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Archive | October, 2015

What is Zullo hiding?

Mike Zullo was presented with a subpoena in the Melendres case, and he produced thousands of pages of documents, but he also suggested that some documents might be protected under the 5th Amendment freedom from self incrimination. So what is Zullo hiding?

All of the Zullo documents were given to attorneys for Arpaio, and a list of withheld documents has entered into the court record. So here is the list in Microsoft Excel format (you can view the document without Excel).

I wanted to get this out as quickly as possible, so I haven’t studied it. Readers should note that “David Webb” is a pseudonym for Dennis Montgomery. I believe that “detmack” is Brian Mackiewicz. “1tick” is Mike Zullo and T_anglin is Travis Anglin of the MCSO. Flynn likely refers to Michael J. Flynn, who at one time was Dennis Montgomery’s attorney.

In the mean time, Judge Snow has denied a request for a 30-day delay from Mike Zullo, saying that Zullo has had enough time already to find an attorney. Zullo wanted the County to pay for an attorney for him, but the County’s position is that it will not. Judge Snow has recognized Mike Zullo’s motion as a request for a “protection order.” For additional information on the legal updates, see the article: “Joe Arpaio’s Birther Buddy Slams Sheriff’s Lawyers” by Stephen Lemons of the Phoenix New Times.

The deposition of Mike Zullo, in which he basically refuses to answer questions without an attorney, again raises the issue of criminal charges against Zullo, an issue raised by Zullo himself. Zullo said:

My position is this is an accusation of criminal wrongdoing and a civil process is being used in light of probable cause.

In the dialog that followed where Zullo refused to answer questions, Zullo did say that his concern refers to a brief from one of the Plaintiff’s attorneys from Covington & Burling, marked in the deposition as Exhibit number 2934, and in particular the footnote to that brief.


Photo courtesy of the Phoenix New Times.

So Zullo is claiming protection from charges related to the Montgomery Affair insofar as Montgomery was allegedly in possession of stolen government data. Here’s the list in text form from 18 U.S.C.:

  • 793(b)-(f) taking or communication of documents relating to national defense
  • 798 disclosure of classified information
  • 1503 intimidation of federal court and obstruction of justice
  • 1509 obstruction of court orders
  • 1924 unauthorized removal of classified information
  • 2511 interception electronic communications
  • 2701 unlawful access to stored communications

Those charges will be hard to prove, given that all the information alleged in that list, according to Arpaio, is junk.


Zullo plays for time

H/t to Sharon Rondeau at The Post & Email. Mike Zullo has finally, himself, filed a motion with the Federal Court in the Melendres case. The Jack Ryan collection at Scribd has the full text of the motion, brought by Zullo, pro se. Zullo wants 30 days in which to convince the County to pay for an attorney, but not the same attorneys who represent Arpaio, attorneys who, writes Zullo, “have violated my constitutional rights.”

Constitutional escalation appears as Zullo adds compromise of his 6th Amendment rights to his prior assertion of the 4th and 5th. Zullo says that an unnamed attorney is assisting him, and is deciding whether to represent him.

Zullo further states that since the County attorneys do not represent him, he does not consent for them to turn over a list of documents for which he claims privilege. No help for Zullo there, as the Court has ordered that the list be turned over, and reportedly this has already happened. Zullo cites US v. Hubbell, 530 U.S. 27 (2000) on the issue of self incrimination through the disclosure of existence of documents.

Zullo claims that “[th]he Plaintiffs and their counsel have threatened me, a witness in this case, with having committed crimes in their pleadings…,” but he does not specify what those crimes are, and I do not know what they are either.

One might reasonably ask why Zullo didn’t get an attorney already, having known about the subpoena for a long time. The answer is that he thought the County was representing him, but that answer is problematic since he says it is obvious that the County attorneys aren’t acting in his interests.


No immunity for Zullo

Stephen Lemons is on hand for the resumption of hearings in the contempt of court proceeding against Joe Arpaio and some of his employees in the Melendres v. Arpaio lawsuit. You can follow Lemons’ updates on Twitter via the hash tag #ArpaioContempt. Two tweets appeared in the last few minutes:

Snow also got hot w/Arpaio attny Michele Iafrate dragging heels on document production. Ordered her2turn over remaining docs


Zullo won’t go on any time soon. refusing 2b deposed without attorney. Defense attnyMcDonald said USAO won’t grant immunity

As the day progressed, it became apparent that the US Attorney’s Office decided that immunity wasn’t “in the cards” for Mike Zullo, and that Judge Snow said was not inclined to grant use immunity for Zullo’s testimony. Further, the County is not going to pay for a lawyer for Mike Zullo. He is on his own.

The Maricopa County Sheriff’s posses have long been in a gray area. Posse members were told in training that they were unpaid employees of the County, but when it came to insurance and posse-related injuries, they were not covered. This may explain why the number of posse members has dropped precipitously. The number of posse members was once reported at 3,000, but today it is below 1,000.


Zullo seeks attorney as Arpaio retaliation claims gain national attention

In court documents made public yesterday by the Phoenix New Times, we learn that Mike Zullo is consulting a so far unnamed Atlanta attorney to represent him in Phoenix. Meanwhile a possibility remains that the Arpaio defense team will be involved in the representation—Judge Snow wrote:

IT IS FURTHER ORDERED that [Arpaio Attorney] Mr. Popolizio must inform the Court within a day if he intends to take the position that he represents Mr. Zullo.

Zullo is claiming protection from disclosure for certain documents and emails that he is under subpoena to produce. Unless Zullo or his attorney files a brief with the Court by October 30, the Court will order them produced. Zullo had claimed to Arpaio’s counsel protection under the 4th and 5th Amendments. Reportedly Melendres defendant Brian Mackiewicz has pled the 5th.

Photo of Mark HatfieldTwo names have been put forward by Zullo watchers as possible identities for the Atlanta attorney. One is former Georgia legislator and birther lawyer Mark Hatfield. Hatfield represented Kevin Powell and Carl Swensson before Judge Malihi in the action taken in Georgia to prevent Obama from being on the Ballot (Farrar v. Obama). I heard Hatfield speak at that hearing, but it was rather brief. Hatfield argued the 2-citizen-parent eligibility theory; however, Hatfield is also on the record in 2010 saying that he did not have enough information to decide whether or not Barack Obama was  born in the United States. His office, however, isn’t in Atlanta.

The second name is Robert Laurence “Bob” Barr, Jr., a former federal prosecutor and member of the US House of Representatives. Barr previously received the endorsement of Sheriff Arpaio in his bid to regain his House seat. Barr was involved with the effort to impeach  president Bill Clinton, and Larry Klayman (who also represents Zullo) represented Barr in a lawsuit against Bill Clinton and James Carville (h/t to gorefan). He was a Libertarian Party candidate for president in 2008, and is a board member of the National Rifle Association.

Commenter gorefan reminds us, too, of a comment by ★FALCON★at Birther Report, around February 21, 2014 linking Zullo and Barr directly:

I got some interesting news today. I have a friend that is an investigator and he had dinner with Zullo, Arapio (sic), and Barr last Thursday night. According to him they did share some of the information they have gathered.

This story is getting continued media attention, even outside Phoenix where it has been almost daily fare. Today a new article from the Associated Press was published at U. S. News and World Report: “Hearings  mark public attempt to confront Arizona sheriff with recurring retaliation claims” with a prominent photo of both Arpaio and Zullo together. The AP story states, “Zullo declined to answer many questions during a deposition and refused to turn over some documents. Snow said he was unlikely to grant immunity.” Other reliable sources believe that the deposition did not take place.

Read More:


Birther national tour

I’ve been trying to piece this story together from comments at BirtherReport. A commenter there under the screen name “systemictreason” left this comment today:

"in re: Natural Born Citizen Party National Committee" 15-XXXX-OP Multi-Circuit
USCA1C notice given
USCA2C pending docketing
USCA3C docketed 15-3463-op
USCA4C notice given
USCA5C docketed 15-41276-op
USCA6C notice given
USCA7C notice given
USCA8C notice given
USCA9C notice given
USCA10C notice given
USCA11C notice given
USCA DCC docketed 15-5251-op
USCA FC notice given

USCA2C clerk office stated Friday that original proceeding should be docketed Monday — they cashed the filing fee check today.

once second circuit dockets case next week, will pick one of Orly case circuits for docketing


As we go along in each of the thirteen USCA circuits — they are acknowledging collectively and individually judicial notice of such related items as Strunk being screwed by the NYSUCS Shack court in Brooklyn,the NBC eligibilty (sic) "Trump Rule",the hand counting of general election ballots "Schulz Rule",the "Kerchner senior military officer elector constitution defender standing Rule"

So it appears that something is being filed around the country by the Natural Born Citizen Party (whose 2016 candidate for president is Christopher Earl Strunk).  They call it the “Multi-Circuit Original Proceeding” which sounds odd for a Circuit Court filing. The document itself lists each of the circuit courts of he United States, and under some (but not all) of them there is a link to a lawsuit filing. The header text of a filing with the  5th Circuit1 mentions “ineligible nomination” and “misprision of treason” (that latter a term that Mr. Strunk brought up on the Mike Volin show when he talked to me). There’s also something about mandamus.

Orly Taitz tried to consolidate some of her cases into a multi-jurisdictional whatchamacallit, but didn’t succeed.

One case listed is Schulz et al v. State of New York et al. That case was filed in 2007 and terminated in 2011 with an order dismissing the complaint for lack of subject matter jurisdiction. It appears that this original case was an attempt to get audit controls, specifically chain of custody of ballots, placed on elections. It had a huge number of plaintiffs and defendants in various states. Another suit mentioned is Strunk et al.  v. Department of State et al.

The Scribd profile constitutionmonitors has 120 documents published.

I’m really having difficulty getting at exactly what is going on, but it appears that the NBC Party wants some kind of order from all of the circuit courts to keep anchor babies from inflating the census, and to keep people who are not natural born citizens from being nominated for president. Beyond that, who knows?


1The 5th Circuit wrote them back saying that filings had to conform to the Federal Rules of Appellate Procedure, not the Federal Rules of Civil Procedure.


Doc back on the air with RC tonight

Realty Check has invited me on his Blog Talk Radio program tonight (Oct. 21) at 9 PM Eastern Time. I’ll be talking about my experience on the Mike Volin Show, and probably a range of other topics in the birther news.

Kevin Davidson, aka Doctor Conspiracy, the owner of the blog returns to RC Radio. Doc has been a frequent guest on RC Radio since the early days. He recently appeared on Mike Volin’s Where’s Obamas Birth Certificate show here on Blog Talk Radio. Doc will review how it went and address some points he was not given time to make during the interview. We will also discuss the upcoming deposition and testimony by Cold Case Posse lead Mike Zullo in the Melendres v Arpaio case in federal court in Arizona.


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