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Which came first: the chicken or the Zullo?

FLASH: Zullo deposition delayed until October 23. Subpoena response due October 16.

The deposition of Mike Zullo is scheduled to be taken tomorrow in the case of Melendres v. Arpaio. The deposition isn’t a matter of public record, so we won’t know what he said until one of the parties enters it into the record. In addition, Zullo was subpoenaed to deliver documents and emails regarding MCSO investigations of judges, elected officials, and their families starting September 1, 2013. That documentation was to be delivered yesterday, October 5.1

There are many unanswered questions about the Cold Case Posse investigation into Barack Obama’s birth certificate, and in the absence of hard facts, we are left with the unsatisfying option of speculation. Because the Melendres case is not about Obama’s birth certificate, we can expect only limited light to be shed by the testimony of Cold Case Posse commander Mike Zullo.

The key question for the current round of hearings in Melendres is whether Sheriff Joe Arpaio intentionally disobeyed a court order, and is in criminal contempt of court. The “Seattle Operation,” which involved the reputed con man Dennis Montgomery, is one aspect of Sheriff Arpaio’s behavior of interest to the Court. Mike Zullo was present in meetings between Arpaio and Montgomery’s business associate Tim Blixseth. Zullo also was present in Seattle while Montgomery was on the Sheriff’s Office’s confidential informant payroll, and sent various emails regarding Montgomery’s non-delivery of information, or delivery of useless information. One question that I hope will get answered when Zullo is deposed, and later testifies, is whether the Montgomery affair started with the birth certificate investigation and expanded into a conspiracy theory involving alleged CIA hacking of bank accounts and later one about Judge Snow and the Department of Justice, or whether the birth certificate investigation sprang from the others. Here are bits from the time line2 (and if readers would like to submit additions, please comment):

  • September 1, 2013 – Starting point of Zullo subpoena
  • September 13, 2013 – Zullo interview by Carl Gallups: Gallups says, “the birth certificate thing – which is huge – is kind of the tip of the iceberg. Apparently, this thing gets really dark and really deep… Zullo says: “And I think … a lot of this focus on the certificate is being done for the purpose of using this as a focal point to keep attention drawn to that certificate so everything else could just go by.”
  • October, 2013 – Arpaio, Zullo, Mackiewicz and Blixseth met
  • October, 2013 – “My sources — one of whom is a former detective with the MCSO’s Special Investigations Division and is well-acquainted with SID and those in it — say Anglin and Mackiewicz were involved in an odd investigation dating back to October 2013.” Stephen Lemons, Phoenix New Times
  • November 8, 2013 – Carl Gallups cites Zullo and hints about a new “deep dark turn” in the investigation. Sharon Rondeau cites Gallups: “Zullo announced that he has discovered, with paper documentation, ‘universe-shattering new information’ in the investigation. Gallups stated that ‘mountains of evidence’ have been found which have changed the direction of the probe.”
  • November 22, 2013 – Gallups Tweets using the infamous words “universe shattering.”
  • End of November, 2013 – Sheriff’s Office starts paying Dennis Montgomery
  • June 20, 2014: Dennis Montgomery (under the pseudonym David Webb) wrote to Zullo: “ANGLIN told me to stop work on the BC day one, He told me never to trust Mike Zullo. I was told directly by Anglin not to pass information to Mike Zullo. I was not allowed to discuss with Mike zullo what I am being told to do or not to do.”
  • November 2014 – Former NSA analysts hired by Arpaio report (according to Phoenix New Times) “We have found that [Montgomery] is a complete and total fraud.”
  • April 9, 2015 – Email from Mike Zullo to Dennis Montgomery and Larry Klayman (cc: Brian Mackiewicz): “ On my end of this you were compensated $10,000 from a charitable organization  for a service and software that I have yet to receive in any worthwhile or usable  configuration. I will not allow this organization to be victimized. This matter is going to  have to be resolved very soon. “
  • April 16, 2015 – Email from Mike Zullo to Dennis Montgomery, Larry Klayman (representing Montgomery) and Brian Mackiewicz: “Per our phone conversation , I need to know Dennis’s intentions on moving forward on a  timely basis and honor his agreement with us and set a hard date to complete the paid  work on the BC as he agreed to perform. This work has nothing to do with the other  issues he is dealing with and as of last month he was one week away from completion.  That week as others came and went. Open ended e mails of promises of continued efforts  simple are no longer reliable given the history. Please let me know of his intentions to  provide a completion date in the very near future.”
  • April 20, 2015 – Email from Zullo to Klayman: “This is now my second request asking for a date set for the completion of the work Dennis  Montgomery has been promising for over 16 months.. Mr. Montgomery’s behavior and  lack of performance flies in the face of his numerous promises pledging to complete the  work.. This is especially concerning given the face that Mr. Montgomery needs validation  like a drowning man needs oxygen. His behavior simply erodes whatever thread of  credibility he may have left. In fact as of this date, our experience dealing with Mr.  Montgomery mirrors what has been written about him.. It is apparent to us that this is just  a game of running the clock in the hope Montgomery can position himself as a “Whistle  Blower” with some jurisdiction and with your help get out from under his obligation to  the us. In our opinion Montgomery does not qualify under Federal Whistle Blower  protections. A risky game….”

I find the most interesting bit from the email exchanges is what Montgomery wrote: “ANGLIN told me to stop work on the BC day one” that implies that Montgomery was previously working on the birth certificate on “day one” (whatever that is). If “day one” refers to when Montgomery went onto the MCSO CI payroll, then Montgomery was working for Zullo directly prior to November of 2013. The Phoenix New Times suggests that Anglin and Mackiewicz were involved in the investigation in October. This is partly in line with what Lawrence Sellin told Peter Boyles on September 12, 2014:

Let me preface that by saying  Mike Zullo is in charge of the Cold Case Posse investigation into Barack Obama’s, in particular the birth certificate, the things around the birth certificate, and it’s basically a one man operation. Now I talked to Zullo a few weeks ago on the telephone and he indicated that Arpaio was gonna shut down the investigation last Autumn, but this whistleblower walked into Arpaio’s office basically and had information about how the — now this is what I was told; I’m not part of the investigation (unintelligible). What I’ve learned is that this whistleblower had information about, you know, how the birth certificate was produced, who might have done it, where it was done, and even pointed the finger towards CIA director John Brennan. … I think  Brennan is a bad guy, and I wouldn’t be surprised if he’s involved in this, all the shenanigans around birth certificate.

That unconfirmed comment puts the birth certification first as well. If Montgomery were working on the birth certificate investigation before the “Seattle Operation” started, then there should be some emails subject to subpoena between Zullo and Montgomery in the period September 1, 2013 and the October meeting with Blixseth.

1I wanted to verify that the subpoena was still in force (as there was a motion to quash). The docket contains an entry titled “Order on Motion to Quash” and its description states that the motion was denied in part and granted in part; however, the full entry doesn’t say which parts were denied and which granted. I also found that a subpoena had been served commanding deposition and trial testimony by Brian Mackiewicz yesterday.

2Thanks to Tes at WYE for some of the time line information.


Obama charged in federal court with treason

H/t to the OC Weekly newspaper for this jewel of a nonsensical Internet rumor. They’ve been a special source of birther news because they cover the area where Orly Taitz, dentist, attorney, and 24/7 birther, lives.

They report that the venerable debunker of Internet rumors,, tracked down a story floating around that Obama had been charged in federal court with treason, and it led to none other than Orly Taitz (pictured right), who has used that word in some of her court filings. I wrote about a Taitz treason charge against Obama in June of 2014. Taitz has also threatened the Supreme Court with treason charges too.

I’ve not been able to find the instance where Taitz used the “T” word in court and the judge responded, “Treason?” If someone remembers, leave a comment and I’ll add it to the article.


The “Oz” connection


imageRemember what Mike Zullo said in a text message revealed in the Melendres case as part of the Deposition of Travis Anglin?

Hell, I would wear a dress and ruby slippers all year if we can prove this.

Yesterday testimony in the Melendres case revealed that the MCSO code name for Dennis Montgomery was “OZ.”

Somewhere over the rainbow … the certificate’s a fake.
Birds fly over the rainbow … why can’t I win my case?


The CIA connection

Up until now, there really hasn’t been much in the way of tying Obama’s Birth Certificate to the CIA. There was one juicy tidbit courtesy of Lawrence Sellin via the Peter Boyles radio show back on September 12, 2014:

Let me preface that by saying  Mike Zullo is in charge of the Cold Case Posse investigation into Barack Obama’s, in particular the birth certificate, the things around the birth certificate, and it’s basically a one man operation. Now I talked to Zullo a few weeks ago on the telephone and he indicated that Arpaio was gonna shut down the investigation last Autumn, but this whistleblower walked into Arpaio’s office basically and had information about how the — now this is what I was told; I’m not part of the investigation (unintelligible). What I’ve learned is that this whistleblower had information about, you know, how the birth certificate was produced, who might have done it, where it was done, and even pointed the finger towards CIA director John Brennan. … I think  Brennan is a bad guy, and I wouldn’t be surprised if he’s involved in this, all the shenanigans around birth certificate.

Is this the Smoking Gun?

Now there is more CIA conspiracy theory that came out during Arpaio’s testimony today from Exhibit 2074B, a note by Joe Arpaio type-written [see original image] on the back of a fax from Dennis Montgomery containing one of his notorious conspiracy charts:

On Nov.6 2013, at about 2:45 pm call from JC, who I met several times in San Diego (photographer) called my wife at sheriff’s office no. at residence stating he had to talk to me, and not use phones. Called him at 4:45 pm, presence of Sgt. Calderone. JC told me that Ava and my phone was being monitored by Feds, that I should change my tele no. Asked for more info. Admitted that Kimberly who I met several times in SD during speechs, (sic) and who worked for SD examiner, now working for a TV station had the info. I told JC to have Kimberly call me. JC told me that Kimberly is never wrong & she would call me. JC no. is REDACTED. Called JC on Nov. 12, 13 asked why Kimberly has not called. He said she is afraid, received info that My wife and my cell phone wiretapped. He said her source was from the East coast, said she has White House credentials. Mentioned CIA, she had or was going to pick up sensitive documents, afraid to do so crossing state lines, could be arrested. Told JC I would have Mike Zulos (sic) call JC.

On the top of the page Arpaio has hand written:

Judge Snow has sister in law works for Covington.
Wilcox Husband IN 150,000.00

Mary Rose Wilcox is the former Maricopa Board of Supervisors member who was a target of Arpaio.

Nah, Arpaio wasn’t investigating the judge. :roll:


Commenter Rickey expresses the opinion that “Kimberly” refers to Kimberly Dvorak, who writes for the San Diego Examiner and is an “independent investigative journalist” on Channel 6 News in San Diego. He notes that participants in the Fogbow forum conclude that “J. C.” is James C. Playford who praises Kimberly Dvorak on his Facebook page. Playford’s friends include birthers Gerry Nance (Borderraven) and Neil Turner. Libertarian vice-presidential candidate Wayne Allyn Root who didn’t remember Obama from Columbia has Dvorak as a Facebook friend.

Read more:


Still Waiting for Zullo

We’ve been waiting for a long time to see any number of items talked about, but never delivered by Mike Zullo. I wrote about that in my first article titled, “Waiting for Zullo” back in 2013 where I listed 34 such items, and the answers are still not forthcoming.

One hoped, perhaps too optimistically, that some of the answers might come from Mike Zullo’s deposition scheduled for next Wednesday, October 7. The subpoena of Zullo also requested all documents in his possession related to investigations of public officials on behalf of Arpaio and all correspondence with a list of individuals, starting December 23, 2011 and extending to the present. Arpaio’s defense team has moved, the day before the documents were due, to quash that subpoena. The motion to quash argues that the production of documents is a hardship for Mr. Zullo, and provides him with insufficient time. Defense also claims that the subpoena is overly broad, noting that the subpoena extends back roughly 2 years prior to any involvement with Dennis Montgomery (which we now know thanks to the subpoena started in the Fall of 2013). The Defense claims that it will take the full-time activity of Mike Zullo “weeks” at his own expense to respond with all the subpoena asks for. The subpoena was served on Mr. Zullo on September 24 evening and demands delivery of the documents by September 30. The motion to quash states that the subpoena was issued “on late September 25” but that was the day that the attorneys were served, not Zullo. Indeed the motion to quash states:

Plaintiffs’ filed three subpoenas on September 25, 2015 with this court, but have not indicated that they have served Mr. Zullo.

In fact, the subpoena filed on September 25 with the Court clearly shows service of Mr. Zullo on the preceding day (see page 37).

While not argued in the subpoena, Arpaio’s counsel takes a shot at Plaintiffs in a footnote:

In addition, Plaintiffs have known for months about Mr. Zullo and his role with MCSO in this action, but failed to ever serve a subpoena on him. Plaintiffs apparently believe they are entitled to rolling discovery in this case with absolutely no limitations or regards to Defendants’ rights. Indeed, Plaintiffs’ Notice of Subpoenas does not provide any reason as to why this information is relevant let alone why there is good cause that it should be discoverable now, or why it should be produced on such an expedited timetable. Plaintiffs had ample opportunity to discover their requested information, but failed to do so, and now seek to recover this information when proceedings are ongoing, in a further attempt to continue their “trial by fire” litigation tactics.

The Zullo subpoena requests documents in “native format.” Native format is the format in which the information is usually maintained on the producing party’s system.  A problem with such raw data is that individual items, such as emails, cannot easily referenced (by a the “Bates number” we keep hearing about in testimony), cannot be redacted, cannot be marked confidential, and cannot be viewed without the application software that produced it; however, it is the format with the least cost to produce.  An email folder may consist internally on the computer as a single file that could be copied to a flash drive. Paper documents have to be scanned, but who uses paper any more? OK, Arpaio only has a typewriter. Never mind.

I cannot count the number of times in my IT career that I asked “what format do you want it in?” in response to requests for information. I would suggest to Zullo that he take the subpoena literally, and just dump the files. If Zullo’s information is not well-organized, then it could take a fair amount of time to separate what is responsive to the subpoena vs. what is not. Considering how long it has taken Hillary Clinton to respond with her emails, perhaps 5 days is a bit short of the requisite time for Mike Zullo to sort through his, quaquaquaqua.


Plaintiffs modify subpoena

In court documents filed yesterday, Plaintiffs have modified the Mike Zullo subpoena changing the start date for the documents requested from December 23, 2011, to September 1, 2013. Also the “catch all” language referring to “any employee of Maricopa County Sheriff’s Office” is deleted, as well as emails to and from Brian Sands. There is also an updated delivery deadline of October 5, 2015. Plaintiffs indicated that the earlier date was a mistake and that Mr. Zullo was re-served with the correct date on September 25. Plaintiffs defend the “any elected official” language, saying:

Documents showing any discussion relating to this litigation or investigation by Mr. Zullo or others, targeting any judge or elected official, during the requested time frame, are also material to this Court’s determination of whether the retention of Dennis Montgomery reflects Sheriff Arpaio’s use of Mr. Zullo to target and investigate the Sheriff’s perceived opponents, which will case light on the activities of Mr. Zullo relative to this Court and case.

Plaintiffs observe that Zullo may have emails from certain MCSO staff that were not turned over by those individuals previously, but perhaps should have been.



More Melendres hot water

While the soup pot for Mike Zullo warms up in anticipation of October 7, there is another area under scrutiny. It deals with the failure of the MCSO to produce 1,500 ID’s confiscated by MCSO that the Court says it had ordered be delivered.  Subsequently US Marshals took possession of the IDs. There was a suggestion that counsel for Arpaio might have been involved in the non-production of the IDs and now Judge Snow has today granted plaintiff’s motion to compel testimony regarding discussion about production of the IDs Counsel had with MCSO on July 17, 2015. In particular the finger is pointed at attorney Michele Iafrate. The motion was filed September 10, and is document 1319 in Case 2:07-cv-02513.

Plaintiffs also filed a second notice of the deposition of David Tennyson that was to be held today (Sept. 28). Sgt. Tennyson was accused of conducting an inadequate interrogation during the internal criminal investigation of illegal activity by the Department’s Human Smuggling Unit. See: “Arpaio’s Chief Deputy Shredded on the Stand” for more on Tennyson.

Melendres depositions from case docket:

  • Timothy J. Casey
  • Gerard Sheridan
  • David Tennyson
  • Suzanne Kimberly Seagraves-Young
  • Don Vogel
  • Steve Bailey
  • Edward Patrick Lopez
  • Bill Knight
  • Travis Anglin
  • Stephen Fax
  • John ("Jack") MacIntyre
  • Jonathan Knapp
  • Joseph M. Arpaio
  • Brett Palmer
  • Mike Olson
  • Joseph Sousa
  • Brian Sands
  • Brian Mackiewicz
  • Michael Zullo
  • Thomas P. Liddy
  • Christine Bailey Stutz
  • Rollie Seebert