Just when you thought it was safe to breathe the air of rationality, here comes Dennis Montgomery by way of his attorney Larry Klayman to intervene in the Arpaio affair – again.
The Post & Email reports that Klayman filed on behalf of Montgomery, who is not a party to the Arpaio lawsuit, a May 18 emergency motion to expedite his appeal with the 9th Circuit to intervene in the Melendres v. Arpaio case and to have Judge Snow removed. One may wonder just how Montgomery’s ox is gored by Judge Snow’s finding of facts in the Arpaio lawsuit, and Klayman explains:
Judge Snow cannot get from here to there without destroying Dennis Montgomery along the way.
Klayman goes on to expand on that theme:
The Appellant Dennis Montgomery is being falsely portrayed as proof of the mindset of Sheriff Arpaio and others without explanation that his work was unrelated to anything in this case.
So the chart that Montgomery prepared with boxes and arrows connecting Judge Snow with the Department of Justice and others is not related to the case and Sheriff Arpaio’s type-written notes on the back of it are not evidence of his state of mind? You could have fooled me.
Klayman attempts to claim that there is no connection between Maricopa County Sheriff’s Office expenditures on Montgomery and its ability to implement the Court’s order in the Melendres case. However true that may be, the irony is off the charts when we remember that Montgomery himself wrote in an email:
For the amount of money MCSO has spent on the judges court order in the Melendres case, maybe they should have spent some to expose the DOJ and their involvement in Covington.
Klayman goes on to misrepresent the facts when he says:
The refusal to recognize that not everything Dennis Montgomery was working on was about Judge Snow has now led – as Appellant warned – to evermore serious and increasingly unhinged accusations. Although some people inside MCSO didn’t feel the results (on which projects?) met their needs, Judge Snow has leaped to the idea that Dennis Montgomery committed fraud against MCSO. Yet neither Judge Snow nor any of the parties’ counsel ever pinned down which of many different projects Montgomery worked on vague expressions of dissatisfaction were referring to, what the dissatisfaction was, and whether (as is obvious from the documents) there were merely differences of opinion within a large bureaucracy. Judge Snow transformed routine debate typical of any bureaucracy about whether (essentially) a vendor’s output was what they were looking for or not into outrageously false and unsubstantiated charges of fraud.
In fact it was the Sheriff Arpaio’s expert consultants, former NSA employees Drake and Wiebe, who concluded that Dennis Montgomery’s work product was a “total fraud.” Arpaio called it “junk.” I am not aware of any testimony from any MCSO employee who asserted any value to the Montgomery material.
The docket for the case (case number 15-16626) at the 9th Circuit erroneously stated on May 23 that the emergency motion to expedite had been denied. That order has since been vacated. The Court reports that the motion to expedite has been fully briefed and that a separate opinion will follow.
The Court suggests that it is considering hearing the expedited appeal in September, 2016.
- Conflict! Arpaio vs Klayman
- Birds of a feather: Arpaio, Klayman
- Klayman out, DOJ in, Mackiewicz in deep, and more hard drives?
- Melendres case reignites: Will Zullo join Arpaio on the hot seat?
- Arpaio’s bad polling, and Montgomery’s emergency
- Klayman intervenes in Melendres lawsuit
- Other articles about Larry Klayman