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Justice Department takes interest in birther investigation

The Associated Press article, “Feds seek records on Arpaio’s investigation involving judge,” isn’t about President Obama’s birth certificate, but it lands squarely in the middle of the Dennis Montgomery, Mike Zullo, Joe Arpaio can of birther worms opened up first by Stephen Lemons of the Phoenix New Times in June of 2014, and now to much wider audience by Judge G. Murray Snow in questioning last month during the Melendres v. Arpaio contempt hearing.

According to the AP report, the U.S. Department of Justice is seeking documents given by Montgomery (often called by the press, “the Seattle scammer”) to Arpaio’s team, documents allegedly taken from the CIA that show some kind of conspiracy between the DOJ and Judge Snow (and much more).

Sheriff Arpaio has conceded that the Montgomery material is “junk,” and I suspect the DOJ will do no more than confirm a hoax perpetrated by Montgomery. The request was revealed in a court filing today (29 May 2015) in ECF 1134:

AMENDED NOTICE re: Document Request by the U.S. Department of Justice. Earlier this week, the Court-appointed Monitor received a request from the United States Department of Justice to copy the documents and hard drives containing materials that Dennis Montgomery delivered to the Maricopa County Sherriff’s Office and that were allegedly harvested from the Central Intelligence Agency. The Department of Justice has requested to copy these hard drives on Tuesday, June 2, 2015 under the supervision of a court-appointed security officer. Should any Party wish to be heard regarding this request or procedure, it should immediately notify the Court with its comments or objections and the reasons therefore. Signed by Judge G Murray Snow on 5/29/2015 (KFZ)

The AP reports:

The sheriff’s office says its lawyer will file an objection to an order by Snow for lawyers to provide input on the documents.

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48 Responses to Justice Department takes interest in birther investigation

  1. avatar
    Curious George May 29, 2015 at 7:30 pm #

    From the Fogbow:

    05/29/2015 1134 AMENDED NOTICE re: Document Request by the U.S. Department of Justice. Earlier this week, the Court-appointed Monitor received a request from the United States Department of Justice to copy the documents and hard drives containing materials that Dennis Montgomery delivered to the Maricopa County Sherriff’s Office and that were allegedly harvested from the Central Intelligence Agency. The Department of Justice has requested to copy these hard drives on Tuesday, June 2, 2015 under the supervision of a court-appointed security officer. Should any Party wish to be heard regarding this request or procedure, it should immediately notify the Court with its comments or objections and the reasons therefore. Signed by Judge G Murray Snow on 5/29/2015 (KFZ) (Entered: 05/29/2015)

  2. avatar
    Curious George May 30, 2015 at 1:03 pm #

    Doc,

    “Sheriff Arpaio has conceded that the Montgomery material is “junk,” and I suspect the DOJ will do no more than confirm a hoax perpetrated by Montgomery. The request was revealed in a court filing today (29 May 2015) in ECF 1134:”

    And that will not be a good thing for Larry Klayman’s defamation lawsuit for Dennis Montgomery in Florida.

  3. avatar
    wrecking ball May 30, 2015 at 1:37 pm #

    Curious George:

    And that will not be a good thing for Larry Klayman’s defamation lawsuit for Dennis Montgomery in Florida.

    AP:

    “Messages left with the Justice Department and Montgomery’s attorney weren’t immediately returned Friday.”

  4. avatar
    Curious George May 30, 2015 at 6:56 pm #

    Are things going to get get worse for Shurf Joe? Here’s this little item from the west coast.

    http://calcoastnews.com/2015/05/gesell-contemplating-run-against-joe-arpaio/

  5. avatar
    Curious George May 30, 2015 at 7:06 pm #

    An opinion piece written by a possible challenger for Arpaio’s job.

    http://www.sanluisobispo.com/2014/12/03/3379696/a-shocking-and-growing-lack-of.html

  6. avatar
    Tomtech May 31, 2015 at 3:46 am #

    I expected this to come second. I expected the C.I.A. to confiscate every data storage device accessible by Montgomery prior to any court filing with the court.

    Stating that you have data from the C.I.A. is equivalent to a “kick me” sign which says “take all of my computers and discs”.

  7. avatar
    The Magic M (not logged in) May 31, 2015 at 5:46 am #

    I’m curious about Montgomery’s alleged “supercomputer in the garage”. I suppose he just had some large boxes with blinkenlights to impress his marks.

  8. avatar
    Notorial Dissent May 31, 2015 at 8:49 am #

    I certainly wouldn’t expect the CIA to leave classified material out running around loose, and I’m surprised they or the FBI hasn’t acted before now. My personal opinion is that, like everything else about Montgomery, it was all a fraud and that he didn’t really have anything that amounted to anything, but I expect it will all come out eventually. I think it is more likely that Montgomery DOESN’T want anyone finding out what he was conning the Shurf with.

    I doubt seriously that Montgomery had anything more than a bunch of junk computers or computer equipment since I am equally sure that neither Kommandant Zullo nor the Shurf would even have a clue about what they were looking at. They’d fall for that just like they fell for the rest of his scam.

    Tomtech:
    I expected this to come second. I expected the C.I.A. to confiscate every data storage device accessible by Montgomery prior to any court filing with the court.

    Stating that you have data from the C.I.A. is equivalent to a “kick me” sign which says “take all of my computers and discs”.

  9. avatar
    Dr. Conspiracy May 31, 2015 at 9:00 am #

    OK, here’s one for the legal eagles:

    Is Sheriff Joe, believing that Dennis Montgomery has information taken from the CIA, guilty of misprision of felony? 😯

    Tomtech: I expected this to come second. I expected the C.I.A. to confiscate every data storage device accessible by Montgomery prior to any court filing with the court.

  10. avatar
    Curious George May 31, 2015 at 9:43 am #

    The Magic M (not logged in)
    May 31, 2015

    “I’m curious about Montgomery’s alleged “supercomputer in the garage”. I suppose he just had some large boxes with blinkenlights to impress his marks.”

    Maytag washing machine boxes with blinking lights and wind driven whirley gigs have always been known to look exactly like supercomputers, especially when set up next to a rusty 1963 Plymouth Valiant parked in the same garage. Corporal Zoo-Low had discovered the source of his “Universe Shattering” information.

  11. avatar
    scott e May 31, 2015 at 12:50 pm #

    just so i’m clear, you think snow will/would never recuse himself ? this new doj thing adds more dimension.
    why cancel the june hearing so far away, which is also what i think this story is to birther, so far away. this is about character and politics, and i’m hoping not federal abuse of power.

  12. avatar
    J.D. Sue May 31, 2015 at 1:05 pm #

    Notorial Dissent: I think it is more likely that Montgomery DOESN’T want anyone finding out what he was conning the Shurf with.

    —-

    And I think Klayman personally doesn’t want anyone finding out what he himself put in writing…

  13. avatar
    J.D. Sue May 31, 2015 at 2:04 pm #

    scott e: why cancel the june hearing so far away, which is also what i think this story is to birther


    Are you saying that the birthers are actually complaining that the June contempt hearing dates have been cancelled? I’d have thought birthers would have liked this. They are creative complainers.

  14. avatar
    Dr. Kenneth Noisewater May 31, 2015 at 2:05 pm #

    scott e: why cancel the june hearing so far away, which is also what i think this story is to birther, so far away. this is about character and politics, and i’m hoping not federal abuse of power.

    And Arpaio has shown he has no character. Why would Snow have to recuse himself?

  15. avatar
    RanTalbott May 31, 2015 at 5:04 pm #

    Tomtech: I expected the C.I.A. to confiscate every data storage device accessible by Montgomery prior to any court filing with the court.

    In an age of National Security Letters and a chummy FISA Court, I expect that, if they had, we wouldn’t hear a peep about it until they’d been through enough material to make a public announcement that:
    a. It’s a scam, or
    b. They’ve indicted him.

    The Magic M (not logged in): I’m curious about Montgomery’s alleged “supercomputer in the garage”.

    A few rack-mounted servers would not only _look like_ a “supercomputer” to a rube like Zullo, they’d actually _be_ one by standards I’m old enough to remember.

  16. avatar
    alg May 31, 2015 at 5:28 pm #

    scott e:
    just so i’m clear, you think snow will/would never recuse himself ? this new doj thing adds more dimension.
    why cancel the june hearing so far away, which is also what i think this story is to birther, so far away. this is about character and politics, and i’m hoping not federal abuse of power.

    Scott, the reason the DOJ is interested is because it appears multiple felonies have been committed by Arpaio and Montgomery. Not only has Arpaio fraudulently misused hundreds of thousands of dollars on a scam “investigation,” but it appears he was party to an attempt to illegally hack into the email accounts of federal agencies and a federal judge. Even though Montgomery scammed Arpaio with fake data, Arpaio is still likely guilty of obstruction of justice, conspiracy and racketeering. It doesn’t look good for him. Arpaio will probably be spending most of his remaining days in federal prison when all of this is over.

  17. avatar
    Reality Check May 31, 2015 at 7:54 pm #

    I refuse to take seriously a moron who writes in all lower case.

  18. avatar
    wrecking ball May 31, 2015 at 8:44 pm #

    love this comment from “steven tyler” @ BR:

    “Yet, Barry and the DOJ continue with a burning obsession to get Montgomery’s data, therefore, wasting time and resources going after the Montgomery Hard Drives!!!!! ”

    i love that ONE request is a “burning obsession” and a waste of “time and resources”.

  19. avatar
    Benji Franklin May 31, 2015 at 8:59 pm #

    RanTalbott: The Magic M (not logged in): I’m curious about Montgomery’s alleged “supercomputer in the garage”.

    A few rack-mounted servers would not only _look like_ a “supercomputer” to a rube like Zullo, they’d actually _be_ one by standards I’m old enough to remember.

    Still not primitive enough, I fear. To Zullo, what could pass as a “supercomputer” in Montgomery’s garage might be a total of 91 Commodore 64 Computers, arranged spaciously in 13 rows of seven computers, so that each computer functions, when slid correctly, as one of the beads on an abacus.

  20. avatar
    bgansel9 May 31, 2015 at 9:38 pm #

    Amazing that the birthers aren’t concerned Arpaio was arranging to get information hacked from a federal government entity. They can’t seriously believe this was legal. It sounds more like fear to me.

  21. avatar
    bgansel9 May 31, 2015 at 9:40 pm #

    alg: Arpaio will probably be spending most of his remaining days in federal prison when all of this is over.

    And the most amazing thing is he did this to himself.

  22. avatar
    Andrew Vrba, PmG May 31, 2015 at 10:45 pm #

    Whether he serves prison time or not, his legacy and, probably also his career, is destroyed and that is good enough for me.

  23. avatar
    Tomtech June 1, 2015 at 12:39 am #

    bgansel9: And the most amazing thing is he did this to himself.

    O’l Joe seems to have started with bithing and graduated to full fledged paranoia that the Feds were conspiring to get him and he used his office to prove it.

  24. avatar
    Suranis June 1, 2015 at 4:43 am #

    You forget that judge snow said something like “Arpiao is an ass” to his wife and she repeated it on facebook to someone at some stage.

    Also he is granting motions from the prosecutor and telling the Sheriff to actually answer questions, which shows he is biased against the noble sheriff.

    Dr. Kenneth Noisewater: And Arpaio has shown he has no character.Why would Snow have to recuse himself?

  25. avatar
    The Magic M (not logged in) June 1, 2015 at 11:16 am #

    Andrew Vrba, PmG: his legacy and, probably also his career, is destroyed

    Who knows? Roy Moore did have his comeback.

  26. avatar
    James M June 1, 2015 at 6:53 pm #

    RanTalbott: In an age of National Security Letters and a chummy FISA Court, I expect that, if they had, we wouldn’t hear a peep about it until they’d been through enough material to make a public announcement that:
    a. It’s a scam, or
    b. They’ve indicted him.

    A few rack-mounted servers would not only _look like_ a “supercomputer” to a rube like Zullo, they’d actually _be_ one by standards I’m old enough to remember.

    I

    bgansel9: And the most amazing thing is he did this to himself.

    ODS is a devastating sickness.

  27. avatar
    bob June 1, 2015 at 9:13 pm #

    Judge Snow issued some orders.

    1. Snow ordered the monitor to not voluntarily comply with the DOJ’s requests. (Meaning: Wait for the judge to order compliance.)

    2. Snow vacated the June hearing dates because of the pending recusal motion. So Arpaio wins his sought-after delay.

  28. avatar
    J.D. Sue June 2, 2015 at 2:02 pm #

    I see that Larry Klayman has filed a “supplement” to his accusations against Judge Snow, including a baseless allegation that Judge Snow had ex parte communications with Lemons during a lunch break. http://www.scribd.com/doc/267362776/Melendres-1140-Montgomery-Supp-to-1112-Motion-D-ariz-2-07-Cv-02513-1140-MontgomerySupp-to-PHV-Etc

    Also, FYI, I note that Klayman has pending a post-summary-judgment motion to recuse the Judge in Klayman v City Pages, complaining that the Judge’s summary judgment order made too many references to Alice in Wonderland. http://www.scribd.com/doc/266710106/Klayman-v-CityPages-139-Motion-to-Recuse-M-D-fla-5-13-Cv-00143-139. In response, the defendants filed a short brief, citing other cases where Klayman filed recusal motions. http://www.scribd.com/doc/267245238/KlaymanvCityPages-140-Opp-to-Recusal-Motion-M-D-fla-5-13-Cv-00143-140-D-Opp-to-Recusal-Motion-w-Exhibit

    (Thanks to Fogbow for this info)

  29. avatar
    Dr. Conspiracy June 2, 2015 at 4:00 pm #

    This thing has Taitz written all over it, and I hope it equally leads to sanctions. Of course nothing Klayman says is of any effect since he’s not been admitted to practice in Arizona.

    The item is in reference to a remark by the judge that he learned something over lunch, but it is absurd to think it came from Lemons.

    J.D. Sue: I see that Larry Klayman has filed a “supplement” to his accusations against Judge Snow, including a baseless allegation that Judge Snow had ex parte communications with Lemons during a lunch break.

  30. avatar
    Jim June 2, 2015 at 4:17 pm #

    Especially since earlier in the questioning the judge mentioned that his clerk had gone through about 50 of the more than 3,000 pages. Another admission via omission by Klayman.

  31. avatar
    Curious George June 2, 2015 at 5:04 pm #

    Dr C,

    “The item is in reference to a remark by the judge that he learned something over lunch, but it is absurd to think it came from Lemons.”

    How in the world would he come up with this? As I understand it, Judge Snow has 12 monitors watching over Arpaio’s circus act. Clay-Man is just sore over Lemon’s articles.

  32. avatar
    Greenfinches June 2, 2015 at 5:15 pm #

    Curious George: An opinion piece written by a possible challenger for Arpaio’s job.

    http://www.sanluisobispo.com/2014/12/03/3379696/a-shocking-and-growing-lack-of.html

    doesn’t bode well for Maricopa County…. this account of events in Ferguson is shall we say creative. The writer likes to be obeyed, thank you, and would probably be as pro -white as Shurf Joe.

  33. avatar
    J.D. Sue June 2, 2015 at 5:54 pm #

    Dr. Conspiracy: This thing has Taitz written all over it, and I hope it equally leads to sanctions. Of course nothing Klayman says is of any effect since he’s not been admitted to practice in Arizona.

    The item is in reference to a remark by the judge that he learned something over lunch, but it is absurd to think it came from Lemons.

    —-
    Seems to me Klayman’s work is as baseless, slanderous, and unethical as Taitz.

    BTW, in addition to the lunch thing, Klayman complains that the Justice Department improperly had ex parte communications with Judge Snow when it requested copies of Montgomery’s hard drive and records. This too is utter nonsense–I remember reading in one of the transcripts that Arpaio’s attorney advised Judge Snow that DOJ kept contacting her; everyone agreed (on the record) that the DOJ should contact Judge Snow or the Monitor rather than contacting the parties.

  34. avatar
    bgansel9 June 2, 2015 at 6:48 pm #

    Suranis: You forget that judge snow said something like “Arpiao is an ass” to his wife and she repeated it on facebook to someone at some stage.

    Oh, is that how it went? I defy you to find a single piece of evidence claiming that… because it isn’t true. What actually happened is that a woman posted on Arpaio’s Facebook that she met a long-time acquaintance in a restaurant who had made a statement about Arpaio to her, and the acquaintance was Judge Snow’s wife. (there is no proof this happened, even Arpaio’s guys apparently don’t believe this report was credible as they didn’t pursue it). – http://kjzz.org/content/131133/sheriff-arpaios-chief-deputy-we-did-not-investigate-judge%E2%80%99s-wife

    Now, do you see how rumors get started and how you are WRONG?

  35. avatar
    Crustacean June 2, 2015 at 7:01 pm #

    Just give your sarcasm meter a little rap, it’ll probably work again. 🙂

    bgansel9: Now, do you see how rumors get started and how you are WRONG?

  36. avatar
    bgansel9 June 2, 2015 at 7:17 pm #

    Crustacean: Just give your sarcasm meter a little rap, it’ll probably work again.

    Good point. I should remember birthers never learn from or admit mistakes.

  37. avatar
    RanTalbott June 2, 2015 at 7:20 pm #

    J.D. Sue: I see that Larry Klayman has filed a “supplement” to his accusations against Judge Snow

    Is it common for lawyers to use such inflammatory language in motions? While judges are expected to rise above such things, it still seems like whacking a hornet’s nest with a 1-foot stick.

    (I suspect that most of Klayman’s filings like that are actually written for his fan base, not the courts with which they’re filed. But I also suspect it’s considered unseemly for a fellow lawyer to suggest that in public 😉 ).

    J.D. Sue: everyone agreed (on the record) that the DOJ should contact Judge Snow or the Monitor rather than contacting the parties.

    So, I guess Larry will be filing a complaint with the bar association against Iafrate…

  38. avatar
    J.D. Sue June 2, 2015 at 8:30 pm #

    RanTalbott: Is it common for lawyers to use such inflammatory language in motions? While judges are expected to rise above such things, it still seems like whacking a hornet’s nest with a 1-foot stick.

    (I suspect that most of Klayman’s filings like that are actually written for his fan base, not the courts with which they’re filed. But I also suspect it’s considered unseemly for a fellow lawyer to suggest that in public ).


    No, of course it is not common, and it’s just stupid. How can lying and slandering be persuasive and result in a favorable order? (The Court is not Brtherstan).

  39. avatar
    Arthur B. June 2, 2015 at 9:52 pm #

    bgansel9: Good point. I should remember birthers never learn from or admit mistakes.

    No, turn the dial the other way.

  40. avatar
    W. Kevin Vicklund June 3, 2015 at 12:05 am #

    RanTalbott: Is it common for lawyers to use such inflammatory language in motions? While judges are expected to rise above such things, it still seems like whacking a hornet’s nest with a 1-foot stick.

    I don’t think Larry’s “stick” is that long, Ran…

  41. avatar
    The Magic M (not logged in) June 3, 2015 at 4:25 am #

    bgansel9: What actually happened is that a woman posted on Arpaio’s Facebook

    And even that is still a bit shady. Facebook posts can be faked/forged. Maybe that poor woman had no idea somebody registered another FB account under her name and made that post. This has “Taitz/Virgil” written all over it. After all, it worked for some time in Orly’s case, forcing a delay.

    Maybe Arpaio thinks if he can drag this out until his re-election, or the election of El Presidente Rafael Cruz, the outcome won’t matter that much for him.

  42. avatar
    Dr. Conspiracy June 3, 2015 at 8:02 am #

    An affidavit was submitted with one of the legal briefs in Melendres by a detective who interviewed Grissom, confirming that she made the claim on Facebook. Grissom herself refused to give an affidavit. So I tend to believe that Grissom made the Facebook post. I also think it’s likely that she was lying when she made it.

    The Magic M (not logged in): Facebook posts can be faked/forged. Maybe that poor woman had no idea somebody registered another FB account under her name and made that post.

  43. avatar
    The Magic M (not logged in) June 3, 2015 at 8:15 am #

    Thanks for the info. 🙂

  44. avatar
    Bovril June 3, 2015 at 8:29 am #

    As a further piece, when the PI retained to do the interviews with Grissom then talked to her husband and son, who were also there, they told very different and rather contradictory stories.

    IIRC from the plethora of documents that have been posted on this, the PI stated that there was no useable information in the statements made by Grissom’s various and it would have no possible value in a court of law

  45. avatar
    RanTalbott June 3, 2015 at 9:17 am #

    Dr. Conspiracy: I also think it’s likely that she was lying when she made it.

    Or maybe just exaggerating.

    The transcripts of the interviews with her and her husband were zibbits attached to Arpaio’s recusal motion.

    Her recollection of the conversation when questioned was less strident than what she told Arpaio.

    Her husband’s recollection was that there was no statement of “hatred”, and that the judge had formed an opinion that Arpaio didn’t belong in office _based on his actions as sheriff_.

    There was nothing in the interviews to indicate whether that opinion had been formed before, during, or after the trial, so they’re not probative either way.

  46. avatar
    Curious George June 4, 2015 at 10:19 am #

    Dr. Conspiracy
    June 3, 2015

    “An affidavit was submitted with one of the legal briefs in Melendres by a detective who interviewed Grissom, confirming that she made the claim on Facebook. Grissom herself refused to give an affidavit. So I tend to believe that Grissom made the Facebook post. I also think it’s likely that she was lying when she made it.”

    And then to make it perfectly clear, we find the following:

    November 6, 2013 Tim Casey letter from Tim Casey (former Arpaio attorney ) to Sheriff Arpaio. ( Source, Phoenix New Times Article)

    “I, [Tim Casey] therefore, respectfully recommend and strongly advise against any use of the Grissom information. Additionally, the Grissom information is so fundamentally flawed in its substance that it likely cannot be used in a Rule 60 motion, appeal, or otherwise, without the lawyer who does so violating the federal court’s rule of civil procedure and the Arizona Rules of Professional Conduct.”

  47. avatar
    J.D. Sue June 4, 2015 at 11:51 am #

    J.D. Sue:
    RanTalbott: Is it common for lawyers to use such inflammatory language in motions? While judges are expected to rise above such things, it still seems like whacking a hornet’s nest with a 1-foot stick.

    (I suspect that most of Klayman’s filings like that are actually written for his fan base, not the courts with which they’re filed. But I also suspect it’s considered unseemly for a fellow lawyer to suggest that in public ).


    No, of course it is not common, and it’s just stupid. How can lying and slandering be persuasive and result in a favorable order? (The Court is not Brtherstan).

    —–

    FYI, see Arpaio’s attorney’s response to Klayman’s supplement. http://www.scribd.com/doc/267647000/2015-06-03-Melendres-Et-Al-v-Arpaio-Et-Al-Arpaio-Response-to-Putative-Intervenor-Supp-to-MfR-D-ariz-2-07-Cv-02513-1145-01 :

    “Putative intervenor’s attorneys Klayman and Mosley neither represent Sheriff Arpaio and Chief Deputy Sheridan, nor speak for the interests of MCSO in this action or in any proceeding related to this action.

    Sheriff Arpaio and Chief Deputy Sheridan reject the vitriol and inflammatory attacks set forth in the putative intervenor’s supplement. Sheriff Arpaio and Chief Deputy Sheridan respect the Court and believe such ad hominem attacks have no place in this litigation.”

  48. avatar
    TheEuropean June 9, 2015 at 2:53 pm #

    Very late to this party (there was a real one to attend) :

    @bgansel9: SURANIS is not, I repeat, NOT a birther.