A Washington aide was going to work one morning, when he pulled up to an intersection he saw a small boy pulling a wagon full of young puppies with a for sale sign. The man rolled down his window and asked the boy what kind of puppies they were. The boy answered "republicans". The man laughed and drove on to work. On his way home that afternoon, he saw the same boy with just a few puppies left. He slowed down and again asked the boy what kind of puppies he had for sale. The boy said "Democrats." This morning you said they were Republicans?
The boy answered, "This morning their eyes were still closed."
My eyes have been opened!!

YES, I'M BACK.....

I ran for the County Council in Greenville, S.C. on• two political platform planks, 1) to clean up the corruption for which Greenville County is known, and 2) .to force the county government to recognize and celebrate the Martin Luther King national holiday. I was elected to the Greenville City Council in 2004 (District 18).
After successfully bringing the MLK holiday to the floor and being the deciding vote in 2005, I turned to the corruption issue. Once it became known that I was serious about attacking this issue, information and evidence began coming forth faster than we could absorb and investigate it.
I turned to the Greenville County Sheriff, without success, then to Bob Ariail, the Solicitor, the South Carolina Law En¬forcement Division (SLED), South Carolina Attorney General, Henry McMasters, and eventually, the .FBI, to act on the uncovered proof of government corruption.• Not one of these agencies, throughout the• years of 2006 and 2007 was willing to pursue the wrong-doers in the South Carolina "good ole boy" network, with whom they associated and were apparently a part.
Our investigation uncovered and documented the theft of $50,000 by the solicitor himself, and I have SLED agent Donahue and his partner on videotape, refusing to pursue the matter. The corruption was documented, is and has been available now for years, yet no agency of local or even federal government was willing to take on the Republican stronghold and the cabal that controlled it.
After exhausting all other avenues, I went before the Greenville County Grand Jury in the fall of 2007 to put the documented criminal activity before them myself, and testify to what we had found to be plaguing Greenville County.
Overwhelmed by the evidence, the grand jury chose to review one criminal activity at a time, and voted unanimously to begin by investigating the Road Program.
The grand jury officially requested the assistance of the judge (John Few) and the’ Solicitor (Bob ARIAIL) in their investi¬gation, but all requests were denied, in spite of the $800,000 fund in the Clerk of Court's office for such matters. Judge Few refused to hire accountants or investigators to assist the grand jury. Left with no other option, but still intent on doing their duty without the court and government's assistance, the grand jury appointed a 7 member group of volunteers from within the grand jury itself, who became the investigative unit.
On April 18th, 2007, grand jury member, David Smith, filed a complaint with the South Carolina Supreme Court against Solici¬tor Bob Ariail, for illegally withholding evidence and unlawfully attempting to coerce grand jury members in government's favor. County government launched a publicity campaign to discredit the grand jury's investigation and ostracize me, the messenger.
In October of 2007, the grand jury foreman, Ricardo Studart, requested SLED to check the grand jury room for listening devices as the campaign against them knew what was being discussed at every turn. Judge Few immediately removed Mr. Studart from the grand jury and threatened him with incarceration if he talked to anyone else. Judge Few then appointed David Smith as foreman of the grand jury, and then postponed its reconvening to effectively shut down their investigation of corruption. Foreman David Smith, then went on WYFF Channel 4 News, to be interviewed, he went to the Clerk of Court's office to have the grand jury reconvened but Judge Few and Solicitor Ariail successfully ¬stopped the probes cold and ended the investigation by attacking both myself and Foreman Smith, raiding our homes, seizing our computer equipment, and sponsoring a campaign which ultimately led to my arrest and conviction rather than that of the corrupt government officials we had exposed, Foreman Smith was threatened by the government officials. who told him that he could be kept in jail for up to one year without filing any charges against him, and would do so if he didn't "play ball". (Recorded, documented, and Tran scripted)
When we released this information and made it public, I was charged and convicted, and served a sentence of a year and a day in federal prison in Beaver, WV, for allegedly interfering with county computers and monitoring activities under our purview as members of the county council. No investigation of the criminal activity uncovered by the councilor grand jury has been allowed, and those who commit¬ted these acts have been protected by court and solicitor, who appear to have a personal interest in keeping it that way.
I have further been charged for interfering with the grand jury at state level, for bringing this corruption to their attention. The state is holding these charges, awaiting my release from my federal• sentence, to extend my punishment for exposing these matters, rather than trying them as required by the Sixth Amendment and Speedy Trial Act of 1974 (18 D.S.C. §3161, et seq), which demanded I be adjudicated within 70 days, which could have been done prior to incarceration.
The corruption continues unabated in Greenville County, South Carolina, and the chilling effect of my conviction as the whistleblower, and government's refusal to investigate the crim¬inal activity, insures that it will continue.
All during my trial I was under a “GAG ORDER” not to discuss the below facts:

Since my incarceration, I have file a Federal Lawsuit against Bob Ariail, Henry McMasters and 3 others. Thus I was able to shine a light on the corruption and the facts are now undisputed records in Federal Court. (CASE NO. 3:10-cv-1297)

OBJECTIONS TO MAGISTRATE'S REPORT AND RECOMMENDATION

Magistrate has incorrectly recommended dismissal on grounds which are a) factually incorrect, and b) do not comport to valid case law and the United States Constitution.
BACKGROUND

1. Plaintiff, Harold A. Trout, is a highly-decorated law enforcement officer who also spent many years serving the State of South Carolina as a certified instructor at its Police Academy. 2. In 2005, Plaintiff Trout continued his endeavors to fight crime and corruption in Greenville County, SC by running for and being elected to the County Council on the platform of "shining the light on the rampant corruption in local politics."
3. True to that pledge, Plaintiff Trout exposed:
a. County Council members adding bonuses for their relatives of $20,000 or more in the budget
b. Crony hiring by Council Chairman, Butch Kirven, of a former army buddy as a "lobbyist" in Washington, DC, though he had no experience and the county had no need of such services
c. Embezzlement by County Council Clerk, Theresa Kizer. (Defendants Henry McMasters and Bob Ariail refused to prosecute, calling it a "person¬al matter")
d. $1.6 million in funds missing from the Greenville County Detention Center
e. Untrained and inadequately equipped personnel, resulting in a 20 minute beating of a female guard (caught on tape). As Public Safety Com¬mittee Chairman, Trout demanded an investigation and prosecution of the assailant, but Solicitor/Defendant Ariail refused to charge him, and recommended an investigation of Plaintiff Trout instead, for exposing it.
f. Extortion by Detention Center officials against County employees, sup¬ported by Complaints from victims, cashed checks, receipts and County documentation. Defendants Ariail and McMasters, again, refused to inves¬tigate or prosecute, calling it "a personal matter."
g. Fraud in Greenville County Roads Program and corruption involving county officials and paving vendors. Exposed payments for unpaved roads and paving of dead-end, unoccupied roads, but owned by wife of local judge.
h. $50,000 embezzlement by Defendant Ariail to pay for a state lobbyist to seek an increase in his personal pay as solicitor. Defendant McMas¬ters refused to pursue and referred to a peer group ethics committee instead.
i. Plaintiff Trout was asked by the Greenville County grand jury to offi¬cially present his findings and documentation regarding corruption of local and state officials, which he did. Greenville County's grand jury returned a unanimous decision on charges, which were relayed to Defen¬dants Paul Wickensimer, Bob Ariail, and Judge Few, all of whom refused to follow the grand jury's orders. 2
j. Plaintiff Trout found proof that grand jury confidentiality had been breached on County Administrator Joe Kernell's county office computer and brought this to the attention of Defendants Ariail, McMasters and Wickensimer, as well as Kernell's solicitation of sex on the county's computer and time .
k. Grand jury was prematurely dismissed by defendants, outside of law, on information and belief, to avoid public exposure. They then commenced an investigation and prosecution of the Whistleblower, Plaintiff and Councilman, Harold A. Trout, while giving County Administrator Kernell a verbal warning ... and a raise.
4. Plaintiff has currently completed a one year and a day sentence for his efforts to expose defendants' and other corruption by officials in Greenville County. He was concurrently indicted, on information and belief, at the prompting of Defendants. with a state charge alleging he had attempted to influence the grand jury which had summoned him to assist in its investigation of that same corruption. which involved the Defendants.
5. This is the duplicitous and Damoclean charge which Defendants have attempted to hold over Plaintiff's head for over one year now and of which they have refused to allow his Motion for Dismissal to be filed, outside of law and Constitution.
Yes, I am Back.
Tony Trout
TONYTROUT1@AOL.COM