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BR: Montgomery granted immunity

“Would the FBI grant a ‘con man’ immunity?”

Image result for dennis montgomeryA Birther Report headline is not always accurate or informative, and the latest one there, “Report: Sheriff Joe’s Informant & CIA Whistleblower Granted Immunity; so Much for Con Man Label?” by Sharon Rondeau, provides more heat than light about Sheriff Joe Arpaio’s confidential informant, Dennis Montgomery (pictured right).

So what is this grant of immunity? It’s vague, and the source is Montgomery’s attorney, Larry Klayman. According to an August 21, 2015 discovery hearing transcript in the Montgomery v. Risen defamation lawsuit (Montgomery is suing NY Times writer James Risen for calling him a con man). Klayman cited a letter from the US Attorney granting immunity for some documents Montgomery agreed to provide them. This is what Klayman said:

After [Magistrate Judge Jonathan] Goodman asked if a contract was executed defining Montgomery’s ownership or rights to the information, Klayman responded that “There is a document that was produced.  It’s a letter prepared by the U.S. attorney on behalf of the Justice Department, which says that, in effect, Mr. Montgomery has immunity for turning this over in terms of the documentation.”

The immunity (and I haven’t seen the US Attorney’s letter) appears to be limited in scope to one set of documents.

At issue in the Risen case is whether Montgomery is indeed a con man, and whether or not he sold bogus software to the government to find alleged Al Qaeda messages hidden in bar codes in Al Jazeera broadcasts. Naturally that software would be of interest in the discovery process, and despite a motion by Klayman to stay discovery of this software, Judge Goodman ordered September 3 that the software be produced to defendants. Judge Goodman said:

The evidence is highly relevant. In fact, it is critical.

The BR headline seems to imply that a grant of immunity means innocence. That’s actually backwards. Immunity is granted typically in exchange for something the government wants that might be incriminating. It’s not something granted because the government has great faith in an informant.

The following is something that would never be allowed into the Wikipedia, but I thought it interesting. It is an affidavit of Tim Blixseth, someone who did business with Montgomery. Blixseth said:

After reviewing … recent testimony … of Dennis Montgomery … and recently discovered emails … I am certain that Montgomery … engaged in an extensive scheme to defraud the U. S. Government, other Governments, and banks, and private lenders ….

On May 15, Defendants filed a special motion to dismiss under Anti-SLAPP statutes and for a stay of discovery. I found the argument that the Washington State Anti-SLAPP law should prevail in a Florida lawsuit informative; however, the special motion was later withdrawn after the Washington State Anti-SLAPP was ruled unconstitutional under the Washington State Constitution by the Washington State Supreme Court.

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42 Responses to BR: Montgomery granted immunity

  1. avatar
    Curious George September 7, 2015 at 12:13 pm #

    Didn’t Mike Zullo write an email to Montgomery (aka David Webb?) that said Zullo’s organization paid $10,000 for information from Montgomery and Zullo got nothing from Montgomery. Hmmmm. Sounds like all the people who donated funds to Zullo’s investigation and got……what did they get?

  2. avatar
    Rickey September 7, 2015 at 3:05 pm #

    Before arriving at any conclusions I would like to see the letter, because neither Klayman nor Rondeau can be trusted to tell the truth.

    I couldn’t help but notice that Klayman uses the weasel term “in effect,” which means that you can almost be assured that the letter does not include the word “immunity.”

  3. avatar
    Dr. Conspiracy September 7, 2015 at 5:20 pm #

    I suppose it might be admitted into evidence.

    Rickey: Before arriving at any conclusions I would like to see the letter,

  4. avatar
    Northland10 September 7, 2015 at 8:05 pm #

    Dr. Conspiracy:
    I suppose it might be admitted into evidence.

    Larry entered nothing from the FBI, as a notice or evidence. At the hearing, he provided nothing but his word. He claimed there was some letter, but he never produced it.

    As for the BR article, their headline claims immunity was granted while the only mention of immunity was the title, “Would the FBI Grant a “Con Man” Immunity?” Maybe I missed it but she never mentioned immunity in the article and never quoted Klayman that the FBI granted immunity. According to the transcript, the only thing they granted, if Larry is to be believed, is Montgomery’s right to the software.

    The transcript is an attachment to the following:

    https://www.scribd.com/doc/277293736/Montgomery-v-Risen-111-w-Exhibits

  5. avatar
    CarlOrcas September 7, 2015 at 9:08 pm #

    Curious George: . Hmmmm. Sounds like all the people who donated funds to Zullo’s investigation and got……what did they get?

    Screwed?

  6. avatar
    Rickey September 7, 2015 at 9:32 pm #

    Here is the relevant portion of the transcript, in context. I don’t see anything which looks like immunity in the usual sense, namely an agreement not to prosecute in return for cooperation. It looks like what Klayman really was talking about was the FBI agreeing to let Montgomery have access to the unclassified portions of what he turned over to the FBI.

    THE COURT: And before this happened, given that the Defendants in this case had been repeatedly seeking this particular software and there was litigation over the discoverability and litigation and arguments raised about the secret nature, or alleged secret nature, or classified nature of this material, did you give the Defendants in this case advanced notice that you were going to be turning over this material to the FBI?

    MR. KLAYMAN: We did not because this was not something that was done with the confidentiality, the cloak of confidentiality, but we did arrange, Your Honor, with the FBI that we do have continuing access. Mr. Montgomery has continuing access to documentation which is not classified, or otherwise sensitive and privileged with regard to the government. So if there is anything that we need from what was turned over, it is still accessible to Mr. Montgomery.

    THE COURT: So I mean, this arrangement that you just explained to me, especially this continuing access, is there a written document outlining Mr. Montgomery’s rights to this information, a memorandum of understanding, an agreement, a contract, something?

    MR. KLAYMAN: There is a document that was produced. It’s a letter prepared by the U.S. attorney on behalf of the Justice Department, which says that, in effect, Mr. Montgomery has immunity for turning this over in terms of the documentation.

    THE COURT: Well, that is a little bit different than saying he has continuing access.

    MR. KLAYMAN: Well, this is an agreement that we do have. Okay. It could be for anything that is not classified.

    THE COURT: So he has, according to you, continuing access to nonclassified information?

    MR. KLAYMAN: Correct, which has yet to be determined.

    THE COURT: I understand, but he wouldn’t have continuing access to classified information.

    MR. KLAYMAN: I would assume that’s the case. I don’t think anybody should have access to that.

  7. avatar
    Pete September 7, 2015 at 10:02 pm #

    Curious George: Sounds like all the people who donated funds to Zullo’s investigation and got……what did they get?

    Assurances.

  8. avatar
    Notorial Dissent September 8, 2015 at 12:05 am #

    To say KKKlayman is ethically challenged is kind of like saying the Titanic sunk, an exercise in understatement. Taking his word for anything is a fast trip to nowhere.

  9. avatar
    Punchmaster via Mobile September 8, 2015 at 12:20 am #

    I always snicker, when birthers come to the wrong conclusion, like this. It makes their outrage all the sweeter, when things take a turn they did not foresee, due to said erroneous conclusion.

  10. avatar
    Notorial Dissent September 8, 2015 at 2:33 am #

    Or just goes to the obvious inevitable and ultimate conclusion that never dawned on them even though it was right there in front of them.

    Punchmaster via Mobile:
    I always snicker, when birthers come to the wrong conclusion, like this. It makes their outrage all the sweeter, when things take a turn they did not foresee, due to said erroneous conclusion.

  11. avatar
    Northland10 September 8, 2015 at 9:18 am #

    Notorial Dissent:
    To say KKKlayman is ethically challenged is kind of like saying the Titanic sunk, an exercise in understatement. Taking his word for anything is a fast trip to nowhere.

    Elsewhere in the transcript, there was a fun exchange. Klayman, in this case, has been claiming the software is classified which was his reason for the 11th hour turnover to the FBI. It was noted, however, that the court in Nevada found it was not classified which, I believe, resulted in returning the product to Montgomery. Klayman/Moslely cited that ruling in an appeal to the 9th Circuit from the Arizona case. When the court pointed this out, Klayman claimed that he was not involved in writing the appeal brief.

    If Klayman/Montgomery continue to stonewall, I’m hoping that little exchange with the magistrate judge gets more scrutiny.

  12. avatar
    Notorial Dissent September 8, 2015 at 9:46 am #

    KKKlayman’s method of law practice, make it up as you go along, stall, stall, stall, and do a real tap dance routine regularly. Curiously none of it ever really works.

  13. avatar
    Rickey September 8, 2015 at 10:11 am #

    Punchmaster via Mobile:
    I always snicker, when birthers come to the wrong conclusion, like this. It makes their outrage all the sweeter, when things take a turn they did not foresee, due to said erroneous conclusion.

    They have been doing that since Berg v. Obama was docketed on 10/30/08. A response was due by 12/1/08 and the birthers thought it meant that Obama was going to have to produce his birth certificate by the response date.

    But being wrong repeatedly has never dissuaded the birthers. We have our own birther John as evidence of that.

  14. avatar
    Dr. Conspiracy September 8, 2015 at 10:47 am #

    There was a dispute over discovery in the Risen. Klayman tried to use the fact that he had turned over 60 pages of documents which was ALL he would need at trial to make his case. The judge accepted that claim and said that nothing else would be allowed from the Plaintiff. So if the letter hasn’t been turned over, it won’t be admitted in evidence.

    It is interesting that the issue of Montgomery’s residence continues to be raised both in the Risen and ACLU lawsuits. Montgomery has not disclosed to the court his Florida address. His voter registration in Florida was mailed from Washington just three days prior to filing the Risen lawsuit.

    Northland10: Larry entered nothing from the FBI, as a notice or evidence. At the hearing, he provided nothing but his word. He claimed there was some letter, but he never produced it.

  15. avatar
    Dr. Conspiracy September 8, 2015 at 11:09 am #

    This exchange appeared at BR on the Montgomery immunity article:

    Dr. Conspiracy: Oh, this is priceless. When confronted with charges of fraud in another lawsuit, Montgomery pled the 5th Amendment.

    https://www.scribd.com/doc/268422728/Montgomery-v-Risen-77-Reply-re-MTD-S-D-Fla-1-15-cv-20782-77

    farleftlibnutjob: montgomery was the plaintiff in the link

    you idiotic dolt

    try to do something right, you incompetent lib tard fool obot piece of shit

    Robca: Dr Con Job likely couldn’t see straight to see that the link named Montgomery as a plaintiff and that’s because he has had his lips pressed so tightly to Obama’s butt for too long!

    Geir Smith: Dr Obot’s a trailer trash poor whitey licking up to the local black hoods hanging out in his trailer smoking dope and kicking white arse. Dr Loser. This is a mental issue of self-hatred. Schizophrenic case of loss of self-value.

    Dr. Conspiracy: You really ought to read the material before you call someone an idiot. If you follow the link I provided, you will find on Page 8:

    “Given that he [Montgomery] chooses not to defend invocation of his Fifth Amendment right when confronted with his fraud in a prior lawsuit…”

    So given the link, you didn’t read it, and you just guessed which lawsuit, and then had the audacity to call ME an idiot.

    An apology would be helpful for your immortal soul. It wouldn’t matter to me.

  16. avatar
    Benji Franklin September 8, 2015 at 11:46 am #

    Punchmaster via Mobile: I always snicker, when birthers come to the wrong conclusion, like this. It makes their outrage all the sweeter, when things take a turn they did not foresee, due to said erroneous conclusion.

    Yes. It would make hilarious reading to gather a (large) sample of Sharon Rondeau’s bizarrely conclusive article themes from her “newspaper”.

    Illustrating the point, here’s one I’m waiting for from Sharon, which would not be very surprising to long time observers any more, and which would be accepted as credible by much of the Birffer Nation:

    Publishing of the following news release was delayed until the Dumb-AS-A-Post & He Male could confirm that a hook-shaped cloud had been sighted near Knoxville, TN, and that there were fewer discarded soft drink cups in Alabama gravel road ditches than seemed to have been there a year ago.

    Absence of Obama’s image next to bison in 32,000 year old prehistoric cave paintings on the walls of Chauvet Cave in France indicate that pre-planning for the mainstream media’s conspiracy of silence to cover up his Presidential ineligibility began AT LEAST that long ago, started in the predominately left-wing artist community, and confirms the reality of long standing treason against the United States by all things French.

  17. avatar
    Lupin September 8, 2015 at 11:56 am #

    Benji Franklin: Absence of Obama’s image next to bison in 32,000 year old prehistoric cave paintings on the walls of Chauvet Cave in France indicate that pre-planning for the mainstream media’s conspiracy of silence to cover up his Presidential ineligibility began AT LEAST that long ago, started in the predominately left-wing artist community, and confirms the reality of long standing treason against the United States by all things French.

    I have no idea what you are talking about. It is obvious that this image from the Chauvet cave…

    http://cdn.youthkiawaaz.com/wp-content/uploads/2014/10/20/nameless-and-faceless-heroes/Chauvet-caves.jpg

    …portrays Obama, Michelle (note the trannsexual silhouette) & their two daughters. Obama clearly wears a skirt, which means he is gay and I’m sure they’re praying towards mecca, which means he is a muslim. The reddish color is a hint that he is indeed a commie.

    Boy, those cavemen were prescient.

  18. avatar
    bob September 9, 2015 at 6:57 pm #

    The FBI/USDOJ respond.

  19. avatar
    Rickey September 9, 2015 at 9:20 pm #

    bob:
    The FBI/USDOJ respond.

    A couple of things stand out.

    Montgomery was given “production immunity,” which means that he cannot be prosecuted over the contents of the hard drives which he turned over to the FBI. This is limited immunity and would not appear to have any relevance to the hard drives which Montgomery gave to the MCSO.

    And Klayman lied to the judge in Montgomery v. Risen when he claimed that he told the FBI and DOJ about the civil litigation. No surprise there.

  20. avatar
    Curious George September 9, 2015 at 11:19 pm #

    Rickey
    “Montgomery was given “production immunity,” which means that he cannot be prosecuted over the contents of the hard drives which he turned over to the FBI.”

    Read the letter carefully. Look at the purported contents of the hard drives.

  21. avatar
    Notorial Dissent September 10, 2015 at 12:01 am #

    Why anyone would assume that KKKlayman lying to a judge was anything new or unexpected is beyond me. Now telling the truth, meeting deadlines, complying with judicial orders, that would be surprising. I still don’t see what he is getting out of all this.

  22. avatar
    The Magic M (not logged in) September 10, 2015 at 3:33 am #

    The sneaky rat. He probably thought turning the stuff over to the FBI and claiming lots of it were “classified” would stall the (Melendres?) case indefinitely since the FBI would first demand to sift through everything before turning it over to a civil court.

  23. avatar
    Northland10 September 10, 2015 at 7:47 am #

    Notorial Dissent:
    I still don’t see what he is getting out of all this.

    Another opportunity to harass people.

  24. avatar
    bob September 10, 2015 at 11:06 am #

    Northland10: Another opportunity to harass people.

    Montgomery is attempting to hide the evidence from Risen (and everyone else). Montgomery handed over 47 hard drives, claimed there was classified material someone on them, and is gambling the FBI won’t not disclose their contents to Risen (or anyone else who might want to test Montgomery’s program or is otherwise interested in their contents).

  25. avatar
    Rickey September 10, 2015 at 11:25 am #

    I agree with Bob. In the Risen case Montgomery was ordered to produce his software, but now he claims that the software is on the hard drives that he gave to the FBI (if you believe that he actually turned those hard drives over without making copies).

  26. avatar
    Rickey September 10, 2015 at 11:26 am #

    Curious George:

    Read the letter carefully.Look at the purported contents of the hard drives.

    I’m not sure what your point is.

  27. avatar
    Curious George September 10, 2015 at 1:47 pm #

    Rickey
    September 10, 2015
    Curious George:

    Read the letter carefully.Look at the purported contents of the hard drives.

    I’m not sure what your point is.

    The letter makes reference to the purported contents of the hard drives:

    “…the FBI took possession of forty-seven computer hard drives from your client that purportedly contain evidence of the above-referenced violations.” (Page 2&3)

    Earlier in the letter it states:

    “While we have no general objection to establishing a procedure by which Mr. Montgomery may receive copies of the files he has produced, please be advised that the Government may not return to any citizen items which are determined to be contraband, i.e. presently classified information, child pornography, etc.” (Page 2)

    Are we to assume that these two statements are connected? Are there more violations than “presently classified information” contained on the drives?

    What do you think Rickey?

  28. avatar
    Rickey September 10, 2015 at 10:20 pm #

    Curious George:

    Earlier in the letter it states:

    “While we have no general objection to establishing a procedure by which Mr. Montgomery may receive copies of the files he has produced, please be advised that the Government may not return to any citizen items which are determined to be contraband, i.e. presently classified information, child pornography, etc.” (Page 2)

    Are we to assume that these two statements are connected?Are there more violations than “presently classified information” contained on the drives?

    What do you think Rickey?

    I could be wrong, but I got the impression that it was more of a general statement than than a hint that they had found something on the hard drives. I’m not sure that the FBI has even started to review the hard drives yet.

  29. avatar
    Curious George September 11, 2015 at 7:18 am #

    Rickey

    “I could be wrong, but I got the impression that it was more of a general statement than than a hint that they had found something on the hard drives. I’m not sure that the FBI has even started to review the hard drives yet.”

    You’re most likely correct.

  30. avatar
    The Magic M (not logged in) September 11, 2015 at 8:48 am #

    Rickey: In the Risen case Montgomery was ordered to produce his software, but now he claims that the software is on the hard drives that he gave to the FBI

    I missed that detail: did he hand the drives over after being ordered to produce in Risen? If so, isn’t there a law against that? At least contempt of court? I can’t believe you can game the court system by simply packing everything you’re told to hand over inside terabytes of crap, send it to the FBI and claim “there’s classified stuff in there”.

  31. avatar
    gorefan September 19, 2015 at 12:35 am #

    Tes at Fogbow posted Notice from the plaintiffs in the Arpaio contempt case. It includes snippets of depositions from Deputy Anglin and others.

    http://www.scribd.com/doc/281930787/Melendres-1365-Plaintitfs-Notice-of-Supp-Auth-Depo-Excerpts

  32. avatar
    Rickey September 19, 2015 at 5:28 pm #

    gorefan:
    Tes at Fogbow posted Notice from the plaintiffs in the Arpaio contempt case.It includes snippets of depositions from Deputy Anglin and others.

    http://www.scribd.com/doc/281930787/Melendres-1365-Plaintitfs-Notice-of-Supp-Auth-Depo-Excerpts

    Timothy Casey: “Hogwash.” (describing Montgomery’s information)

  33. avatar
    Dr. Conspiracy September 19, 2015 at 5:36 pm #

    My favorite was Sgt. Anglin’s testimony about a text message from Mike Zullo (presumably about the alleged Snow conspiracy): “Hell, I would wear a dress and ruby slippers all year if we can prove this.”

    Rickey: Timothy Casey: “Hogwash.”

  34. avatar
    gorefan September 19, 2015 at 7:53 pm #

    Dr. Conspiracy:
    My favorite was Sgt. Anglin’s testimony about a text message from Mike Zullo (presumably about the alleged Snow conspiracy): “Hell, I would wear a dress and ruby slippers all year if we can prove this.”

    Sounds like Zullo was running the January 2nd, 2014 and all of the Montgomery stuff. His deposition is going to be interesting.

  35. avatar
    RanTalbott September 19, 2015 at 9:14 pm #

    My favorite is the revelation that they were given the background info on Monty at the 2JAN14 meeting:
    a. It only suggests that they hadn’t done the check that Zullo used to ward off contrary evidence by insisting it was a prerequisite, but
    b. it proves that they knew nearly the whole time that they were dealing with someone with a history of fabricating evidence.

    It doesn’t answer the question of whether they continued to pursue the judge-related line, though. We’ll have to wait for more revelations, which might or might not support their claim that they were really just following the part about county residents having their personal info stolen.

  36. avatar
    RanTalbott September 19, 2015 at 9:31 pm #

    gorefan: His deposition is going to be interesting.

    I do hope he gets asked about who was paying him.

    If it does turn out that he was deep into both sides of the Seattle Operation, and not just the birfering part, it also makes it much more likely that we’ll find out how he got hooked up with Monty in the first place.

  37. avatar
    Curious George September 20, 2015 at 12:24 pm #

    Where was Zullo going to buy that dress and ruby red slippers? I can just imagine a picture of Dorothy from the Wizard of Oz, photoshopped with a picture of Mike Zullo’s head. Ohh what a delightful thought!

  38. avatar
    Bonsall Obot September 20, 2015 at 4:48 pm #

    Curious George:
    Where was Zullo going to buy that dress and ruby red slippers?

    At least one horrible person is spreading the story on the internet (some say in this very post) that he already owns the outfit and wears it lounging around the house, waiting for the “proof” so he has an excuse to run outside in his finery.

  39. avatar
    Curious George September 20, 2015 at 6:14 pm #

    Bonsall Obot
    September 20, 2015
    Curious George:
    Where was Zullo going to buy that dress and ruby red slippers?

    “At least one horrible person is spreading the story on the internet (some say in this very post) that he already owns the outfit and wears it lounging around the house, waiting for the “proof” so he has an excuse to run outside in his finery.”

    Is it a poofy dress or a retro dress with an empire waist?

  40. avatar
    Keith September 21, 2015 at 1:10 am #

    Curious George: Where was Zullo going to buy that dress and ruby red slippers?

    Probably in Portland, Oregon – on the way back from Seattle. Or maybe San Fransisco. Or maybe he thought he needed a trip to Jakarta to check out the kindergarten records and thought that a Sydney stop over made sense.

  41. avatar
    Keith September 21, 2015 at 1:11 am #

    Bonsall Obot: At least one horrible person is spreading the story on the internet (some say in this very post) that he already owns the outfit and wears it lounging around the house, waiting for the “proof” so he has an excuse to run outside in his finery.

    Oh. I see.

    Is that the one that he got at the J. Edgar Hoover estate sale then?

  42. avatar
    Bonsall Obot September 21, 2015 at 9:59 am #

    Keith: Oh. I see.

    Is that the one that he got at the J. Edgar Hoover estate sale then?

    Sure, that works, why not?