Main Menu

Fire under Arpaio’s hot seat back on

imageIn an order filed today, Federal Judge G. Murray Snow rejected Defendants’ motion to disqualify him, lifted a stay on the proceedings in the Melendres case, and ordered a status conference for July 20 at which time the second phase of the Arpaio contempt of court trial will be set.

In another order today, Judge Snow denied reconsideration of his prior order to refuse admission pro hac vice for attorney Jonathan Mosley to appear before him to represent Dennis Montgomery. Snow pointed out a clear possibility of conflict of interest in that Mosley represents both Arpaio and Dennis Montgomery, and that the interests of those two individuals are likely in conflict.

, , ,

50 Responses to Fire under Arpaio’s hot seat back on

  1. avatar
    bob July 10, 2015 at 11:13 pm #

    The really, really juicy stuff is the documents the judge unsealed. (Technically, denied the plaintiffs’ request to file them under seal.)

  2. avatar
    chancery July 10, 2015 at 11:26 pm #

    What Bob said.

  3. avatar
    J.D. Sue July 10, 2015 at 11:27 pm #

    bob: The really, really juicy stuff is the documents the judge unsealed. (Technically, denied the plaintiffs’ request to file them under seal.)

    —-
    It’s absolutely astounding to read Zullo’s emails, just after listening to Zullo talk on Gallups’ show. I’m actually still reading them, but felt compelled to pop over here to say, “WOW!” Gee, I wonder what the acronym BC stands for…

  4. avatar
    Pete July 10, 2015 at 11:50 pm #

    Fire under Arpaio’s hot seat back on

    Good, good good good good.

  5. avatar
    Jon Beck July 11, 2015 at 12:26 am #

    mmmmmm, delicious crunchy goodness, what could possibly be on the menu for the next course?

    It is all very patriotic until someone goes to jail.

  6. avatar
    W. Kevin Vicklund July 11, 2015 at 1:07 am #

    Arpaio’s investigative team, seemingly without exception, are absolutely atrocious at grammar and spelling. My favorite line, from page 25:

    To be clear there was nothing of a classified nature
    contained on any of them and as matter of fact there was evidence of fabrication on
    numinous levels.

    It’s positively divine!

  7. avatar
    Curious George July 11, 2015 at 1:21 am #

    Arpaio is now in for the ride of his life. July 20, 2015 can’t come soon enough. I’ll bet Judge Snow is chomping at the bit to get the Arpaio train wreck back on track.

  8. avatar
    Curious George July 11, 2015 at 1:39 am #

    One of the Zullo unsealed emails indicates that Zullo was aware of Montgomery’s history but he went ahead anyway and paid Montgomery for his services. So how is that working for you Mikey? Did you get what you paid for? Now maybe you’ll know how your previous donors must feel.

  9. avatar
    RanTalbott July 11, 2015 at 4:11 am #

    W. Kevin Vicklund: there was evidence of fabrication on numinous levels.

    Perhaps that’s not really a mistake. It could be a real miracle.

    Maybe Montgomery was really delivering the goods, but, seeing Arpaio’s sinful efforts to slake his unholy thirst for revenge, Jesus decided to turn his “water” into whine.

    Although, if it were me, I would’ve replaced the data with Univision telenovelas, instead of al Jazeera…

  10. avatar
    RanTalbott July 11, 2015 at 4:37 am #

    Curious George: One of the Zullo unsealed emails indicates that Zullo was aware of Montgomery’s history but he went ahead anyway and paid Montgomery for his services.

    You mean where he says “our experience mirrors what has been written about him”?

    That doesn’t _necessarily_ mean he read it _before_ hooking up with him. After all, he “hired” Corsi, Zebest, Vogt, and Irey, so we know his pre-screen has holes that a rat could waltz through. The jokes that many of us have told about his being taken in by a con man could turn out to be true.

    Or not. But I do try to live by the rule of avoiding attributing to malevolence that which can be adequately explained by incompetence.

    Plus, my wicked side likes the image of him being surprised to discover he’d been conned, and he was totally screwed by the promises he’d made 😉

    Note to RC: that could make another great “Hitler in the bunker” remix.

  11. avatar
    Notorial Dissent July 11, 2015 at 4:56 am #

    Ran, I think what you are going for is a con man being out conned by another, not necessarily better con man, and for incompetence, I’ll go with sheer stupidity. I am now of the opinion that the Klown prince got it from both sides, conned by the Shurf in to thinking he had any authority or was actually doing anything, and conned again by Montgomery in to thinking he was going to get something he could actually use. I do think Zullo is worthy of the title Fool’s Fool at this point. I can’t say I think Montgomery is particularly smart, just that he does have a good eye for picking his marks and knowing what to tell them, that they want to hear, so that he gets in with them. I think it will be interesting to find out how much he actually got from the Shurf and/or Zullo, and I think it will all eventually come out now that KKKlayman has sufficiently dirtied the waters that they have attracted undo attention to themselves.

    RanTalbott: You mean where he says “our experience mirrors what has been written about him”?

    That doesn’t _necessarily_ mean he read it _before_ hooking up with him. After all, he “hired” Corsi, Zebest, Vogt, and Irey, so we know his pre-screen has holes that a rat could waltz through. The jokes that many of us have told about his being taken in by a con man could turn out to be true.

    Or not. But I do try to live by the rule of avoiding attributing to malevolence that which can be adequately explained by incompetence.

    Plus, my wicked side likes the image of him being surprised to discover he’d been conned, and he was totally screwed by the promises he’d made

    Note to RC: that could make another great “Hitler in the bunker” remix.

  12. avatar
    Curious George July 11, 2015 at 8:36 am #

    Ran Talbott

    “Note to RC: that could make another great “Hitler in the bunker” remix.”

    Yes, especially the part where the underlings say that “Hitler” is not to be trusted.

  13. avatar
    J.D. Sue July 11, 2015 at 3:03 pm #

    Doc, I don’t know if you’ve had time to notice yet, but Judge Snow’s order denying the motion for recusal directly addressed (confirmed) the concerns you raised about Arpaio’s Section 144 “legal blunder” (see your May 25th post). The court said:

    “In addition, this is Defendants’ second Motion for Recusal brought pursuant to § 144 and second accompanying affidavit of prejudice. Section 144 explicitly limits a party to filing only one affidavit in support of recusal per case….

    The certifications of counsel submitted in support of Sheriff Arpaio and Chief Deputy Sheridan’s Motion also fail to meet the statutory requirements of § 144, which oblige counsel to personally certify that the affidavit of alleged bias as well as the motion to which it is appended are filed in good faith. See Loving Spirit
    , 392 F.3d at 496. Like the ban on successive affidavits, the certification is not simply a pro forma procedural requirement “but is key to the integrity of the recusal process.” Klayman v. Judicial Watch, Inc., 744 F. Supp. 2d 264, 270 (D.D.C. 2010);
    see also Loving Spirit , 392 F.3d at 496 (“[T]he attorney’s certificate plays a critical role in the recusal process. . . [by] guard[ing] against the removal of an unbiased judge through the filing of a false affidavit. . . ” (internal citations omitted)). Although attorneys may have an obligation to consider the record in the light most favorable to their clients when certifying a motion for recusal, there is a difference between presenting the facts in a way that highlights the client’s interests and misstating or mischaracterizing the facts in order to effect reassignment of a case. The Court need not determine whether counsel have acted improperly here, however, because the certificates filed by Movants’ counsel are legally insufficient on their face. The four attorneys bringing this motion on behalf of Movants have signed an identical certificate stating only that “the associated affidavit from Joseph M. Arpaio for the recusal of Judge G. Murray Snow is made in good faith.” (Doc. 1117, Exs. 11–13.) Counsel has not, however, personally certified that there is a good faith basis for the substantive factual allegations contained therein, nor that the Motion itself has been filed in good faith. Each certificate is therefore in disregard of the statutory mandate. The Court, therefore, denies Sheriff Arpaio and Chief Deputy Sheridan’s alternative Motion to Recuse pursuant to § 144 as legally insufficient.”

    p.s. note the Court’s shout out to Klayman.

  14. avatar
    Pete July 11, 2015 at 4:18 pm #

    “[The] movants are responsible for creating the circumstances that they now offer as grounds for their Motion,” Snow writes, adding, “The Ninth Circuit is clear that a party cannot effect recusal of a trial judge by its own actions.”

  15. avatar
    Pete July 11, 2015 at 4:21 pm #

    “Zullo mentions a $10,000 payment to Montgomery in another e-mail. But considering that Zullo, Mackiewicz and MCSO Sergeant Travis Anglin were, for a while, given a blank check in dealing with Montgomery, the $1 million price tag estimated by one of my sources seems quite plausible.”

    From http://www.phoenixnewtimes.com/news/arpaios-epic-fail-judge-refuses-to-recuse-self-in-melendres-7479256

  16. avatar
    Dr. Conspiracy July 11, 2015 at 8:34 pm #

    Yes, thank you. I was tickled to win a point over Arpaio’s legal team.

    J.D. Sue: Doc, I don’t know if you’ve had time to notice yet, but Judge Snow’s order denying the motion for recusal directly addressed (confirmed) the concerns you raised about Arpaio’s Section 144 “legal blunder” (see your May 25th post).

  17. avatar
    justlw July 11, 2015 at 9:02 pm #

    W. Kevin Vicklund: Arpaio’s investigative team, seemingly without exception, are absolutely atrocious at grammar and spelling.

    No kidding — as I was reading Mackiewicz’s November 7th email, I was wondering, “did he use audiotyping software for this? Dictated but not read?”

    they were instead contained data dumps of you relevant computer information
    hours off video feeds

    A lot of this is probably a bad case of DYAC (“Sent from my iPad”), but still… . When I hit Cecillia Wang’s memo, it was like emerging into the sunlight. “Hurrah! People who know how to write still exist!”

  18. avatar
    justlw July 11, 2015 at 9:04 pm #

    Also, I really admire Larry Klayman’s staid and lawyerly demeanor.

    I don’t appreciate your games…there would be no judge if not for me. I suggest you do not mess with Lamberth. There is no
    reason to do so at this time and your games are just to squeeze Dennis through me. I don’t appreciate being played.

  19. avatar
    J.D. Sue July 11, 2015 at 10:01 pm #

    Dr. Conspiracy: Yes, thank you. I was tickled to win a point over Arpaio’s legal team.

    J.D. Sue: Doc, I don’t know if you’ve had time to notice yet, but Judge Snow’s order denying the motion for recusal directly addressed (confirmed) the concerns you raised about Arpaio’s Section 144 “legal blunder” (see your May 25th post).

    —-
    I just want to add that I personally marvel at the Court’s dignity and handling of the attorneys. No sanctions. No public admonishments. But also no failure to point out each and every ridiculous/awful thing Arpaio’s lawyers did. What judicial temperament! The Court is missing nothing, but it doesn’t want to get side-tracked anymore, full steam ahead.

    I expect that Zullo will have to give a deposition soon, if he hasn’t already. That’s probably one of those legal things getting in the way of his universe shattering dark matter.

  20. avatar
    bovril1a July 12, 2015 at 2:39 am #

    H’mmmmm thoughts on L’il Mikey being deposed……

    IIRC, Doc C mentioned that it appears that Casa Zullo in Arizona is no longer Casa Zullo and Zullo has apparently fled the scene oif the crime. If this is fact and Zullo has decamped from AZ to say…Seattle, can Judge Snow compel a deposition etc at that remove…?

  21. avatar
    RanTalbott July 12, 2015 at 5:13 am #

    J.D. Sue: That’s probably one of those legal things getting in the way of his universe shattering dark matter.

    Well, the emails reveal that what’s getting in the way of presenting it is that Montgomery failed to fabricate it.

    I’m guessing, a little sadly, that Snow’s “dignity” will keep him from digging into the juicy details of the CCP scam, since that’s not germane to what appears to be the (attempted) obstruction of justice that was the other part of The Seattle Operation. Not that I wouldn’t love to watch video of Ben Matlock saying, “By the way, Mister Zullo, while I’ve got you under oath…”, but, as Thomas More said in A Man for All Seasons, I think I should keep that wall in place in case I want to stand behind it someday. 😉

    Or am I wrong in thinking it would be considered an inappropriate overreach to say “Since you clowns were trying to prove I was conspiring with the Obama administration, your attempts to discredit Obama are fair game”?

  22. avatar
    RanTalbott July 12, 2015 at 5:15 am #

    bovril1a: If this is fact and Zullo has decamped from AZ to say

    I hear there’s a really nice house up there that should be available to rent. With Zullo as tenant, they wouldn’t even have to clean out the stench of corruption first.

  23. avatar
    Dr. Conspiracy July 12, 2015 at 7:46 am #

    bovril1a:
    H’mmmmm thoughts on L’il Mikey being deposed……

    IIRC, Doc C mentioned that it appears that Casa Zullo in Arizona is no longer Casa Zullo and Zullo has apparently fled the scene oif the crime. If this is fact and Zullo has decamped from AZ to say…Seattle, can Judge Snow compel a deposition etc at that remove…?

    I think so. I’m not an expert but I think that Zullo likely has sufficient ties to Arizona to place him under the Courts jurisdiction.

  24. avatar
    Curious George July 12, 2015 at 9:59 am #

    Hmmmm. Maybe that’s why Zullo said he was going to be far, far away from the Arpaio and Trump rally. Like far, far away in….. Seattle or with his partners in Florida?

  25. avatar
    Pete July 12, 2015 at 11:02 am #

    So has Wing Commander Zullo flown the Maricopa coop? Any indication of his present whereabouts?

  26. avatar
    J.D. Sue July 12, 2015 at 1:19 pm #

    Notorial Dissent: I think it will all eventually come out now that KKKlayman has sufficiently dirtied the waters that they have attracted undo attention to themselves.

    —-
    Arpaio’s four lawyers made a strategic and professional mistake when they agreed to cave into Klaymanesque litigation techniques. They now look like their client is calling all the shots, and that their client is so uncontrollable that he has bullied them into stooping to Klayman’s professionally-humiliating litigation style/direction (lie, say absurd things, attack the judge in a meritless motion, cross ethical lines). Which only goes to show that the client, Arpaio, cannot be controlled–even by a team of purportedly good lawyers– which is not a good thing when the Judge is contemplating what type of action is necessary to get control over him.

  27. avatar
    J.D. Sue July 12, 2015 at 1:48 pm #

    RanTalbott: Or am I wrong in thinking it would be considered an inappropriate overreach to say “Since you clowns were trying to prove I was conspiring with the Obama administration, your attempts to discredit Obama are fair game”?

    —–
    I don’t think that Judge Snow would be interested in birther nonsense unless it somehow became relevant to Arpaio’s contempt of court. I think we’ll just have to enjoy whatever bc-related facts seep into the inquiry.

  28. avatar
    Jim July 12, 2015 at 2:47 pm #

    Looks like Judge Snow is giving Arpaio all he can handle…now would Arpaio be dumb enough to follow his own MO and try to arrest Judge Snow?

    Smart money says no…however, we are talking about a sheriff who thinks he’s invincible.

  29. avatar
    Curious George July 12, 2015 at 4:06 pm #

    Pete
    July 12, 2015

    “So has Wing Commander Zullo flown the Maricopa coop? Any indication of his present whereabouts?”

    That’s a very good question.

  30. avatar
    Dave B. July 12, 2015 at 4:36 pm #

    Good one.

    W. Kevin Vicklund:
    Arpaio’s investigative team, seemingly without exception, are absolutely atrocious at grammar and spelling.My favorite line, from page 25:

    It’s positively divine!

  31. avatar
    RanTalbott July 12, 2015 at 5:08 pm #

    Jim: however, we are talking about a sheriff who thinks he’s invincible.

    We’re also talking about a prosecutor who gets a visit every Law License Appreciation Day from the ghost of Andrew Thomas.

    So, not just “No”, but “Hell, no!!”.

  32. avatar
    bob July 12, 2015 at 11:37 pm #

    Dr. Conspiracy: I think so. I’m not an expert but I think that Zullo likely has sufficient ties to Arizona to place himunder the Courts jurisdiction.

    Basically, if he’s in the judicial district, he could be subpoenaed. If he’s not, there are methods to have another court issue and enforce a subpoena.

  33. avatar
    The Magic M (not logged in) July 13, 2015 at 4:38 am #

    My favourite part from Zullo’s email(s) to Montgomery:

    “Sixteen long months of ZERO s and just empty promises and lip service. Enough…”

    What irony since this perfectly echoes what birthers are saying about Zullo…

    I just can’t believe how they were still hoping Montgomery would deliver any goods after they’ve already been convinced he tried to trick them with his “50+ hard drives” and the data on them.
    I would suspect real law enforcement drops a “witness” like that like a hot potato instead of thinking “fool me thrice, still shame on you but maybe you are a reliable person after all”.
    Did they really think they could use anything from Montgomery in court? Were they willing to hide the fact he misled them several times in order to bolster the credibility of any “evidence” he was yet to produce?

  34. avatar
    justlw July 13, 2015 at 8:11 pm #

    The Magic M (not logged in): Did they really think they could use anything from Montgomery in court?

    It boggles the mind that they spent this much time and money on someone who literally has a Wikipedia page saying, in effect, “This man’s primary source of income is conning government agencies into believing he has zibbits, when in fact he has no zibbits. No zibbits at all. Do not give this man money for zibbits if you are a government agency.”

    I have often mocked Orly for citing Wikipedia in her first birfer lawsuit, but in retrospect, doing so was sheer research brilliance compared to the MCSO/CCP braintrust.

    Seriously. Start typing “Dennis Montgomery” into teh Google. It will autocomplete to a blurb that screams to anyone with a lick of sense: DO NOT GIVE THIS MAN MONEY. You don’t even have to press Enter to see the phrase “…sold federal officials computer programs he claimed…”

  35. avatar
    Benji Franklin July 13, 2015 at 11:24 pm #

    The Magic M (not logged in): I just can’t believe how they were still hoping Montgomery would deliver any goods after they’ve already been convinced he tried to trick them with his “50+ hard drives” and the data on them.

    Oh, I can believe they were still hoping. Remember, Zullo and his posse, HAD NOTHING! Nothing, and no prospect of ANYTHING they could call evidence, from ANY OTHER SOURCE!

    While endlessly telling their Birther fund-donating-fools, they had proof something was criminally fake about the BC posted by the White House – criminality no charging authority agreed existed!

    They had such IMMENSE NOTHING, that they felt they had to promise universe-shattering evidence of new, dark-turn, gut-wrenching criminal activity, and pay over a hundred grand to a con man, TO NOT GET IT!

    Even after he knew he’d been scammed, Zullo still wanted the con man to deliver the promised non-existent evidence the way somebody about to be hanged wants the rope to break.

  36. avatar
    RanTalbott July 14, 2015 at 1:38 am #

    The Magic M (not logged in): I would suspect real law enforcement drops a “witness” like that like a hot potato instead of thinking “fool me thrice, still shame on you but maybe you are a reliable person after all”.

    I dunno: look how long a ride he took the Bushies …

    Nevermind.

  37. avatar
    Notorial Dissent July 14, 2015 at 2:02 am #

    Nobody ever said Zullo was smart or rowing with all his oars in the water, and this would certainly seem to prove that.

    Benji Franklin:
    Even after he knew he’d been scammed, Zullo still wanted the con man to deliver the promised non-existent evidence the way somebody about to be hanged wants the rope to break.

  38. avatar
    Jim July 14, 2015 at 1:46 pm #

    RanTalbott: “So, not just “No”, but “Hell, no!!”.”

    Ok, ok, but I’m pretty sure there’s no way that Arpaio wants this hearing to continue Monday, what are some of the other things he could do to delay and obstruct moving forward?

  39. avatar
    The Magic M (not logged in) July 15, 2015 at 4:30 am #

    Jim: what are some of the other things he could do to delay and obstruct moving forward?

    Don’t see any legal means left. His entire office could go down with a heavy case of the Ebola or something, though. We’re talking about someone who has no shame when it comes to gaming the system. If he’s convinced his re-election chances rise when he’s towed to court in handcuffs, he will make sure that happens.

  40. avatar
    bob July 15, 2015 at 11:23 am #

    Arpaio filed motions both in the district court and the 9th Circuit, asking both courts to stay the proceedings until around July 24, which is when Arpaio anticipates filing in the 9th Circuit a mandate petition asking the 9th Circuit to remove Judge Snow. (Montgomery previously made the same request in the 9th Circuit, and it was denied.)

    I predict there will be no stay, and the judge stays on the case. The July 20 hearing will occur as scheduled.

  41. avatar
    Jim July 15, 2015 at 11:36 am #

    bob: “I predict there will be no stay, and the judge stays on the case. The July 20 hearing will occur as scheduled.”

    Unless Arpaio has another trick up his sleeve before Monday. The man is resourceful.

  42. avatar
    bob July 15, 2015 at 10:51 pm #

    Moseley (on Montgomery’s behalf) filed a notice of appeal. Not presently sure exactly what Moseley/Montgomery is appealing.

  43. avatar
    Keith July 15, 2015 at 11:14 pm #

    The Magic M (not logged in): His entire office could go down with a heavy case of the Ebola or something, though.

    So he just has to arrange that meeting with Orly that he has been dodging?

  44. avatar
    bob July 16, 2015 at 12:14 am #

    bob:
    Moseley (on Montgomery’s behalf) filed a notice of appeal.Not presently sure exactly what Moseley/Montgomery is appealing.

    Moseley/Montgomery is appealing: (1) the denial of Moseley’s PHV application; (2) the striking of Montgomery’s motions to interveve and to disqualify the judge; (3) the denial of Arpaio’s motion to disqualify the judge; and (4) and all the other no-good, very-bad rulings the judge might have made.

  45. avatar
    The Magic M (not logged in) July 16, 2015 at 3:59 am #

    He can appeal (1), but wouldn’t he have to prevail on (1) to be able to appeal (2)? And (3) of course is something he can’t appeal anyway.

  46. avatar
    The Magic M (not logged in) July 16, 2015 at 4:02 am #

    bob: asking both courts to stay the proceedings until around July 24, which is when Arpaio anticipates filing in the 9th Circuit a mandate petition asking the 9th Circuit to remove Judge Snow

    I don’t think a court will stay a case simply because one party says it intends to file some petition somewhere, even if it’s related to the case. The law AFAIK gives that discretion to the judge, and since Snow’s already been very clear that he considers the removal issue a delay tactic and an abuse of the system, he won’t entertain any more of those follies.

  47. avatar
    bob July 16, 2015 at 11:18 am #

    Montgomery can’t appeal the denial of Arpaio’s motion to disqualify, but I’m sure he’ll try. It’ll take at least a year for the court to affirm the court’s denial of Moseley’s PHV application.

    Montgomery could still move to intervene — provided he did it pro se or found a conflict-free attorney. That he doesn’t shows how much this really just about delay, abusing the system, and grandstanding.

  48. avatar
    RanTalbott July 17, 2015 at 7:34 pm #

    Looks like some of the fires under Arpaio have been damped: the L.A. Times is reporting that parts of the federal lawsuit have been settled.

    The “harassment” complaints about government officials and the PNT owners are on the “settled items” list, according to the story. It appears that about the only thing left is the federal analog to Melendres.

    No details on the settlement yet.

  49. avatar
    bgansel9 July 18, 2015 at 8:02 pm #

    RanTalbott: the L.A. Times is reporting that parts of the federal lawsuit have been settled.

    Not surprising. Our county Board of Supevisors has changed quite a lot since the days when Arpaio was harrassing board members. This new group of Board Members seem to be more conservative and more Arpaio friendly. – http://www.phoenixnewtimes.com/news/steve-chucri-denny-barney-are-expected-new-faces-in-maricopa-county-supervisors-races-6642513 (from 2012).

  50. avatar
    bgansel9 July 20, 2015 at 7:00 pm #

    According to information I just found on an Arizona politics Facebook page, Judge Snow ordered Arpaio to stop surveillance on parties involved in the current court case, at the behest of the ACLU:

    “Also, the ACLU asked Judge Snow for some reassurance that Arpaio cease in electronic surveillance with regard to parties involved in the case. Judge Snow told Arpaio’s counsel the assurance of not conducting surveillance with regard to the parties involved in the case was a reasonable request. The ACLU will inform MCSO and Arpaio’s legal representation in writing to request that assurance that surveillance by the MCSO will not happen.” – http://www.somosindependents.com/bad_day_for_tea_party_republican_sheriff_joe_arpaio_at_federal_courthouse