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.