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Live from Phoenix

OK, a little late from Phoenix. From the status conference today in the Melendres case:

  • Larry Klayman did not appear, and Judge Snow did not rule on his pro hac vice application. Klayman is given until the next status conference, August 10, 2015, to answer questions from the Court.
  • The Court Monitors are making arrangements for 20 interviews.
  • One of the hard drives that was supposed to be turned over to the court is in possession of Chief Knight (since last April), who had done some copying from it. The judge ordered that the original hard drive be turned over that in the mean time that it not be connected to anything (where it could be altered).
  • Parties may stipulate that the 50 hard drives are junk to save time.
  • Now we learn there are 3 binders full of something that Detective Mickiewicz gave Chief Knight also.
  • If there is a basis for criminal contempt or criminal referral, it will be made to the U. S. Attorney and the U. S. District Court.
  • ACLU attorney Wang believes that there are new grounds for civil and criminal contempt. A Friday meeting at MCSO a week prior to the IDs and hard drives being seized by U. S. Marshals could be a violation of the Judge’s orders.
  • Former Arpaio attorney Tim Casey will be deposed and prefers that Judge Snow is present.
  • There was a sealed portion of the status conference at the end.
  • Judge Snow ordered a bunch of stuff to be turned over–read his order for details.

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44 Responses to Live from Phoenix

  1. avatar
    john July 31, 2015 at 9:40 pm #

    “Parties may stipulate that the 50 hard drives are junk to save time.”

    I would think Arpaio would want to delay, delay, delay. Stipulate to nothing and let everyone dig through 50 hard drives for the next 6 months to retrieve “Junk”.

  2. avatar
    Bonsall Obot July 31, 2015 at 10:02 pm #

    Thinking not being your strong suit, yes, you would.
    How’s the job hunt going?

  3. avatar
    Pete July 31, 2015 at 11:33 pm #

    john, I think you should recommend that as strategy to him.

    Have you volunteered yet to help Sheriff Joe destroy the evidence?

  4. avatar
    Punchmaster via Mobile July 31, 2015 at 11:53 pm #

    john:
    “Parties may stipulate that the 50 hard drives are junk to save time.”

    I would think Arpaio would want to delay, delay, delay.Stipulate to nothing and let everyone dig through 50 hard drives for the next 6 months to retrieve “Junk”.

    I smell desperation and sore loser on you. You stink of the latter.

  5. avatar
    John Reilly August 1, 2015 at 12:14 am #

    John: I think Arpaio should release the Hayes report and all of the other evidence Arpaio says he has. Come to think of it John, why aren’t you advocating that?

  6. avatar
    RanTalbott August 1, 2015 at 2:04 am #

    Now we learn there are 3 binders full of something that Detective Mickiewicz gave Chief Knight also.

    Betcha it’s women: Romney never coughed his up during the 2012 campaign, and they have to be somewhere.

    One important point missing from your otherwise-excellent summary: while there will be status hearing about every week, the contempt hearing has been postponed to the end of September.

  7. avatar
    tes August 1, 2015 at 2:49 am #

    RanTalbott: One important point missing from your otherwise-excellent summary: while there will be status hearing about every week, the contempt hearing has been postponed to the end of September.

    The postponement occurred back on in May when the joint schedule for briefing on the recusal motion was filed. Judge Snow told parties on July 20 to keep the Sept 22-Oct 2 dates open.

    The “news” today is that — apparently due to the potential trial conflict Sands’ attorney has, Snow ordered parties to keep a bunch of additional dates in October and November open as well.

  8. avatar
    Lupin August 1, 2015 at 3:57 am #

    john:
    “Parties may stipulate that the 50 hard drives are junk to save time.”

    I would think Arpaio would want to delay, delay, delay.Stipulate to nothing and let everyone dig through 50 hard drives for the next 6 months to retrieve “Junk”.

    This is an excellent idea which you should forward to Arpaio at once.

    And remember to campaign/vote for Trump!

  9. avatar
    Delongleggedmackdaddy August 1, 2015 at 10:13 am #

    If there is any Universe Shattering information against Obama, Judge Snow will force Apairo to release it to the public despite the protest of Birthers who are for some reason now against the forced release.

    For years Birthers clamored for the release of what Apairo had against Obama and now they are vehemently against releasing it.

    For years Apairo complained that no one would listen to what he had and now he has a national platform and audience all primed to listen and he is fighting tooth and nail through his legal counsel to keep it secrete.

    You just can’t make this stuff up.

    Funny and odd but true.

  10. avatar
    Delongleggedmackdaddy August 1, 2015 at 10:23 am #

    If there is any Universe Shattering information against Obama, Judge Snow will force Apairo to release it to the public despite the protest of Birthers who are for some reason now against the forced release.

    For years Birthers clamored for the release of what Apairo had against Obama and now they are vehemently against releasing it.

    For years Apairo complained that no one would listen to what he had against Obama and now he has a national platform and audience all primed to listen and he is fighting tooth and nail through his legal counsel to keep it secrete.

    You just can’t make this stuff up.

    Funny and odd but true.

  11. avatar
    Benji Franklin August 1, 2015 at 10:39 am #

    Delongleggedmackdaddy: For years Apairo complained that no one would listen to what he had and now he has a national platform and audience all primed to listen and he is fighting tooth and nail through his legal counsel to keep it secrete.

    Now, let’s be fair. The Birthers have learned over and over again, that you COMPLETELY ruin your case against Obama if you don’t ACTUALLY get over one particular legal hurdle BEFORE you take him to court.

    That legal hurdle for them in every case to date, is the fact that, because there was NO CRIME committed by Obama, they have NO EVIDENCE!

    This is particularly frustrating for Birthers, because, reckoning by their own private theories of law, they can get over that hurdle with their eyes closed.

  12. avatar
    Curious George August 1, 2015 at 12:15 pm #

    john
    July 31, 2015

    “Parties may stipulate that the 50 hard drives are junk to save time.”

    That sure would shoot a huge hole in the bottom of Klayman’s boat. Apparently in a court of law “JUNK” means “JUNK” and is not some special half baked cop word that means something other than “JUNK” according to a pretend cop wannabe speaking on a preacher’s half baked radio show in a backwater little hamlet in Florida. JUNK means JUNK. JUNK is also descriptive of just about everything you write on this board, John.

  13. avatar
    Jim August 1, 2015 at 12:42 pm #

    john:
    I would think Arpaio would want to delay, delay, delay.Stipulate to nothing and let everyone dig through 50 hard drives for the next 6 months to retrieve “Junk”.

    john, I don’t believe you realize the significance of what has happened here…
    1) The court has taken control of the evidence room that Arpaio keeps all his stuff he doesn’t want anybody to know about.
    2) The court has taken control of the hard drive and files that probably have all the info on the Seattle Operation and all the players’ rolls in that conspiracy.
    3) The court has decided it has had enough of Arpaio’s antics…there will be monitor investigations on who knew what when and he was involved
    4) The good ship Arpaio is sinking…and even Klayman knows it. hence, no appearance. Understand? Your great white dope sees there’s nothing they can do to slow this express. GIL HAS QUIT ON ARPAIO!!!
    5) We’ll see how close this comes to a felony conspiracy charge…and Arpaio had better hope Montgomery kicks the bucket soon.

    Have fun and stock up on the popcorn john…the mighty has fallen

  14. avatar
    Notorial Dissent August 1, 2015 at 1:01 pm #

    Benji Franklin: That legal hurdle for them in every case to date, is the fact that, because there was NO CRIME committed by Obama, they have NO EVIDENCE!

    That’s kind of like the not having any real evidence thingy, isn’t it????

  15. avatar
    Curious George August 1, 2015 at 1:55 pm #

    • “The Court Monitors are making arrangements for 20 interviews.”

    I suspect that may include a whose who of the birther movement connected to Korporal Z who may have knowledge about the Seattle operation and the alleged plot to discredit a U.S. District Court. This may become very interesting.

  16. avatar
    Pete August 1, 2015 at 2:29 pm #

    Jim:
    3) The court has decided it has had enough of Arpaio’s antics…there will be monitor investigations on who knew what when and he was involved

    ————————

    [From report on Friday’s status conference:] “The Court Monitors are making arrangements for 20 interviews.”

    Interesting.

  17. avatar
    Pete August 1, 2015 at 8:57 pm #

    He also noted that [monitor] Warshaw had spoken last week about a secret July 17 meeting, where defense counsel, Sheridan and others met.

    At that meeting, the subject of the 1,500 IDs came up, and there was an instruction given by defense counsel that the existence of the IDs should “not be volunteered” to the monitor.

    “That violates my orders,” Snow observed. “And it does so in a very direct way.”

    Snow said that he did not want to create another issue for the civil contempt hearings now underway, or schedule a new civil contempt hearing on the matter.

    “But there appear to be direct violations of my orders,” Snow said, adding, “if I must refer this for criminal contempt, I will do so.”

    It sounds like Snow is a bit reluctant to refer the matter for criminal contempt.

    I wonder just what it’s going to take for Joe to earn his pink boxers.

  18. avatar
    bgansel9 August 2, 2015 at 2:03 pm #

    Pete: I wonder just what it’s going to take for Joe to earn his pink boxers.

    No pink boxers for Joe. Prisoners don’t wear those in federal penitentiaries.

  19. avatar
    Curious George August 2, 2015 at 7:10 pm #

    Pete:
    “It sounds like Snow is a bit reluctant to refer the matter for criminal contempt.”

    After reading the transcripts it looks to me like Snow is just getting his ducks in a row before he lowers the boom. With 20 more interviews to be done, Snow will be able to fine tune any potential referral, IMHO.

  20. avatar
    Pete August 2, 2015 at 8:19 pm #

    Hopefully so.

  21. avatar
    Dr. Conspiracy August 2, 2015 at 9:21 pm #

    Joe spent the morning in jail:

    http://www.kpho.com/story/29687114/sheriff-joe-jailed-in-az-humane-societys-lock-in

    bgansel9: No pink boxers for Joe. Prisoners don’t wear those in federal penitentiaries.

  22. avatar
    RanTalbott August 2, 2015 at 9:50 pm #

    Dr. Conspiracy: Joe spent the morning in jail:

    Well, they do say that you should get in some practice before you have to do it for real…

  23. avatar
    Dr. Conspiracy August 5, 2015 at 8:58 pm #

    Mackiewicz discusses the relative size of the male member of Sheriff Arpaio and Judge Show in a telephonic interview with the Phoenix New Times. I can’t believe I’m reading this:

    http://www.phoenixnewtimes.com/news/arpaios-seattle-detective-under-criminal-investigation-has-choice-words-for-judge-snow-7543437

  24. avatar
    Pete August 5, 2015 at 11:27 pm #

    Oh, my.

  25. avatar
    J.D. Sue August 6, 2015 at 3:37 am #

    Oh dear.

  26. avatar
    Keith August 6, 2015 at 3:51 am #

    Lions and Tigers and Bears. Oh my!

  27. avatar
    Arthur August 6, 2015 at 9:27 am #

    Mackiewicz’s vulgarity and his obvious contempt for civil rights, demonstrate how Arpaio’s leadership has affected the MCSO.

  28. avatar
    CarlOrcas August 6, 2015 at 10:38 am #

    Dr. Conspiracy:
    Mackiewicz discusses the relative size of the male member of Sheriff Arpaio and Judge Show in a telephonic interview with the Phoenix New Times. I can’t believe I’m reading this:

    http://www.phoenixnewtimes.com/news/arpaios-seattle-detective-under-criminal-investigation-has-choice-words-for-judge-snow-7543437

    Stunningly stupid…..which probably explains his involvement in this mess.

  29. avatar
    Pete August 6, 2015 at 12:38 pm #

    I had wondered how Zullo the Clown was getting along with the real detectives in Sheriff Arpaio’s office. I guess I didn’t quite have the whole picture until now.

  30. avatar
    Pete August 6, 2015 at 12:43 pm #

    “It’s about time someone sticks up for their f—ing selves,” [Detective Brian Mackiewicz] said, “and tells this judge exactly where to go.”

    This about sums up the attitude of Joe Arpaio and the MCSO to the authority of US federal laws and US federal law enforcement.

  31. avatar
    RanTalbott August 6, 2015 at 1:36 pm #

    Loved this quote from Mackiewicz in the PNT story:

    Every time I would lose faith in [Montgomery], he would come up with something that you couldn’t look past

    Maybe MCSO should require their detectives to watch a few “long con” movies as part of their training.

    This could get interesting, too:

    What about flow charts and timelines from the investigative files, wherein Snow’s name is mentioned?

    “Dennis Montgomery did all that on his own,” Mackiewicz said. “He provided us with documentation that he thought would prove to us that Snow was up to no good.”

    But the MCSO never asked for it, he claimed, and did nothing with it.

    So, the MCSO had what they thought was evidence of high-level federal corruption, involving a judge issuing rulings against them in an ongoing case, and they just sat on it for over a year?

  32. avatar
    Crustacean August 6, 2015 at 1:40 pm #

    It’s an attitude that has existed in the Western United States since way back when the robber barons showed up, called themselves ranchers, and set about turning the landscape into a cow-burnt dust bowl.

    I suppose you could call it the Cliven Bundy Syndrome. Bundy and his like-minded cohorts think that Article I, Section 8, Clause 17 of the US Constitution says the federal government is only entitled to own ten square miles of land (seriously, that’s some “John” level logic right there!). Since 1979, when Nevada passed their “Sagebrush Rebellion Act,” declaring that federal public land was now the property of the state, a group called the American Legislative Exchange Council has been helping other Western states (Utah, Wyoming, Arizona, New Mexico) craft their own Sagebrush Rebellion Acts.

    Today, 27 percent of all state legislatures are members of ALEC, and to say this is not a conservation group would be an understatement; its corporate advisory board includes ExxonMobil, Altria, and Koch Industries. All they want is to put the land in the hands of folks who will allow private interests to profit from the exploitation of natural resources, with the public paying the costs. Now, is that too much to ask? I mean, they’re just simple, honest, hard-working cowboys. Right?

    Pete: This about sums up the attitude of Joe Arpaio and the MCSO to the authority of US federal laws and US federal law enforcement.

  33. avatar
    bob August 6, 2015 at 4:35 pm #

    Dr. Conspiracy:
    Mackiewicz discusses the relative size of the male member of Sheriff Arpaio and Judge Show in a telephonic interview with the Phoenix New Times.

    I sense a theme here; from three months ago: Joe Arpaio Stooge’s Adventures in Seattle and His Interest in “Swollen” Genitalia.

  34. avatar
    Crustacean August 6, 2015 at 5:20 pm #

    “These are seasoned pros that are working this. These are the guys that go hunt down the really bad guys.” ~Mike Zullo, February, 2014

    I’d hate to see how the unseasoned amateurs at the MCSO act…

    bob: I sense a theme here; from three months ago: Joe Arpaio Stooge’s Adventures in Seattle and His Interest in “Swollen” Genitalia.

  35. avatar
    tes August 6, 2015 at 8:07 pm #

    Unless MCSO acts fast, there’s a good chance of another whooping tomorrow.
    https://www.scribd.com/doc/273770062/Melendres-1216-D-Ariz-2-07-cv-02513-1216

  36. avatar
    Benji Franklin August 6, 2015 at 9:07 pm #

    RanTalbott: So, the MCSO had what they thought was evidence of high-level federal corruption, involving a judge issuing rulings against them in an ongoing case, and they just sat on it for over a year?

    More like, ‘the MCSO needed a shadowy never-ending ‘investigation’ going on and on and on, as a fundraising vehicle to keep the Birthers happy and excited enough to keep donating money, by making the Birthers think the ‘investigation’ was about Obama identity fraud. That concentration of NOTHING, no real investigation AND no EVIDENCE of any Obama WRONG-DOING showing up, was never revealed to the Birther ARMY. Instead, constant progress was reported – never-ending progress with accumulated court-worthy evidence gradually approaching zero as a limit.

    Faced with abject failure on their initial swing at Obama, Zoo Low’s clown posse were easily distracted, probably hypnotized, by any delusional bait held out by Montgomery. Such lures would seem so much more real to them than the hokey story they were putting over themselves on the Birthers. Since what they were involved in was just a fund-raising game that they thought would never be examined closely LEGALLY, they could have easily and carelessly drifted into serious law violations.

    Now, to convince the judge that they were not going after him, they are going to have to claim that their lengthy ‘investigation’ was actually aimed at Obama. When their political Birther bent comes out in court, and the classic Birther unprofessional and pointless extra-legal anti-Obama thrust of the whole initiative is exposed, capped EARLY-ON by the county attorney’s notification to the Sheriff’s office that nothing they had was evidence of a crime, the misuse of the Sheriff’s office will become wonderfully apparent.
    What person in law enforcement will condone the methodology of their ‘investigation’?

    I don’t see how they all stay out of prison with this one.

  37. avatar
    J.D. Sue August 6, 2015 at 9:17 pm #

    tes: Unless MCSO acts fast, there’s a good chance of another whooping tomorrow.
    https://www.scribd.com/doc/273770062/Melendres-1216-D-Ariz-2-07-cv-02513-1216


    Here’s a curious sentence: “Defendants shall further identify and have present or available telephonically any knowledgeable representatives from the other state agency referenced by Defendants in the July 31, 2015 sealed hearing.”

  38. avatar
    Dr. Conspiracy August 7, 2015 at 1:35 am #

    That “developing circumstances” part sounds interesting.

    tes: Unless MCSO acts fast, there’s a good chance of another whooping tomorrow.

  39. avatar
    RanTalbott August 7, 2015 at 3:43 am #

    Benji Franklin: Now, to convince the judge that they were not going after him, they are going to have to claim that their lengthy ‘investigation’ was actually aimed at Obama.

    Mankiewicz just told Lemons that it was about the alleged identity theft, and the Snow-related info was something Monty did on his own, on the side.

    Zullups have been telling us all along that the “second criminal investigation” (or maybe “second, criminal, investigation”) was not about the BC. At least most of us (including me) have assumed that the “50 hard drives” were supposed to have intercepted communications about the Grand Conspiracy to Get Joe™, but maybe they were supposed to contain info about something else. Like, say, some alphabet agency hacking bank records.

    Keep in mind that, whether by accident or design, none of the emails released so far have contained any specifics about what Monty was failing to deliver (although there was a vague reference suggesting that he was supposed to give Zullo some magic software that would find something incriminating in the PDF).

    Maybe Arpaio was satisfied that he had the dirt he wanted on Snow, and was following the ID theft trail in hopes of making a big splash for his re-election campaign.

  40. avatar
    tes August 7, 2015 at 4:26 am #

    Actually, Mackiewicz’s Nov 7 email pretty specifically states that the 50 Hard Drives relate to the CIA’s harvesting of personal information (bank fraud/identity theft, etc.) – imho – when he states “Our experts also determined that much of the information that Dennis Montgomery has alleged that was harvested by the federal government in violation of the fourth amendment protections cannot be sourced for validity based on the information contained in the 50 hard drives Dennis Montgomery provided. . . . ..”

    (https://www.scribd.com/doc/271194289/ at p 17)

    (That sentence doesn’t specifically reference CIA – but Mackiewicz states that Montgomery said his info came from the CIA in the second paragraph when he says “Dennis Montgomery represented the hard drives contained classified and sensitive information that he obtained while working at either eTreppid, or Blixware on behalf of federal government as a CIA contractor.”)

    … however, it may be that info re: “other issues” were also included in the hard drives as well … only time will tell …

  41. avatar
    RanTalbott August 7, 2015 at 5:03 am #

    tes: Actually, Mackiewicz’s Nov 7 email pretty specifically states that the 50 Hard Drives relate to the CIA’s harvesting of personal information

    Ah, but it says “classified and sensitive information”, not “personal information”.

    I interpret that as more likely meaning something like “intercepted communications”. Your other posts suggest that you’ve spent more time going over the documents than I have, so you may be interpreting it based on clues elsewhere that I missed.

    But we’re both just guessing here, and could both turn out to be wildly wrong. I just wanted to make the point that the available information is too sketchy to draw solid conclusions, and, as you said, “only time will tell” with any certainty.

  42. avatar
    bob August 7, 2015 at 6:36 pm #

    Arpaio, etc., filed a writ petition in the 9th Circuit, seeking Judge Snow’s removal.

    Same ole, same ole.

  43. avatar
    RanTalbott August 7, 2015 at 7:25 pm #

    Dr. Conspiracy: That “developing circumstances” part sounds interesting.

    There’s a clue to what it might mean: “The Monitor is to provide all parties, specially-appearing non-parties, and the Court with any written communication between the Monitor and Counsel for Defendants on which the request for expedited hearing is based.”

    My guess is that MCSO refused to either:
    a. cough up something that Warshaw requested, claiming it’s privileged/proprietary/classified, or
    b. give Warshaw access to an evidence closet where they’re keeping some skeletons unrelated to the case.

    Warshaw probably asked the judge to rule on whether his order covers the specific item(s) they’re withholding.