter in response to this Freedom of Information request from myself.
Sincerely and Best Wishes,
John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Phone: (512) 342-2295.
E-mail: mcmillanj@att.net
cc: State Bar of Texas Executive Director John Edwards, as a courtesy to that state agency in Austin since one of its very distinguished attorney members, University of Texas at Austin Law School Alumnus John F. Campbell of the Austin area, is quoted by myself in this legal letter from myself.
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