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Klayman intervenes in Melendres lawsuit

A rather interesting development has taken place in the Melendres, v Arpaio lawsuit. Dennis Montgomery, the man identified by Sheriff Arpaio and Chief Deputy Sheridan as someone who was just “stringing us along” in exchange for hundreds of thousands of dollars in confidential informant cash, has filed a brief as an “intervenor” through his attorney Larry Klayman to disqualify the judge, G. Murray Snow, who asked about Montgomery’s participation in a hearing last month. Klayman’s brief was published on his “Freedom Watch” web site.

Judge Snow previously issued a ruling rejecting complaints over his questioning of Arpaio and Sheridan.

My view is that this is a delaying tactic by Klayman, who also represents Arpaio in another lawsuit, Arpaio v. Obama. I consider the claim completely without merit for the reason that Dennis Montgomery is not a party to the Melendres lawsuit, nor is he a witness, and nothing in the Klayman brief provides any probative reason that Montgomery has any reasonable fear of harm from Judge Snow. Klayman alleges that:

Judge Snow is determined to investigate and threaten Dennis Montgomery and others have confirmed that Judge Snow’s wife did make the statement at issue.

However, Montgomery had no connection with the statement by the Judge’s wife, and nothing in the allegation provides a basis for the claim that Snow had “threatened” Montgomery. Klayman further raises the issue:

Now, Dennis Montgomery’s own documents, intellectual property, patented technology, copyrighted material, and other information has been seized by order of Judge Snow.

However, in fact Judge Snow only demanded delivery of documents in possession of the Sheriff’s Office, documents paid for by public funds.

Klayman bolsters his case with a statement from Professor Ronald Rotunda on the ethics issues involved. Rotunda apparently voted for Orly Taitz in her 2010 primary race for California Secretary of State.

There has been a flurry of activity on the docket of the Melendres case (which has now reached 1056 entries) including a motion from Arpaio to seal portions of the transcript of the hearing last month. Plaintiffs have filed  a motion [1045] for discovery of “Attorney-Client and Work Production Information” and a response in opposition was filed yesterday by Arpaio. So far Klayman’s intervention is not docketed.

The transcripts from the Arpaio contempt hearing will not be available on the court’s electronic system PACER until August 3, but a couple hundred pages of it appeared in a Plaintiff’s motion, and are linked below (nothing about Zullo or Montgomery, sorry to say):

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18 Responses to Klayman intervenes in Melendres lawsuit

  1. avatar
    The Magic M (not logged in) May 8, 2015 at 3:57 am #

    RanTalbott: Klayman has filed a motion on behalf of Montgomery to intervene in the contempt proceedings, demanding Snow’s recusal.

    Which contains Freudian slips such as this one:

    These matters [Arpaio’s investigation of Judge Snow’s wife] can only, even if relevant and not unethical (which they are not)…

    So he admits the investigation was unethical? The art of double negation master he does not.

    And as for “trade secrets”: this is the first time I hear that “trade secrets” and “intellectual property” and “confidentiality agreements with third parties” are an argument to withhold evidence from a judge. It may be an argument for sealing evidence, but certainly not for withholding it.

    When is this clown going to be disbarred eventually?

  2. avatar
    RanTalbott May 8, 2015 at 6:53 am #

    The Magic M (not logged in): It may be an argument for sealing evidence, but certainly not for withholding it.

    His complaint was that it wasn’t screened to keep out attorney-client-privileged info, and to seal anything like trade secrets.

    Dunno how much truth there is to that: I read somewhere that the judge said it was, but I’m sure it’ll be argued in a hearing somewhere.

    I noticed that the motion says Klayman’s pro hac vice application is “pending”. Wasn’t there a brouhaha about a previous application of his?

  3. avatar
    gorefan May 8, 2015 at 10:03 am #

    RanTalbott: And, thanks to Dennis Montgomery (via Gerbil Report), we now know that the New Times has a “pornographer” on staff.

    Klayman has filed a motion on behalf of Montgomery to intervene in the contempt proceedings, demanding Snow’s recusal.

    This is an interesting statement by Klayman:

    “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.”

  4. avatar
    bgansel9 May 8, 2015 at 11:54 am #

    Arpaio’s name is coming up on the front page of the Arizona Republic just about every day now. It no longer seems newsworthy to make note of it, as it’s becoming a daily occurrence. I’m sure y’all can find the stories.

  5. avatar
    Jim May 8, 2015 at 12:10 pm #

    I would think Judge Snow would like to have a hearing on Klayman’s request…maybe have Montgomery testify? So nice of Klayman to put his client at risk instead of keeping his mouth shut and client out of Judge Snow’s courtroom. 😆

  6. avatar
    Dr. Conspiracy May 8, 2015 at 12:36 pm #

    For example:

    http://www.azcentral.com/story/news/local/phoenix/2015/05/07/sheriff-joe-arpaio-contempt-hearings-secound-bout-june/70931926/

    bgansel9:
    Arpaio’s name is coming up on the front page of the Arizona Republic just about every day now. It no longer seems newsworthy to make note of it, as it’s becoming a daily occurrence. I’m sure y’all can find the stories.

  7. avatar
    Crustacean May 8, 2015 at 1:28 pm #

    I tried watching that video, but once I caught sight of Jacki Ochoa’s gravity-defying hair, my train of thought was totally derailed.

    Dr. Conspiracy: For example:
    http://www.azcentral.com/story/news/local/phoenix/2015/05/07/sheriff-joe-arpaio-contempt-hearings-secound-bout-june/70931926/

  8. avatar
    RanTalbott May 8, 2015 at 5:27 pm #

    Crustacean: Jacki Ochoa’s gravity-defying hair

    Welcome to the 3-D Printing Age 😉

  9. avatar
    Jim May 8, 2015 at 5:53 pm #

    RanTalbott: Welcome to the 3-D Printing Age

    When they can print me a new liver or heart in about 30-40 years…then you got something!!! 😀

  10. avatar
    Curious George May 8, 2015 at 6:04 pm #

    From the Dennis Montgomery declaration prepared by Klayman:

    “I have become concerned that Judge Snow’s personal interests in these matters could cloud the judgment of any normal human being so as to confuse the work of the “Cold Case Posse” and myself as being only about Judge Snow.”

    So is there any doubt that Montgomery was working with the Cold Case Posse? “Universe Shattering.”

  11. avatar
    Reality Check May 8, 2015 at 9:12 pm #

    It appears Judge Snow is on to Klayman’s games with his fellow attorney and his PHV application. Next week should be fun.

    Dr. Conspiracy: Melendres status conference today:

  12. avatar
    RanTalbott May 8, 2015 at 9:32 pm #

    Reality Check: It appears Judge Snow is on to Klayman’s games with his fellow attorney and his PHV application

    Games? The news story I just read said it was a simple matter of the in-state counsel forgetting to forward the application in the recall challenge to the bar association after it was approved by the judge. Was there something else going on? Or are the “games” something new?

  13. avatar
    RanTalbott May 8, 2015 at 10:24 pm #

    The report I read (which I didn’t bother to bookmark) said that Klayman had sent the paperwork and fee to Smith to get it processed locally, and Smith’s office dropped the ball.

    Sounds like a simple screw-up, rather than any sort of “games”. Smith’s trying to blame the State Bar could’ve been bluffing to cover up an embarrassing mistake, or simply not knowing that his staff had blown it.

  14. avatar
    bgansel9 May 9, 2015 at 1:44 pm #

    The Arpaio story in this morning’s headline seems to take a new twist. Things are about to become a whole lot messier for Arpaio in this case:

    http://www.azcentral.com/story/news/local/phoenix/2015/05/08/mcso-friday-contempt-abrk/27000827/

    Oh, I see Doc already found it. Good!

  15. avatar
    The Magic M May 11, 2015 at 12:50 pm #

    bgansel9: Things are about to become a whole lot messier for Arpaio in this case:

    Or, as Zullo aptly said, “the investigation has gone very dark”. *lol*