Update: Motion to Intervene denied. See notes at end.
According to Obama Conspiracy Theories sources, confirmed by an article at KJZZ, there is a status conference in the Arpaio lawsuit this morning in Phoenix before judge G. Murray Snow at 9:30 AM PDT. (Read that article for the full story, including comments to KJZZ by attorney Larry Klayman.)
The topic of confidential informant Dennis Montgomery has come front and center in the contempt proceedings against Sheriff Arpaio and other top MCSO officials. Montgomery filed an emergency petition with the 9th Circuit Court of Appeals to stop Judge Snow’s probe into information provided by Montgomery to the Sheriff’s Office—a petition summarily dismissed on May 12. Pending is a motion for intervention before Judge Snow in Phoenix, demanding the return of materials that the court received from the MCSO originally from Montgomery. Again Montgomery, through his attorney Larry Klayman, is also demanding that parts of the testimony of Sheriff Arpaio and Chief Deputy Sheridan gave at a contempt hearing list April be stricken (as untrue) and that Judge Snow remove himself from the case. A ruling on the motion from Montgomery to intervene may come today.
This writer sees no likelihood that the motion to intervene will be granted or if granted that any of the things requested by Montgomery will be ordered.
Why is this important?
- The Dennis Montgomery debacle is evidence that Joe Arpaio is gullible, and calls into question his judgment when evaluating evidence and sources, the same judgment skills he applied to Obama birth certificate claims and that ultimately led Arpaio to believe there was probable cause that Obama’s birth certificate was forged.
- It could lead to more questioning relating to the Cold Case Posse, and possible revelations about money paid to Mike Zullo by the Department
- Information detailing the Montgomery investigation could come to light that defines what the Cold Case Posse was actually doing, while allowing birthers to assume that they were pursuing Obama.
Kudos to Jude Joffe-Block, reporter with KJZZ, who has written several excellent stories on this latest turn in the Melendres case. Her article digs deeper into a concern that I expressed, that of the legality of Montgomery having and disclosing classified material. This from the article:
“Unless the Sheriff’s Office was engaged in a law enforcement operation for which that information was part or relevant, it is unlawful for a public official to receive or possess classified information,” [William Banks, the director of the Institute for National Security and Counterterrorism at Syracuse University] said. “Just as it is unlawful for the so-called consultant, Mr Montgomery, to have in his possession classified information, much less to have taken it himself.”
Status conference notes:
Judge Snow denied Mosley /Klayman / Freedom Watch Application because of conflicts (Klayman and Mosley representing Arpaio in another matter). Montgomery may move for reconsideration through a different attorney.
All Montgomery data dump materials and Seattle materials will continue to be reviewed by Court Monitors. Mosley was invited to participate in Status Conference today telephonically but did not call into the court.
A letter was sent to the CIA by defense counsel Iafrate. She received phone and email communication from the DOJ who said they don’t represent the CIA. Judge Snow said that a review of the documents will continue and the CIA can contact him or the court if they have concerns about the Montgomery alleged CIA information.
Meanwhile, Stephen Lemons tweets:
@RealSheriffJoe believed goofy plot proffered by Seattle CI Dennis Monthomery, spent dough on that instead of complying with court
@RealSheriffJoe hearing, Snow drops bombshell, says Seattle investigation was meant to develop conspiracy theory involving Snow, DOJ, etc