Update: Motion to Intervene denied. See notes at end.
According to Obama Conspiracy Theories sources, confirmed by an article at KJZZ, there is a status conference in the Arpaio lawsuit this morning in Phoenix before judge G. Murray Snow at 9:30 AM PDT. (Read that article for the full story, including comments to KJZZ by attorney Larry Klayman.)
The topic of confidential informant Dennis Montgomery has come front and center in the contempt proceedings against Sheriff Arpaio and other top MCSO officials. Montgomery filed an emergency petition with the 9th Circuit Court of Appeals to stop Judge Snow’s probe into information provided by Montgomery to the Sheriff’s Office—a petition summarily dismissed on May 12. Pending is a motion for intervention before Judge Snow in Phoenix, demanding the return of materials that the court received from the MCSO originally from Montgomery. Again Montgomery, through his attorney Larry Klayman, is also demanding that parts of the testimony of Sheriff Arpaio and Chief Deputy Sheridan gave at a contempt hearing list April be stricken (as untrue) and that Judge Snow remove himself from the case. A ruling on the motion from Montgomery to intervene may come today.
This writer sees no likelihood that the motion to intervene will be granted or if granted that any of the things requested by Montgomery will be ordered.
Why is this important?
- The Dennis Montgomery debacle is evidence that Joe Arpaio is gullible, and calls into question his judgment when evaluating evidence and sources, the same judgment skills he applied to Obama birth certificate claims and that ultimately led Arpaio to believe there was probable cause that Obama’s birth certificate was forged.
- It could lead to more questioning relating to the Cold Case Posse, and possible revelations about money paid to Mike Zullo by the Department
- Information detailing the Montgomery investigation could come to light that defines what the Cold Case Posse was actually doing, while allowing birthers to assume that they were pursuing Obama.
Kudos to Jude Joffe-Block, reporter with KJZZ, who has written several excellent stories on this latest turn in the Melendres case. Her article digs deeper into a concern that I expressed, that of the legality of Montgomery having and disclosing classified material. This from the article:
“Unless the Sheriff’s Office was engaged in a law enforcement operation for which that information was part or relevant, it is unlawful for a public official to receive or possess classified information,” [William Banks, the director of the Institute for National Security and Counterterrorism at Syracuse University] said. “Just as it is unlawful for the so-called consultant, Mr Montgomery, to have in his possession classified information, much less to have taken it himself.”
Status conference notes:
Judge Snow denied Mosley /Klayman / Freedom Watch Application because of conflicts (Klayman and Mosley representing Arpaio in another matter). Montgomery may move for reconsideration through a different attorney.
All Montgomery data dump materials and Seattle materials will continue to be reviewed by Court Monitors. Mosley was invited to participate in Status Conference today telephonically but did not call into the court.
A letter was sent to the CIA by defense counsel Iafrate. She received phone and email communication from the DOJ who said they don’t represent the CIA. Judge Snow said that a review of the documents will continue and the CIA can contact him or the court if they have concerns about the Montgomery alleged CIA information.
Meanwhile, Stephen Lemons tweets:
@RealSheriffJoe believed goofy plot proffered by Seattle CI Dennis Monthomery, spent dough on that instead of complying with court
@RealSheriffJoe hearing, Snow drops bombshell, says Seattle investigation was meant to develop conspiracy theory involving Snow, DOJ, etc
I think that all KKKlayman or Montgomery through KKKlayman has done is paint a great big glow in the dark bulls eye on Montgomery for attention I really don’t think he really wants or wanted, and I have a feeling it could end really badly for him as a result. They might just have let him fall by the wayside as an incidental little fish if they’d just kept quite, but now I don’t see the likelihood of that since they have so very kindly pointed out all sorts of new avenues to pursue that I don’t think will do him, or the Shurf, any good at all. I also don’t think that invoking the three letter agencies was a real bright move as it could conceivably and realistically put both of them in whole magnitudes or hotter water than they are in now. I knew KKKlayman was dumb, but this opens up whole new vistas.
Montgomery has sued the NY Times writer who published a book calling him a crook, and this seems to be in line with that. My view is that Montgomery is trying to further the livelihood he’s gotten from selling his dubious software and his dubious data by vigorously defending it in court. It seems to me that raising issues like “intellectual property” make Montgomery sound more legitimate, and make it look like the Arpaio trial is a witch hunt by discrediting the judge.
I mean, as far as the court is concerned, Montgomery is no more or less on the radar than before.
It could, but is it likely to? Does Montgomery think he’s untouchable based on prior experience, and is that feeling justified?
It bothers me that he also offered to testify in Klayman’s NSA case, when the info that’s public suggests he has nothing relevant, and runs a similar risk of re-opening old cans of worms. Either he’s completely nuts, or there’s something in the vast set of “things we don’t know” that makes him feel safe.
My guess was that he went into the A/Z scams thinking he could evade prosecution through the threat of embarrassment, like he did before. But that guess seems to be proven wrong by recent events.
It’ll definitely be interesting to see how this unfolds.
Montgomery is trying to support his claim to IP rights to the information that the MCSO turned over to Judge Snow by citing a ruling in a case in Nevada where the government had seized information and property in a raid on Montgomery’s home and a storage locker in 2006. It is hard to see how a ruling on different property in an unrelated case has anything to do with the current property.
Klayman provided no other proof that I could that Montgomery owned the rights to what was turned over other than some vague statement that the contract with the MCSO granted only limited rights for its use.
Yes and no. The issue before the court is whether Arpaio is in contempt (which he has conceded he is), and, if so, was the contempt willful (and therefore criminal).
Arpaio’s goal, however, is to avoid a referral to the federal prosecutors for criminal contempt charges. The last thing that Arpaio, Montgomery, Zullo, Klayman, etc., should want is for a federal prosecutor to examine this record with a fine-tooth comb and decide whether to file criminal charges.
Better to have left this sleeping dog lie.
Actually, he was correct in that assumption. If not for the great reporting from Lemon and the dummies running the MCSO, this would have silently faded away and nobody would have been the wiser to Montgomery. You know Arpaio and Zullo were too embarrassed to let the world know they were conned…again.
Montgomery Denied.
Judge Snow accuses Arpaio et al of conspiracy against him, justice department.
.@RealSheriffJoe believed goofy plot proffered by Seattle CI Dennis Monthomery, spent dough on that instead of complying with court
https://twitter.com/stephenlemons
See update.
Looks like Arpaio is getting closer and closer to his own private pink underwear. I hope we get to read the transcript, it’ll be priceless!!! 😀
It’s starting to look like the hearing in June will indeed be universe shattering. Notice how Judge Snow neatly tied the Seattle adventure into the contempt allegations?
Moseley also represents Arpaio in that other matter (intervening in Texas v. Obama). Although Moseley could move to reconsider (one of Klayman’s preferred tactics), there’s no basis for granting reconsideration.
Good call on the judge’s part to end this particular sideshow.
On Twitter, Lemons is also reporting that the judge denied Moseley’s PHV application.
I understand that the plaintiff’s attorneys did their homework and brought Moseley’s discipline records in Virginia to the attention of Judge Snow. Snow said Montgomery could resubmit his motion to intervene but with a different attorney, i.e. get a real attorney instead of these losers.
Embarrassed? That’s too bad. But are they not obliged to prefer charges against Monty if he took the government’s money from the police in exchange for something that he knew he could not deliver to the police, regardless of whether or not he ever had the real thing, and regardless of whether or not it would have been illegal for him to either possess or deliver the thing he promised to deliver?
How is this different from Monty conning them into using government money to buy a non-existent mass-murder capable ray gun, or a hand-held weaponized super-bug bacteria or anything else that doesn’t exist and would be illegal to possess if it did exist?
Sure, the conspirators would all like it to disappear NOW, get away from the hornets’ nest and in a year or two, it will have disintegrated and disappeared. But they have brought the hornets’ nest into Judge Snow’s courtroom where it represents new legal danger to both sides, because the judge wants the hornets’ nest examined very closely AND the Birthers and Monty may soon be swatting at it from opposite sides like it was an indictment-filled pinata they hope to break open at a moment when it will sting the other party the most!
Not a good day for Arpaio:
“Snow said documents handed over by Arpaio’s office showed the police agency had aimed to track any calls between the court and Justice Department officials.”
http://www.chron.com/news/crime/article/Judge-Sheriff-s-investigation-was-intended-to-6264413.php
I wonder if Brian Reilly has more to say, now that all the garbage is being aired.
I have it on good authority that he attended the hearing today.
I’ve had communication with Brian Reilly, and the answer to your question is no. He’s going to watch how this plays out in court with the rest of us. My understanding is that he’s not going to make any public statements while the courts are doing their thing.
bob,
“Arpaio’s goal, however, is to avoid a referral to the federal prosecutors for criminal contempt charges. The last thing that Arpaio, Montgomery, Zullo, Klayman, etc., should want is for a federal prosecutor to examine this record with a fine-tooth comb and decide whether to file criminal charges.”
And that is exactly the direction this seems to be moving.
Judge spotlights Arpaio’s bizarre “Seattle Operation”
http://www.azcentral.com/story/news/local/phoenix/2015/05/14/judge-spotlights-arpaios-seattle-operation/27338029/
Should Zullo get himself an attorney?
As a volunteer would the county cover the costs?
Depending on his role in Seattle could he be charged with conspiracy?
“1. On May 07, 2015, Magistrate Judge John Z. Boyle issued a ruling regarding the applicability of attorney-client privilege and/or work-product immunity to certain disclosures made by Thomas Liddy and Karen Clark, on behalf of former defense counsel Timothy Casey. (See Doc. 1053.) Subsequent to this order, Chief Deputy Gerard Sheridan voluntarily disclosed Mr. Casey’s mental impressions, opinions, and advice in an interview with the Arizona Republic.1 Thus, the matter is referred back to Judge Boyle for re-evaluation on the continued applicability of the opinion work-product doctrine to these materials in light of Chief Deputy Sheridan’s statements to the press. Although, of course, Judge Boyle will fix any briefing schedule, the Court requests that if the parties wish to brief the issue they do so expeditiously.”
http://thefogbow.com/forum/topic/5328-sheriff-joe-arpaios-excellent-federal-court-adventures/page-65
Does this mean if Judge Boyle agrees at least some of the blacked out portions of Casey’s letter to Arpaio may be revealed?
I think he and his mustache, especially his mustache, should be brought in for questioning.
I think you are probably right about most of this. Montgomery has been getting away with this for years, and like the Shurf his hubris lead him to believe that he was immune to prosecution. Montgomery is first last and foremost a conman, who seems to think he’s invincible, and this may well prove his downfall. By painting a bulls eye on his back he has focused more attention on his own actions that he might have otherwise avoided. The Shurf has sold him out in testimony before the court so he is going to be hard pressed to wiggle out of involvement in the contemplated and attempted Federal Crimes. Everything that is coming out now just adds to the list of things that the US Attorney can add to their indictments, just on regular Federal charges, and that doesn’t include the possible National Security violation charges they could all be in for. The big problem is to remember that Montgomery is a professional and well seasoned liar, so it is hard to tell when he is telling the truth about something and when he isn’t, which means a lot of it may get settled out in court.
It appears that Zullo has at least a chance of having his universe shattered. He was right! Uncomfortably right.
Nope: as we’re fond of pointing out to birfers, Arpaio doesn’t get to prefer charges. That’s the prosecutor’s decision.
One would hope that there’s at least an ethical obligation, if not a legal requirement, for the Good Montgomery to seek _recovery_ from the Bad Montgomery. But one has long since ceased being surprised at the number of loopholes that appear when such obligations and/or requirements become awkward.
As for filing charges, “prosecutorial discretion” sometimes seems to be as broad and vague as a con man’s promises. It wouldn’t be surprising if the prosecutor decided to not go forward because of the difficulty of proving beyond a reasonable doubt, to a jury of non-geeks, that Montgomery _knew_ what he was peddling was crap.
Good questions. I can’t speak for Zullo, not having ever been the subject of a real criminal investigation ;), but if he doesn’t have a lawyer yet he is daft. I noticed that in one of the quotes Judge Snow referred to three MCSO employees who went to Seattle. Obviously no one has clued in Judge Snow that Zullo is not an MCSO employee yet.
When he figures it out that a civilian was on the trip with two paid deputies trying to dig up a conspiracy that’s only going to raise more questions. Why was he there? Why would he be made privy to confidential or possibly even classified information? Who paid his expenses? Who funds this Cold Case Posse? What else was Zullo involved in?
Reality Check
“Who paid his expenses? Who funds this Cold Case Posse? What else was Zullo involved in?”
And the other question, “Where is Mike Zullo?”
One wonders if Mr Zullo and Mr Montgomery remembered to declare the income from these various shenanigans to the appropriate tax authorities…?
I don’t know why you would conclude that. Judge Snow may want to force the Sheriff to say that Zullo was not an employee.
I suspect the Judge knows exactly who and what Zullo is but he’d like to hear Arpaio explain it all under oath in his courtroom.
I think that is the strategy. Force Arpaio to throw Zullo under the bus in an effort to get Zullo to talk.
Perhaps someone has already made this observation, but isn’t ironic that when we finally get a judge who behaves like an investigating magistrate, it is the Birthers, not Pres. Obama, on the receiving end.
Re your observation: That’s because Obama (for all his faults as President) hasn’t done anything illegal. Arpaio and Zullo, on the other hand……………………
As far as Arpaio explaining Zullo is concerned it is my recollection that Arpaio has been all over the map trying to explain the posses, Zullo and, in particular, the Cold Case Posse.
From Judge Snow’s order from yesterday item “e”.
The “named non-party contemnors” have the right to take depositions.
Who would be “non-party contemnors”?
Who?
No worries, Old Joe would throw his own mother under the bus to save his hide. Zullo may want to consider getting his own attorney and turning on Joe before he’s facing federal charges of attempting to intimidate a federal judge. Mike, if you’re reading this, get moving. Otherwise, Joe will claim it was your idea in hopes of escaping punishment.
FYI, primer on civil and criminal contempt.
http://www.bafirm.com/articles/gen/federal_contempt.html
This can’t be good.
“In fact, the monitor has “been busy” trying to “follow the money trail” of the Seattle investigation, the judge said.”
http://www.phoenixnewtimes.com/news/snow-blasts-arpaios-bogus-conspiracy-theory-7332531
Likely other people in the MSCO, i.e., those who Arpaio might try to throw under the bus.
—–
Does anyone have a copy of that order? If so, I’d like to see it. Thanks.
http://thefogbow.com/forum/topic/5328-sheriff-joe-arpaios-excellent-federal-court-adventures/page-66
Scroll down to the 8:40 post.
The order number is 1093
Any chance Zullo might be among them?
Birthers are fond of saying that, if you’re taking flak, you must be over the target. Well, what if that flak has blown your vertical stabilizer clean off, you’re leaking fuel, engines #2 and #4 are on fire, you’ve lost aileron control, your bomb bay doors are jammed, and now you’re losing lift and lurching into a terrifying death spiral?
Yep, you’re over the target, all right! Got parachute?
Once more, I’m getting a mini legal education, this time on attorney-client privilege, reading these orders:
https://www.scribd.com/doc/265433226/MELENDRES-v-ARPAIO-D-ariz-2-07-Cv-02513-1094-ORDER-Granting-in-Part-P-Motion-for-Discovery
Methinks they forgot the other option, they’re being used as target practice.
———————-
Agree, and note that IMO the most interesting dep will be of Attorney Casey…. Instinctively, I feel his pain, though I don’t know whether his conduct merits my empathy. No attorney wants to be in such a ridiculously awkward/risky position.
Ultimately, it will also be interesting to see if Attorney Casey wants to take his former clients’ deps (i.e., take Arpaio’s and Sheridan’s deps) in order to defend himself. Seems to me that he is free to do so, now that attorney-client privilege is deemed waived and he may need to defend himself against allegations of wrongdoing.
—-
Doc, It’s a constant process for all of us. Pretty interesting stuff, particularly when the facts are this juicy…. But, seriously, it’s important for people to realize that their attorney-client privilege–though sacrosanct–has its limits and can be easily unwittingly waived.
When is the next status conference?
Tomorrow.
Thanks
Wonder what new juicy gossip the judge’s team has found in the 3000+ pages they had yet to review last week? But more importantly, will Joe learn to take the 5th?
Over at the Fogbow, Epectitus pointed to this statement by Judge Snow (reported by Lemons) at the last status conference,
“But at the recent status hearing, Snow said documents confiscated by the monitor suggested that “previous testimony offered in this matter may have been untruthful.”
http://www.phoenixnewtimes.com/news/the-50-million-sheriff-7346963
That sounds ominous.
Clearly we need Mike Zullo to help clear this up.
http://www.gerbilreport.com/2015/05/where-hell-is-mike-zullo.html
I just want to say, I LOVE Gerbil Report. Probably more than I should… but thank you for creating it, Doc! 🙂
Stephen Lemons
@stephenlemons
.@RealSheriffJoe , in obvious delaying tactic, asks for Judge Snow to recuse self. Judge stayed proceedings till he rules.
Bummer, I was hoping for another beatdown Joe Friday. Only delaying the inevitable, Joe.