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Mike Zullo takes the 5th

imageMike Zullo is under subpoena in the Melendres v. Arpaio lawsuit to provide copies of certain emails to and from certain persons (Dennis Montgomery and MCSO staff) and documents regarding the investigation of public officials and their families. Zullo was to turn over all of the material to Defense counsel on October 16, so that they could review it for any privileged material before turning to over to the Plaintiffs.

According to court documents filed today, Zullo has done this and 3,649 pages of documents have been turned over to the Plaintiffs, but he has also raised objections regarding some of the material not yet turned over, citing the 4th and 5th Amendments, and “due process protections.” In the mean time, Zullo is looking for a lawyer although he is not a party to the Melendres lawsuit. Judge Snow will ultimately rule on the production of those other materials. See this note on the 5th Amendment and document production.

I’m not going to speculate in this article about what potentially incriminating information exists in MCSO and Dennis Montgomery emails. It might even be a delaying tactic cooked up by the Defense.

Zullo’s deposition is scheduled to start on October 23.

The protections of the 5th Amendment apply to both the guilty and the innocent. We certainly know how the lack of information is used used to infer guilt when there is no guilt from listening to birthers. However, I will infer “juicy” from the invocation of the 5th.

Trivia: In legal parlance, invoking the 5th Amendment is called “taking the nickel.”

Read more:

Update:

As expected, Zullo’s lack of representation has delayed his deposition.

67 Responses to Mike Zullo takes the 5th

  1. avatar
    Northland10 October 20, 2015 at 10:07 pm #

    J.D. Sue: —
    Then I guess a birther would have to conclude that makes her a prime suspect for the creation of Obama’s false identity. Someone better call Zullo.

    He’s the master investigator. Because of his investigation, someone has invoked their 5th amendment privilege.

    https://www.scribd.com/doc/286173701/Melendres-1478-Notice-Re-Zullo-Production

    Undersigned defense counsel is in possession of additional material that Mr. Zullo has provided as being responsive to the subpoena.Defense counsel has conducted a review of this additional material, also. However, undersigned defense counsel is being prohibited by Mr. Zullo from producing any additional materials due to the Fourth Amendment, Fifth Amendment and due process protections that Mr. Zullo believes may apply to him and the production of these additional materials. Moreover, undersigned defense counsel is informed that Mr. Zullo is seeking counsel to represent him.

    I’m pretty sure the folks at BR were hoping it was Obama invoking the 5th, not Zullo.

    H/T Tes.

  2. avatar
    Pete October 20, 2015 at 10:21 pm #

    I wonder how often people invoke the Fifth Amendment when they are not actually guilty of a crime?

  3. avatar
    Rickey October 20, 2015 at 10:51 pm #

    Pete:
    I wonder how often people invoke the Fifth Amendment when they are not actually guilty of a crime?

    There is a thing called a “perjury trap” which prosecutors have been known to set. A witness answers a question, the prosecutor doesn’t like the answer and charges the witness with perjury. If you think that could happen to you, taking the fifth might be your better choice.

  4. avatar
    J.D. Sue October 20, 2015 at 10:57 pm #

    Northland10: defense counsel is being prohibited by Mr. Zullo from producing any additional materials due to the Fourth Amendment, Fifth Amendment and due process protections that Mr. Zullo believes may apply to him and the production of these additional materials.

    —-
    Wow.

  5. avatar
    Dr. Conspiracy October 20, 2015 at 11:05 pm #

    I’ve been reading up on the 5th Amendment protection vis-a-vis document production. For all of the MCSO emails, and the Montgomery emails, I think he will have to produce them. If it involves communication with someone else about the Obama investigation perhaps not because disclosing them would be testifying that they exist, and that might trigger the privilege.

    What will be interesting is to hear the argument Zullo’s lawyer makes for non-production.

    I’m sure the judge will figure it out.

  6. avatar
    CarlOrcas October 20, 2015 at 11:15 pm #

    J.D. Sue: —-
    Wow.

    That’s exactly what I thought.

    Zullo is probably in more trouble than we even imagined.

  7. avatar
    CarlOrcas October 20, 2015 at 11:21 pm #

    Dr. Conspiracy: What will be interesting is to hear the argument Zullo’s lawyer makes for non-production.

    I find it interesting that Zullo hasn’t managed to engage a lawyer. I assume its a money problem but you would think some good Republican lawyer would step up to help him…..unless he’s talked to a few and they’ve decided to pass.

  8. avatar
    Curious George October 21, 2015 at 12:41 am #

    CarlOrcas: That’s exactly what I thought.

    Zullo is probably in more trouble than we even imagined.

    That may very well be, however this may also be just another maneuver by the defense to prevent or delay the release of Zullo’s documents. Regardless, this could not look any worse for the star actor in the Universe Shattering evidence caper and the president’s birth certificate investigation. It’s amazing that Zullo is taking the Fifth and all those rascally Obots are freely and openly speaking their opinions about this debacle. It looks like Zullo is up to his eyeballs in this mess.

  9. avatar
    Andrew Vrba, PmG October 21, 2015 at 12:50 am #

    Well, in birther circles, pleading the fifth is considered the same as admitting guilt of something.

  10. avatar
    roadburner October 21, 2015 at 4:42 am #

    Andrew Vrba, PmG:
    Well, in birther circles, pleading the fifth is considered the same as admitting guilt of something.

    shame they didn’t apply that criteria to Larry klayman

  11. avatar
    Bob October 21, 2015 at 8:50 am #

    Zullo should flee the country while he still has the chance.

  12. avatar
    Dr. Conspiracy October 21, 2015 at 8:51 am #

    The very fact that Zullo is looking for a lawyer NOW rather than a month ago argues in favor of the delay theory. Certainly if I had such a subpoena, I would have gotten a lawyer immediately–not to protect myself from incrimination, but to see what I could do to protect the privacy of others.

    Curious George: That may very well be, however this may also be just another maneuver by the defense to prevent or delay the release of Zullo’s documents.

  13. avatar
    Reality Check October 21, 2015 at 9:02 am #

    Think of the all star team of Birther attorneys that could be lined up for Zullo:

    Orly Taitz, Phil Berg, Stephen Pidgeon, Van Aryan, Larry Klayman, and Mario Apuzzo.

    On second thought, Zullo should just shoot himself and get it over with (that’s a joke son).
    .

    CarlOrcas: I find it interesting that Zullo hasn’t managed to engage a lawyer. I assume its a money problem but you would think some good Republican lawyer would step up to help him…..unless he’s talked to a few and they’ve decided to pass.

  14. avatar
    Nancy R Owens October 21, 2015 at 9:10 am #

    *Chiming in for the record*

    Hmm…

  15. avatar
    CarlOrcas October 21, 2015 at 11:05 am #

    Curious George: That may very well be, however this may also be just another maneuver by the defense to prevent or delay the release of Zullo’s documents.Regardless, this could not look any worse for the star actor in the Universe Shattering evidence caper and the president’s birth certificate investigation. It’s amazing that Zullo is taking the Fifth and all those rascally Obots are freely and openly speaking their opinions about this debacle.It looks like Zullo is up to his eyeballs in this mess.

    As usual….too clever by half.

  16. avatar
    Jim October 21, 2015 at 11:16 am #

    CarlOrcas: That’s exactly what I thought.
    Zullo is probably in more trouble than we even imagined.

    IDk about Zullo, but as much as he was communicating with Arpaio, Zullo could be the smoking gun the plaintiffs need to put that final nail in old Joe’s pink underwear.

  17. avatar
    bob October 21, 2015 at 12:48 pm #

    Reality Check:
    Orly Taitz, Phil Berg, Stephen Pidgeon, Van Aryan, Larry Klayman, and Mario Apuzzo.
    .

    Objection! None of them are barred in Arizona — but Berg isn’t even a lawyer (any more).

  18. avatar
    CarlOrcas October 21, 2015 at 12:53 pm #

    Jim: IDk about Zullo, but as much as he was communicating with Arpaio, Zullo could be the smoking gun the plaintiffs need to put that final nail in old Joe’s pink underwear.

    Wouldn’t that be sweet?

  19. avatar
    J.D. Sue October 21, 2015 at 2:22 pm #

    Re Lemon’s article, funny that he compares Zullo to G. Gordon Liddy, since the latter’s son is former counsel to Arpaio in this matter.

  20. avatar
    dunstvangeet October 21, 2015 at 5:00 pm #

    My question is the 4th Amendment is usually a search-and-seizure. Being a public agency (to avoid filing the 990 form), isn’t this all public record, and therefore not under the 4th Amendment? Or has Zullo actually given up all pretense on his cold-case posse that its an actual law enforcement investigation?

  21. avatar
    bob October 21, 2015 at 5:09 pm #

    dunstvangeet:
    My question is the 4th Amendment is usually a search-and-seizure.Being a public agency (to avoid filing the 990 form), isn’t this all public record, and therefore not under the 4th Amendment?Or has Zullo actually given up all pretense on his cold-case posse that its an actual law enforcement investigation?

    It is just belt-and-suspenders lawyering; the notice should have also alleged violations of the 8th, 9th, 10th, and Eleventeenth Amendments.

    Perhaps Zullo (via counsel) will articulate the basis better at some future point, but I’m guessing he’s trying to argue being compelled to turn over documents to the court constitutes an illegal search or seizure.

  22. avatar
    RanTalbott October 21, 2015 at 7:02 pm #

    Dr. Conspiracy: The very fact that Zullo is looking for a lawyer NOW rather than a month ago argues in favor of the delay theory.

    But, under the “Never ascribe to malevolence that which is adequately explained by incompetence” rule, we need to keep in mind that Zullo may well have believed he’d get any help he might need from Klayman (denied PHV by Snow due to conflicts of interest) or Arpaio’s team (who are probably also making noises about potential conflict of interest now). And, not having previously gotten such help, he wasn’t aware of the (potential) fecality of what he was holding until it was in free flight toward the fan.

  23. avatar
    RanTalbott October 21, 2015 at 7:37 pm #

    dunstvangeet: Being a public agency (to avoid filing the 990 form), isn’t this all public record, and therefore not under the 4th Amendment?

    My understanding is that they only claim to be “affiliated with” a public agency, not to actually be one.

    But even public agencies can have non-public info that’s prtoected by the 4th. If you give your secret barbecue sauce recipe to the FDA to prove there’s no plutonium in it, you wouldn’t want them blabbing it to your competition. Zullo may be claiming that some of the info is covered by attorney-client privilege, or non-disclosure agreements that the plaintiffs would have to show cause in order to breach.

    I’ll take a wild guess that he’s pleading the Fifth because he didn’t know at the time that the Seattle Operation might be considered obstruction of justice. If he fell for what Monty the Python was feeding him, he might have thought he was doing A Good Thing™.

    Or maybe not, given his other reprehensible actions. We really need to wait for more info before drawing conclusions.

  24. avatar
    J.D. Sue October 21, 2015 at 7:57 pm #

    Plaintiffs have filed notice that they are serving Jones Skelton with a subpoena to produce the withheld Zullo docs. http://www.scribd.com/doc/286353801/Melendres-1482-P-Subpoena-to-Jones-Skelton

  25. avatar
    CarlOrcas October 21, 2015 at 8:22 pm #

    J.D. Sue:
    Plaintiffs have filed notice that they are serving Jones Skelton with a subpoena to produce the withheld Zullo docs.http://www.scribd.com/doc/286353801/Melendres-1482-P-Subpoena-to-Jones-Skelton

    Interesting situation for Jones-Skelton. Are they obligated to fight for Zullo and how much, how far?

  26. avatar
    Keith October 21, 2015 at 10:14 pm #

    Dr. Conspiracy:
    http://www.phoenixnewtimes.com/news/joe-arpaios-investigator-mike-zullo-invokes-5th-7759810

    Interesting bit from Lemon’s article…

    [blockquote]
    “There are questionable legalities about whether [invoking the Fifth Amendment] would be honored in a civil proceeding,” Pochoda explained, “as opposed to a criminal trial where there would not be any sanctions against the person. Here, the court might well find it’s not proper…because it’s not a criminal proceeding.”

    What sort of documents might expose Zullo to criminal liability?
    [/blockquote]

  27. avatar
    J.D. Sue October 21, 2015 at 11:23 pm #

    CarlOrcas: Interesting situation for Jones-Skelton. Are they obligated to fight for Zullo and how much, how far?

    —-
    I think the issue at this point is not about an obligation “to fight” for Zullo. Indeed, they said Zullo is getting another attorney. And, though they didn’t say it expressly, it’s apparent that he needs another attorney because there is now a conflict of interest between Zullo and Arpaio.

    I think the question on the table is whether Jones Skelton has an obligation to produce those documents or an obligation to withhold them.

  28. avatar
    Keith October 21, 2015 at 11:30 pm #

    J.D. Sue: I think the question on the table is whether Jones Skelton has an obligation to produce those documents or an obligation to withhold them.

    I smell another delaying action…

    I wonder if they have been reading John’s advice columns on “SCOTUS Tactics for the legally insane” or CRJ’s book “The Art of SCOTUS War”?

  29. avatar
    RanTalbott October 21, 2015 at 11:34 pm #

    Keith: What sort of documents might expose Zullo to criminal liability?

    Emails or memos discussing the possibility of using Monty’s “dirt” to blackmail Snow, instead of turning it over to the proper authorities. Even if they were just joking, it might be taken out of context.

    An admission that they believed they were getting illegally-obtained info, if there wasn’t some sort of immunity deal going on with the Feds who would prosecute.

    A revelation of something hinky being done with CCP or MCSO finances (an off-the-books donation? Buying coke or hookers to keep Monty happy?).

    An email or letter from one of the attorneys warning them that something they were doing/planning was illegal (establishing mens rea).

    An email agreeing to meet at the evidence locker so they could hide the hard drives from the court.

    There were several things they did, or we suspect they did, that were at least “dicey”, given the benefit of hindsight. Some of which might be classified as “okay”, “forgivable”, or “reprehensible” based largely on their state of mind at the time.

    I’m skeptical of Pochoda’s skepticism: Zullo is at risk of sanctions and/or criminal referral along with the others if it’s determined he participated in their bad behavior. If there really is incriminating stuff in that pile, he shouldn’t be forced to reveal it just because it’s a civil trial (unless he’s given immunity, or the statute of limitations has expired). That would open a massive hole in Fifth Amendment protections. Let’s say you wanted to nail a bookie. You sue him for disturbing the neighbors with late-night phone ringing, and compel him to produce his betting records in discovery, “to prove he really was getting those calls”. Then the neighbors magically decide “Ehh, it wasn’t that big a nuisance” and drop the suit. But, Oops!, now he’s on the hook for a gazillion felonies, proven by his compelled revelation.

    I’ve said on multiple occasions that I believe Zullo’s actions show that he’s been bilking the birthers, and he ought to be prosecuted for it. But not by stomping on the Constitution, even if there’s no other way to do it.

  30. avatar
    RanTalbott October 21, 2015 at 11:48 pm #

    J.D. Sue: I think the question on the table is whether Jones Skelton has an obligation to produce those documents or an obligation to withhold them.

    Given that anything that implicates Zullo probably also implicates Arpaio, I suspect they have an obligation to resist.

    Isn’t the standard procedure that there’s supposed to be some sort of hearing to determine the validity of the defense claims? It seems to me that what they’re asking for is a sort-of “partial quashing” of the original subpoena.

  31. avatar
    CarlOrcas October 22, 2015 at 12:12 am #

    J.D. Sue: —-
    I think the issue at this point is not about an obligation “to fight” for Zullo.Indeed, they said Zullo is getting another attorney. And, though they didn’t say it expressly, it’s apparent that he needs another attorney because there is now a conflict of interest between Zullo and Arpaio.

    I think the question on the table is whether Jones Skelton has an obligation to produce those documents or an obligation to withhold them.

    “Fight” is a non-lawyer’s term so I guess the more lawyerly question is….given the conflict who are they obligated to serve and how does withholding the material fulfill (or not fulfill) that obligation?

    And….how long kind Zullo play the “I don’t have a lawyer” card? What happens if he pleads poverty and says he can’t afford one?

  32. avatar
    J.D. Sue October 22, 2015 at 1:25 am #

    CarlOrcas: “Fight” is a non-lawyer’s term so I guess the more lawyerly question is….given the conflict who are they obligated to serve and how does withholding the material fulfill (or not fulfill) that obligation?

    And….how long kind Zullo play the “I don’t have a lawyer” card? What happens if he pleads poverty and says he can’t afford one?


    Lawyers “fight” for their clients, but Arpaio is their client–not Zullo. Zullo will be getting another attorney to fight for him, or he will have to fight for himself.

    Whether they have to turn over the docs is a complicated question, not easily answered without more information and research. Regardless, I expect the deposition to proceed on Friday.

  33. avatar
    The Magic M (not logged in) October 22, 2015 at 9:00 am #

    Undersigned defense counsel is in possession of additional material that Mr. Zullo has provided as being responsive to the subpoena.

    Two questions:

    1. What the … does defense counsel have to do with the Zullo subpoena? He is not their client (and can’t be, due to conflict of interest).
    So why are they taking Zullo’s stuff into their possession?
    Do I get the impression Zullo asked them for legal advice and they told him he could plead the Fifth with regard to some materials (again raising the conflict of interest question)?
    Why does defense counsel even allow that impression to be created? Shouldn’t they stay off witnesses’ legal issues like the plague?

    2. If defense counsel actually has that stuff in their possession, does the Fifth even apply? Zullo may have a case to withhold stuff in his possession from release by pleading the Fifth, but is that binding for third parties in possession of said documents?

  34. avatar
    Reality Check October 22, 2015 at 9:34 am #

    Mike Dunford at the Fogbow raised an interesting point that the attorneys from Jones and Skelton have not made any appearance on behalf of Zullo in the Melendres case. When Stephen Lemons asked Masterson outside the court if they were representing Zullo he said yes. I would expect something quickly from Judge Snow on this.

  35. avatar
    Rickey October 22, 2015 at 1:30 pm #

    CarlOrcas:

    And….how long kind Zullo play the “I don’t have a lawyer” card? What happens if he pleads poverty and says he can’t afford one?

    In a civil matter, he has no recourse unless he can find an attorney who is willing to represent him pro bono. He does not have a constitutional right to an attorney in what is currently not a criminal matter.

    I’m sure that there are attorneys in Phoenix who are willing to do pro bono work, but I can think of good reasons why they would not want to touch Zullo with a ten-foot pole.

  36. avatar
    Andrew Vrba, PmG October 22, 2015 at 3:09 pm #

    I imagine this almost cartoonish scenario, with Klayman offering his services and Zullo shreiking “Oh GOD no! You’ll get me the death penalty, and i’m not even on trial here!”
    I know. Completely removed from reality, but it made me laugh just the same.

  37. avatar
    Curious George October 22, 2015 at 3:25 pm #

    Zullo takes the 5th and Sharon Rondeau gets an exclusive quote from Posse Man, Mike Zullo. Hmmmm. I thought we would only hear all new, breaking information first from unofficial Cold Case Posse press spokesman, Pastor Carl Gallups. Is Carl getting cold feet and now trying to distance himself from Mikey?

  38. avatar
    RanTalbott October 22, 2015 at 3:43 pm #

    Curious George: Is Carl getting cold feet and now trying to distance himself from Mikey?

    Or is Mikey realizing that getting together with his fellow exaggerator created a feedback loop that wrote some checks their body of non-evidence couldn’t cash? Remember that the plaintiffs put one of his Free Dumb Friday appearances on their list of Stuff We Want Zullo to ‘Splain.

    Another possibility is that Rondeau has a peculiar notion of what constitutes an “exclusive”, having claimed to have gotten a couple at a time when Zullo was enthusiastically deep-throating every microphone put in front of him. If the news were good, Zullo would probably have Carl and that DC cab driver on hold while he was giving her an “exclusive”.

  39. avatar
    Andrew Vrba, PmG October 22, 2015 at 5:17 pm #

    I think Carl is too busy praying very hard, that he’ll not be name-dropped.

  40. avatar
    CarlOrcas October 22, 2015 at 5:41 pm #

    Rickey: In a civil matter, he has no recourse unless he can find an attorney who is willing to represent him pro bono. He does not have a constitutional right to an attorney in what is currently not a criminal matter.

    I’m sure that there are attorneys in Phoenix who are willing to do pro bono work, but I can think of good reasons why they would not want to touch Zullo with a ten-foot pole.

    Yes, I know he won’t get a public defender and, I guess, if he can’t afford anyone the judge would have to let him represent himself.

    But, bottom line, I suspect you’re right: Even the wildest eyed Republican lawyer in the state doesn’t want to get sucked into this mess.

  41. avatar
    Dr. Conspiracy October 22, 2015 at 5:46 pm #

    Plaintiffs have served a subpoena on the Defense in the Melendres case for production of the Zullo material being withheld.

    “Documents received from Michael Zullo and withheld from production in the above-captioned litigation, as described in Exhibit A, Dkt. 1478, Notice of Partial Compliance with Subpoena Served on and Lack of Authority to Accomplish Additional Production From Michael Zullo, page 2 (“Undersigned defense counsel is in possession of additional material that Mr. Zullo has provided as being responsive to the subpoena.”)”

    http://images.phoenixnewtimes.com/media/pdf/aclusubpoena.pdf

  42. avatar
    Dr. Conspiracy October 22, 2015 at 6:05 pm #

    Under the subpoena, Zullo was to submit the material to the Defense counsel for review to see if there is any material protected by Attorney/Client privilege. The Defense was then to pass the material (less privileged stuff) to Plaintiffs. Defense is holding up passing some of the material that Zullo claims is protected. So Defense has ALL of the Zullo material, including what Zullo claims 5th Amendment protection for.

    That is why the new subpoena is directed at the Defense, because they have the material.

    The Magic M (not logged in): 1. What the … does defense counsel have to do with the Zullo subpoena? He is not their client (and can’t be, due to conflict of interest).

  43. avatar
    Dr. Conspiracy October 22, 2015 at 6:18 pm #

    And it all very much depends what is IN those documents, something we don’t know. I can construct, I believe, fantasy Zullo documents that would be protected.

    J.D. Sue:
    Whether they have to turn over the docs is a complicated question, not easily answered without more information and research.

  44. avatar
    RanTalbott October 22, 2015 at 6:35 pm #

    Dr. Conspiracy: I can construct, I believe, fantasy Zullo documents that would be protected.

    Careful: last time you created a fantasy document, you wound up being accused of forgery in the Supreme Court 😉

  45. avatar
    Dr. Conspiracy October 22, 2015 at 8:54 pm #

    This one shall remain a thought experiment.

    I was not accused of forgery, but rather accused of researching what went into each field of a 1961 Hawaiian birth certificate. For that I was loosely associated with the forgery because Vogt thought that the information I published on the blog was used in forging Obama’s birth certificate; however, the Obama birth certificate has accuracy beyond what I knew back when I did my reconstruction of what I thought the long form might look like. For example, I didn’t know the name of the doctor, I didn’t know the name of the registrar, I didn’t know Obama Sr’s age, and I didn’t know the race coding scheme.

    Vogt’s accusation is silly when you think about it, because he also accused officials at the Department of Health, and they could look at all the birth certificates they wanted, to find out what was on authentic copies. Vogt’s putative forger wouldn’t need me for anything.

    RanTalbott: Careful: last time you created a fantasy document, you wound up being accused of forgery in the Supreme Court

  46. avatar
    The Magic M (not logged in) October 23, 2015 at 6:26 am #

    Dr. Conspiracy: Under the subpoena, Zullo was to submit the material to the Defense counsel for review to see if there is any material protected by Attorney/Client privilege.

    Thanks.

    Can defense counsel and Zullo now start playing games, like counsel returning the stuff to Zullo who then hands it over to another attorney etc.?

  47. avatar
    Curious George October 23, 2015 at 8:37 am #

    Dr. Conspiracy:

    That is why the new subpoena is directed at the Defense, because they have the material.

    ….And because the Defense has a history of playing fast and loose providing material to the Plaintiffs.

  48. avatar
    Curious George October 23, 2015 at 2:32 pm #

    According to a Lemons’ tweet, there was no Zullo deposition today. Zullo still can’t find anyone to represent him. Call for Orly Taitz, your services are needed!

  49. avatar
    J.D. Sue October 23, 2015 at 6:10 pm #

    Dr. Conspiracy: Certainly if I had such a subpoena, I would have gotten a lawyer immediately–not to protect myself from incrimination, but to see what I could do to protect the privacy of others.

    —-
    I like that in you, Doc. I’ve actually had that experience, and did the same. Cost me a lot to go through an ugly process. But, throughout, I was able to continue to look myself in the mirror, while successfully protecting those who relied upon my confidence. Which in the final analysis, is priceless. Just sayin.

  50. avatar
    J.D. Sue October 23, 2015 at 6:38 pm #

    Dr. Conspiracy: And it all very much depends what is IN those documents, something we don’t know.

    —-
    Correct. There’s no way to know if there is even a shred of basis to Zullo’s assertion that these constitutional rights are somehow at risk should the docs be produced—this is the guy who thinks he has “more than” probable cause that Obama’s whole life is a fraud or whatever, and this is the guy willing to wear a dress and ruby slippers if only he and Oz could prove it.

    When I daydream about this, I imagine Larry Klayman whispering in Zullo’s ear (or maybe in Zullo’s email inbox) about how this is all unconstitutional and how everybody needs to stick together …

  51. avatar
    Pete October 23, 2015 at 8:53 pm #

    Curious George: According to a Lemons’ tweet, there was no Zullo deposition today. Zullo still can’t find anyone to represent him. Call for Orly Taitz, your services are needed!

    I wouldn’t recommend Orly.

    If he’s going to use Orly for a defense attorney, Mikey might just as well go ahead and plead guilty to any and all crimes that he might conceivably be accused of.

    .
    .
    .

    “Let me feenish!”

  52. avatar
    Dr. Conspiracy October 23, 2015 at 9:31 pm #

    I hear that Mackiewicz took the nickel too.

  53. avatar
    Pete October 23, 2015 at 11:14 pm #

    Hardly surprising, since he’s already under criminal investigation.

    This whole “investigation” (and the MCSO in general) hardly seems to be a paragon of legality and virtue.

  54. avatar
    Curious George October 26, 2015 at 10:32 am #

    Mike Zullo gets more press attention. It’s not looking good. Hat tip to Fogbow.

    http://www.12news.com/media/cinematic/video/74597470/why-arpaios-favorite-posse-member-matters/

  55. avatar
    Pete October 26, 2015 at 11:05 am #

    “Zolus” is referred to in the URL above as Arpaio’s “favorite posse member,” yet the sheriff couldn’t even get his name right. What does that say about Arpaio?

  56. avatar
    Curious George October 26, 2015 at 11:11 am #

    Pete,

    “What does that say about Arpaio?”

    The stress is causing him to be very forgetful.

  57. avatar
    Curious George October 26, 2015 at 5:46 pm #

    There is some talk at Fogbow that Zullo, in a telephonic conference with judge Snow is working on possible representation by a Georgia attorney. Searching for “Georgia birther attorney” gives this result:

    http://www.examiner.com/article/birther-attorney-loses-ga-state-primary

  58. avatar
    Curious George October 26, 2015 at 5:52 pm #

    And we also have this:

    https://en.wikipedia.org/wiki/Mark_Hatfield_(Georgia_politician)

  59. avatar
    gorefan October 26, 2015 at 6:46 pm #

    Curious George:
    Georgia attorney

    Another candidate is former federal prosecutor, former congressman Bob Barr.

    Arpaio went to Georgia and endorsed Barr in the 2014 Congressional election. Barr lost.

    At the time Falcon at BR said that Arpaio, Zullo, Barr and a friend of Falcon’s had dinner together in Georgia.

    “Zullo and Arpaio know that Obama was listed as a foreign exchange / foreign status student. They had dinner with Bob Barr and my friend attended that dinner and sat at the same table – they revealed to Barr and my friend that they had him nailed on the foreign status. I also revealed that about three years ago. ”

    “Obama can not use Executive Privilege to cover his crimes and seal his identity. I get the impression that the ‘legal hurdle’ is about challenging the Resident’s authority to break the law.”

    http://www.birtherreport.com/2015/09/veteran-journalist-i-saw-obamas.html#J5KCUzd5FKbmeouP.99

  60. avatar
    Reality Check October 26, 2015 at 7:10 pm #

    What’s the matter Mike? Aren’t there any decent attorneys in Arizona? As long as you are going out of state I can think of a certain attorney from Orange County, CA who doesn’t have a heavy case load at the moment.

  61. avatar
    CarlOrcas October 26, 2015 at 7:31 pm #

    Curious George:
    Mike Zullo gets more press attention.It’s not looking good. Hat tip to Fogbow.

    http://www.12news.com/media/cinematic/video/74597470/why-arpaios-favorite-posse-member-matters/

    How long will Judge Snow let Zullo jerk the court around with his “I’m looking for an attorney” nonsense?

  62. avatar
    gorefan October 26, 2015 at 10:09 pm #

    gorefan: Bob Barr is also a buddy of Larry Klayman.

    Klayman represented Barr in a lawsuit against Bill Clinton and James Carville

    http://caselaw.findlaw.com/us-dc-circuit/1054631.html

    They lost in the district court and on appeal.

    Speculation – Zullo calls Klayman, Klayman recommends Barr.

  63. avatar
    Dr. Conspiracy October 26, 2015 at 10:11 pm #

    Maybe he’s not looking for a decent attorney.

    Reality Check: What’s the matter Mike? Aren’t there any decent attorneys in Arizona?

  64. avatar
    Keith October 26, 2015 at 10:57 pm #

    Pete: “Zolus” is referred to in the URL above as Arpaio’s “favorite posse member,” yet the sheriff couldn’t even get his name right. What does that say about Arpaio?

    Arpaio: “Zullo?… Zullo? Ya mean Mike Zullo? I thought you were talking about Andreas Zulos, my barber. He knows just how I want my hair to look. I’m gonna recommend him to The Donald next time I see him, right after he appoints me Director of the FBI. You should look him up too, you’re looking a bit shaggy at the back there. Andreas will fix you up no problem. Just last week he was saying that he could use use a couple of new high profile clients ’cause his rent is going up at his shop. No, no, no, no thanks thanks necessary. I’m happy to hook you up. He deserves your bizness, he’s always done right by me. Look here, I gotta couple of his cards you can have. Hey Judge Snow, you want one too? I really don’t want him to lose his shop, ’cause finding good new tenants in the current economy is a bit tough, you know what I mean? Listen… um… what was the question? Zillar? Whose Zillar?

  65. avatar
    CarlOrcas October 26, 2015 at 10:58 pm #

    Dr. Conspiracy:
    Maybe he’s not looking for a decent attorney.

    I think you are on to something.