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Arpaio contempt case: evidence turning bad for him

imageThe exposure of the Cold Case Posse’s so-called deep, dark turn, provides some sense of Sheriff Joe’s misdeeds coming around to bite him. For me, the Dennis Montgomery sideshow was nothing more than one con man conning another; however, media reports coming out of Thursday’s status conference in Melendres v. Arpaio put it in a more troubling light for Sheriff Joe.

The Houston Chronicle has one of those reports, titled “Judge: Sheriff’s investigation was intended to discredit him.” This report is based on comments from Judge G. Murray Snow in court last Thursday, and those comments came after reading seized MSCO documents passed on to him by the court-appointed monitor who is pouring over the material. Judge Snow called the investigations focus, that he was in collusion with the Department of Justice against Arpaio, a “bogus conspiracy theory.”

In testimony last April, Arpaio put a very different spin on things, saying that the Montgomery investigation was triggered by reports of the CIA hacking bank accounts and tapping phones; any involvement the investigation had with Judge G. Murray Snow was incidental—just part of emails involving several judges. The Chronicle writes:

The judge said the documents show that Dennis Montgomery, a computer consultant who has done work for the U.S. military and worked as a confidential informant in Arpaio’s secret investigation, told the sheriff’s office he could help them figure out what Snow and the Justice Department had been talking about.

Public radio station KJZZ said:

U.S. District Judge Murray Snow said documents he reviewed suggest the sheriff’s office hired a paid confidential informant to expose an alleged conspiracy between the judge and the U.S. Department of Justice to collude against Arpaio.

This is more in the steady drip of articles that spell bad news for the embattled Arizona Sheriff and indicates a very negative turn for Sheriff Joe.

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27 Responses to Arpaio contempt case: evidence turning bad for him

  1. avatar
    Jim May 15, 2015 at 4:18 pm #

    Keep em coming Doc, this is much more interesting than the birthers. Zullo’s about to find out what a REAL investigation looks like…as he’s being investigated for conspiracy. 😀

  2. avatar
    CarlOrcas May 15, 2015 at 4:38 pm #

    Just when I think this mess can’t get any stranger, any more bizarre……………it does.

  3. avatar
    Andrew Vrba, PmG May 15, 2015 at 4:44 pm #

    My schadenfreude meter is running dangerously high! LOL!

  4. avatar
    Dave May 15, 2015 at 5:19 pm #

    All the same, I am left wondering, from a legal angle, how this relates to the case. It does look like it was headed in the direction of trying to influence the outcome of the case by digging up and leaking dirt on the judge. I could believe that would violate some law. However, no dirt was dug or leaked. So, is just the attempt in some sense illegal? We have any lawyer types who can weigh in on this?

  5. avatar
    Jim May 15, 2015 at 5:42 pm #

    First, the reason they’re even where they are is Arpaio defied court orders. In defying court orders, he attempted to conspire with others to defraud or otherwise influence the judge. Just because the conspiracy didn’t work, doesn’t mean they get to keep trying to get it right before they can be charged. This was a conspiracy, pure and simple. It goes to the mindset of the Sheriff and MCSO in obeying the court orders…ties right in with the contempt charge.

  6. avatar
    Rickey May 15, 2015 at 5:46 pm #

    Dave:
    All the same, I am left wondering, from a legal angle, how this relates to the case. It does look like it was headed in the direction of trying to influence the outcome of the case by digging up and leaking dirt on the judge. I could believe that would violate some law. However, no dirt was dug or leaked. So, is just the attempt in some sense illegal? We have any lawyer types who can weigh in on this?

    IANAL, but an illegal act doesn’t have to be completed in order to be a crime. Conspiring to commit an illegal act is a crime even if the act isn’t carried out.

    For example, if you hire a hit man to murder your spouse, you have committed a crime even if the hit man doesn’t carry it out. It’s a crime even if the hit man never intended to carry it out.

  7. avatar
    Curious George May 15, 2015 at 5:59 pm #

    Since it is Freedom Friday with Pastor Carl Gallups, and with all of the amazing revelations about the escapades of the there stooges up in Seattle working with Dennis Montgomery, it’s appropriate to take a look back to November of 2013, about the same time the stooges were working with Montgomery in Seattle. Listen closely to Gallups about what was being done with the universe shattering evidence. (At about 6:40 minutes.)

    https://www.youtube.com/watch?v=MM28lQN39ro

  8. avatar
    Reality Check May 15, 2015 at 5:59 pm #

    The fact that Arpaio has a track record of intimidation against judges and other public officials will most definitely come into play too.

  9. avatar
    bob May 15, 2015 at 6:54 pm #

    Gallups’ latest spin.

  10. avatar
    Dr. Conspiracy May 15, 2015 at 6:57 pm #

    As I understand criminal conspiracy, it requires at least 2 people agreeing to commit an illegal act and that some overt action taken to advance the conspiracy. Let’s say some guys decide to rob a bank, and then one of them buys a gun. That’s criminal conspiracy.

    http://en.wikipedia.org/wiki/Conspiracy_%28criminal%29#United_States

    Rickey: It’s a crime even if the hit man never intended to carry it out.

  11. avatar
    RanTalbott May 15, 2015 at 7:00 pm #

    Curious George: Listen closely to Gallups about what was being done with the universe shattering evidence.

    For a good bit of unintentionally prophetic irony, start a bit sooner, at about 6:20, where Carl says “This entire affair is now much, much bigger than the birth certificate. I mean, it moves into the area of being very dangerous for people.”

    Why, yes, Carl, it did turn out to be very dangerous for Arpaio 😉

    Today’s “update” is also hilarious: https://www.youtube.com/watch?v=aiDQP7mynKs

    If you can figure out how to hook up a generator to your soundcard, you’ll get enough spin to power the whole neighborhood.

  12. avatar
    Crustacean May 15, 2015 at 7:29 pm #

    Grrrrrrr!! Grrrrrrr!!!

    Hey Carl: his last name is MONTGOMERY. Learn it, fool!! His name just might be relevant to the unraveling of your little fairytale. Did you not bother to read the article you called a “hit piece”? And yes, he DID just make stuff up.

    Go to H-E-DOUBLEHOCKEYSTICKS, Gallups. And take that idiot Mike Shoesmith with you.

    Oh! And, by the way… by the waaaaaay… “drug” is not the past tense of drag. FOOL!!

    Grrrrrrr… (count to ten, Crusty… count to ten)

    bob: Gallups’ latest spin.

  13. avatar
    Voice of Reason May 15, 2015 at 8:06 pm #

    Dave:
    All the same, I am left wondering, from a legal angle, how this relates to the case. It does look like it was headed in the direction of trying to influence the outcome of the case by digging up and leaking dirt on the judge. I could believe that would violate some law. However, no dirt was dug or leaked. So, is just the attempt in some sense illegal? We have any lawyer types who can weigh in on this?

    I think it clearly goes to the key issue of whether Arpaio’s failure to comply with the judge’s orders was willful. Which is the entire point of these hearings.

  14. avatar
    RanTalbott May 15, 2015 at 9:16 pm #

    Birfoon Report has gone back to the practice of posting many/most of their videos on both of their channels. And some of their nuttiest nutbars prefer that one. So schadenfreude fans shouldn’t miss: https://www.youtube.com/watch?v=kFaA_uORfDc for what’s bound to be hilarious tap-dancing and head-exploding action.

    Oh, and Carl took the opportunity to reprise one of his favorite lies, starting at about 9:00:

    There is not a single Congressman that I’m aware of that made any real effort, real screaming and hollering, to vet the man that’s in the White House at least to the extent that they vetted John McCain with a Senate investigation. That’s all I’ve ever asked for: do the same thing with Barack Obama that you guys did to John McCain.

    Of course, they actually did more, since they didn’t just pass a non-binding resolution: they actually legally certified the validity of two elections.

  15. avatar
    RanTalbott May 15, 2015 at 9:21 pm #

    Crustacean: “drug” is not the past tense of drag.

    It is in that part of the country.

    Ah kin te-yull y’all ain’t nevah bin theah. 😉

  16. avatar
    Dr. Conspiracy May 15, 2015 at 11:58 pm #

    Unless preceded by “cat.”

    Crustacean: Oh! And, by the way… by the waaaaaay… “drug” is not the past tense of drag. FOOL!!

  17. avatar
    J.D. Sue May 16, 2015 at 12:54 pm #

    Doc, As a side curiosity, I’m wondering about Larry Klayman and how/when he first came to be an attorney for Montgomery as well as for Arpaio. My gut tells me that Klayman’s meritless hissy-fit against Judge Snow is more than a publicity stunt; that Klayman’s name may come up in the documents that Judge Snow is reviewing, and that some of that “advice of counsel” at issue in the case came from Klayman….

    Just a hunch. But I was wondering if you or anyone else knows about when Klayman became counsel for both Montgomery and Arpaio. And thanks for all your excellent work.

  18. avatar
    Dave B. May 16, 2015 at 2:20 pm #

    And I never, ever heard a construction hand say how they got mad and dragged up the big job.

    Dr. Conspiracy: Unless preceded by “cat.”

    Crustacean: Oh! And, by the way… by the waaaaaay… “drug” is not the past tense of drag. FOOL!!

  19. avatar
    Joey May 16, 2015 at 2:41 pm #

    RanTalbott:
    Birfoon Report has gone back to the practice of posting many/most of their videos on both of their channels. And some of their nuttiest nutbars prefer that one. So schadenfreude fans shouldn’t miss: https://www.youtube.com/watch?v=kFaA_uORfDc for what’s bound to be hilarious tap-dancing and head-exploding action.

    Oh, and Carl took the opportunity to reprise one of his favorite lies, starting at about 9:00:

    Of course, they actually did more, since they didn’t just pass a non-binding resolution: they actually legally certified the validity of two elections.

    One of my favorite birther memes is “Dick Cheney was in on the conspiracy” because he failed to call for objections to the certification of Obama’s Electoral votes at the 2013 Joint Session of Congress where the Electoral votes were counted and certified (unanimously).

  20. avatar
    J.D. Sue May 16, 2015 at 3:17 pm #

    In follow up to my previous comment, I again looked at Klayman’s memorandum in support of Snow’s recusal. I now see that Klayman expressly complained that Judge Snow ordered MCSO to produce documents about Klayman, and mentions the cold case posse. Seems to me, Klayman is worried about his own butt more than he is concerned about his clients — how’s that for a conflict of interest.

    Specifically:

    (from the memorandum, page 3):

    “Also, this week, Judge Snow has also ordered to be produced from the Maricopa County Sheriff’s Office (“MCSO”) and Cold Case Posse all documents concerning Dennis Montgomery’s attorney Larry Klayman and all documents relating to any communications with another federal judge, thus also invading the authority of another federal judge.”

    (from Montgomery’s affidavit, attached to the memorandum as Exhibit 2):

    “11) On April 27, 2015, Judge Snow ordered all documents and records about me and my work to be handed over to the Court – including those which are privileged, subject to work product, and are proprietary, as well as my intellectual property.

    12) More recently, Judge Snow, I am told, ordered the MCSO to produce all documents about my attorney, Larry Klayman, and about another federal judge in another jurisdiction, and even an attorney (now deceased) who worked to help Sheriff Joe Arpaio in a re-call petition election, and ordered production of all communications to or from any of them.”

    http://www.freedomwatchusa.org/pdf/150507-FINAL%20combined%20disq.pdf

    p.s. kudos to gorefan who pointed some of this out about a week ago, but I missed it somehow.

  21. avatar
    bob May 16, 2015 at 4:31 pm #

    J.D. Sue:
    Doc, As a side curiosity, I’m wondering about Larry Klayman and how/when he first came to be an attorney for Montgomery as well as for Arpaio.My gut tells me thatKlayman’s meritless hissy-fit against Judge Snow is more than a publicity stunt; that Klayman’s name may come up in the documents that Judge Snow is reviewing, and that some of that “advice of counsel” at issue in the case came from Klayman….

    Just a hunch.But I was wondering if you or anyone else knows about when Klayman became counsel for both Montgomery and Arpaio.And thanks for all your excellent work.

    Klayman represents Montgomery in his defamation case against Risen, who described in his book Montgomery’s work as a “hoax.”

    Klayman represents Arpaio in the attempt to shoehorn into “immigration amnesty” case in Texas; Klayman also represented Arpaio in his own failed suit on the subject, which is currently pending in the D.C. Court of Appeals.

    Klayman had also represented Arpaio in the SLAPP-esque suit against the effort to recall Arpaio.

  22. avatar
    J.D. Sue May 16, 2015 at 6:21 pm #

    bob: Klayman represents Montgomery in his defamation case against Risen, who described in his book Montgomery’s work as a “hoax.”

    —-

    I am wondering if Klayman’s relationship with Montgomery predates the defamation case.

  23. avatar
    Pete May 16, 2015 at 7:03 pm #

    CarlOrcas:
    Just when I think this mess can’t get any stranger, any more bizarre……………it does.

    “Just when I thought you couldn’t possibly be any dumber, you go and do something like this… and TOTALLY REDEEM YOURSELF!! “

  24. avatar
    Dr. Conspiracy May 16, 2015 at 7:51 pm #

    I was unable to find any federal lawsuit where Klayman represented Montgomery other than 1:2015-cv-20782, MONTGOMERY v. RISEN et al.

    J.D. Sue: I am wondering if Klayman’s relationship with Montgomery predates the defamation case.

  25. avatar
    Notorial Dissent May 17, 2015 at 2:25 am #

    I suspect that the only reason KKKlayman knows Montgomery is because KKKlayman was busy sucking up to the Shurf at about the same time. I will say that Montgomery picked the perfect host for his latest con, excepting of course that KKKlayman’s track record for wins in this arena is pretty slim, as it is in most other arenas as well. Of course, I also don’t think he really ever intended to go to trial either and figured they’d pay him to go away, and I think he bet on the wrong horse this time. They have a perfectly good stable of lawyers with time on their hands just to deal with the KKKlaymans and Montgomerys of the world.

  26. avatar
    Crustacean May 19, 2015 at 1:13 pm #

    Thank you all for talking me down. I’m usually not such a pedantic dick (Hey! new word: pedandick), but there’s something about Gallups that riles me up and makes me want to rap his knuckles with a ruler and wash his mouth out with a bar of soap.

    P.S. Ran, I was born in Jacksonville! LOL

    RanTalbott: It is in that part of the country.

    Dr. Conspiracy: Unless preceded by “cat.”

    Dave B.: And I never, ever heard a construction hand say how they got mad and dragged up the big job.