What a pretty kettle of fish this is.
Larry Klayman appeared briefly before Judge G. Murray Snow in the Melendres case on July 20 to argue that certain material supplied by Dennis Montgomery to Sheriff Arpaio should not be shown to the Department of Justice. Klayman has applied for admission pro hac vice to represent Montgomery’s interests in the case, although he is not a party to the litigation.
Speaking to the Court, Klayman said that he did not have a conflict with Sheriff Arpaio but in an Email from Arpaio to Klayman (the email was handled by Amy Lake since Sheriff Joe himself doesn’t do email) Arpaio does, saying (in a document disclosed today):
Your e-mail indicates that you represent Mike Zullo and Denis Montgomery. That would, and does, create a conflict here in Arizona.
Klayman represents Arpaio in a lawsuit against Barack Obama, a frivolous matter IMO, but Arpaio wants noting to do with him in the Melendres case. Further interest is generated by the mention of Mike Zullo who in prior emails expressed displeasure with the work product produced by Montgomery (as did the Sheriff’s Office).
Arpaio paid Montgomery at least $120,000 for “junk” and Zullo paid him $10,000 or more for software that didn’t work, but Klayman wants to participate in a case representing Montgomery (and I guess Zullo) where Arpaio is a party, and where Klayman might well be a witness!
This is all hopelessly tangled in conflicts of interest, and I cannot see any way that Judge Snow is going to let Klayman anywhere near the Melendres case.
Per today’s order from Judge, Marshals are going back for more.
https://www.scribd.com/doc/272883034/Melendres-1199-D-ariz-2-07-Cv-02513-1199-ORDER-Re-DR-Files
Also revealed today, Klayman is representing ZULLO.
https://www.scribd.com/doc/272883041/Melendres-1198-D-ariz-2-07-Cv-02513-1198-P-Opp-to-Klayman-PHV-w-Exhibits
Will Klayman have to get pro hace whatjamacallit?
Also can Zullo set up a legal defense fund?
Well, Klayman does claim he represents “the American people”, so Zullo would qualify.
Or would he? Come to think of it, he does have a furrin-soundin’ name, and he’s never shown us his birth certificate. I think we should ask Congress to investigate him to see whether he’s usurped his position as Jefe d’Oro of the Clueless Clown Posse.
Yep. But, in this case, I believe it would be called “pro hac ano” 😉
Ya gotta wonder what Klayman is thinking: he’s already been told by this very judge that he can’t represent Monty because of a possible conflict of interest. So he has to know that Snow is going to turn him down on Zullo for the very same reason.
can Klayman be sanctioned for filing a frivolous PHV application?
That might be a first!
What a major development. Arpaio’s email suggesting Klayman’s representation of Zullo would be a conflict in Arizona. I thought Arpaio and Zullo were BFF. Is a rift developing?
It was always there. At least, it was when it was convenient to have Zullo be “independent”. Mostly when the county board was asking about the money being spent on the snipe hunt.
It might suddenly become a “chasm” if Zullo is accused of doing anything hinky or illegal.
Uh – it looks like I’m clueless based on first comment (since it reiterates the content of the article) but really, I’m not THAT clueless — comment was made, I thought, on another article.
One “nit” — Arpaio paid Montgomery AT LEAST $120,000* for “junk” and Zullo paid him AT LEAST $10,000** for software that didn’t work.
*Mackiewicz’s Nov 7 2014 email says “We have given you approximately 120,000 dollars **plus** in exchange for information.
**Zullo’s Apr 9 2015 email references a very recent 2015 payment. We don’t know how much (if any) Zullo and/or the CCP paid Montgomery in 2013 and 2014.
Also, we know of another $5K hanging out there (referenced in Zullo’s 4/9 email) — just don’t know who paid that to Montgomery.
“At least $120,000” = probably more than $120,000.
“120,000 dollars plus” = more than $120,000.
It’s the same thing.
Tes, often when a comment (in this case yours) inspires an article, and there are some comments in reply, i move the whole lot onto the new article so that all of the discussion of the subject appears in one place. I can see how this might prove confusing in the short term. Also it is my way of giving credit to the commenter for starting the topic.
Since Larry Klayman is not admitted to practice in Arizona how can he be representing Mike Zullo there? Maybe Zullo :moved” to Florida like Dennis Montgomery “moved” to Florida?
This stuff is going to make for a really good book someday. Maybe even a fun movie.
RC,
“Since Larry Klayman is not admitted to practice in Arizona how can he be representing Mike Zullo there? Maybe Zullo :moved” to Florida like Dennis Montgomery “moved” to Florida?”
Where is Kommandant Zullo?
Wow. No doubt Klayman’s head is exploding over the release of his emails with Arpaio and Iafrate.
Imagine how much bigger the explosion will be if the defense opposes his PHV!
Oh, yeah! And Our Pie Hole and Zoo Low thought they could WITHOUT RISK TO THEMSELVES throw around the terms “fraudulent” and “forgery” to make the Birther Crazies’ donations roll in big time, in the poor Birther soldiers expectation that the courts or congress would surely pursue such an official-sounding, legal-sounding, and SURELY CRIMINAL IDENTIFYING accusation.
Of course, Our Pie Hole and Zoo Low NEVER PLANNED ON having their exploitation of the Birther donating bonanza sorted out in a court or by Congress; they knew they had no real court-worthy or Congressional investigation ready evidence of any real crime.
Their charge of the BC being a forgery used to commit fraud, is based on an imaginary law that they WISHED EXISTED! They want Obama impeached if the technology used to display his Hawaii-confirmed birth information is one pixel different than, than, than, than, than, than, than……….ANYTHING! If it’s even one ATOM different from, let’s say, a CARBON COPY of the original, or, or, or, or, a comic book, or, or, or, … a SPARROW, or, or, or, a speck of arguably TREASONOUS DUST, the, then, then….. HE’S GOT TO BE IMPEACHED! Or HANGED, and, and, and, and………and then TRIED maybe!
Our Pie Hole and Zoo Low counted on that kind of CRAZY ranting, to keep the Birthers from ever getting a serious audience. Now they are terrified that it will get exposed in the course of this trial under Snow.
Our Pie Hole is expecting this crap to hit the fan; I think that’s why he’s courting Trump – hoping Trump’s blizzard of outrageous insults can mask Our Pie Holes Birther Misadventure!
This is going to be SOOOOOOOOOOO apropriate when it comes out. We’re going to have the BIG REVEAL after all!
Imagine Our Pie Hole and Zoo Low having to under oath, explain pursuing an investigation of NON-lawbreaking! Asked what the legal definitions of the terms are? having to clarify the legal status of the CCP! All while the Birthers are listening!
Can’t wait!
Well, it looks like Doc’s going to have a “Universe-Shattering” CCP story after all. Not quite what Z/G had in mind, but still good news for us!
Pure speculation on my part following. With Arpaio taking the position that it is a conflict for Klayman to represent Kommandant Z, what would be the best way to enhance the position of conflict? One way would be for Arpaio to claim that this was a rogue operation that was undertaken without his knowledge. Remember, according to court testimony , Arpaio only gives “suggestions” not “orders.” In this case he could argue that he hadn’t given even a suggestion to embark on the Seattle operation. The second way to enhance the position of “conflict” would be to take some form of public action as per MCSO and Posse policy to discipline the alleged offenders. In the case of Kommandant Z, termination for violation of policy could certainly be crafted in such a way that it would benefit Arpaio’s position in court. In view of Arpaio ‘s “conflict” letter, I would not be surprised to see Arpaio taking various actions to put distance between he and his underlings and possibly using the “it just slipped through the cracks” defense. I think that Kommandant Z has a fast approaching, fully loaded bus wildly careening down the road with papa Joe at the wheel. This ain’t going to be pretty. Kommandant Z should ask for immunity and spill the beans.
Absolutely, alg! I bet the Coen brothers could spin this into tragi-comedy gold. Or perhaps the Zucker brothers would be a more appropriate choice to write and direct this film.
i hear “yakety sax” playing over the end credits.
Klayman is barred in DC. Perhaps this all relates to some time Zullo went to DC.
Uwe Boll is the only director Arpaio deserves.
Arpaio is pretty manipulative.and I never ever see him falling on a sword. When this blows up in his face, and it will, he will hang Zullo out to dry and claim that he only made a simple error by trusting Zullo because he did not understand the technology involved.
Yoda
July 29, 2015
“Arpaio is pretty manipulative.and I never ever see him falling on a sword. When this blows up in his face, and it will, he will hang Zullo out to dry and claim that he only made a simple error by trusting Zullo because he did not understand the technology involved.”
I see Zullo, Mackiewicz and Sheridan as sacrificial goats. I know, I know. Lambs just doesn’t sound right.
Now is a really good time for a someone to challenge Shurfjoke for the next election, the old sack of crap is up to his pointing finger in scandals and court battles. Being voted out of office will be the most effective means of ending his reign of terror.
I had to Google that name. His Wikipedia page makes for interesting reading, especially the part about his challenging critics to 10-round boxing matches (“Raging Boll”). A wonderful quote from one of his victims – and one could say the same of Sheriff Joe’s antics: “I think he’s a jerk. This might be PR but I don’t want to keep getting punched in the head.” 🙂
I said ages back that if it came to it, Arpaio would drop Zullo in it. I completely agree with the previous posts. I’ll now go further. What would slow things down even more for Joe and stitch Zullo up? MCSO prosecutes Zullo for some sort of deception/fraud. Joe has all the cards, (and if he hasn’t, he can make them). Zullo will be persona non grata around MCSO, won’t be able to get any evidence, if it exists, and won’t get any co-operation. Joe gets either 2 years of “it’s under investigation I can’t talk about it” or Zullo gets the blame and the time in pink underwear.
Three hats are already in the ring.
Thanks Doc. That now makes perfect sense!
Thanks to tes for the link to the brief in opposition to Klayman’s application for admission pro hac vice. I looked up the cases cited in the brief: going back at least 20 years, Klayman routinely seeks to disqualify judges for ruling against him (not grounds), for criticizing him or his client (not grounds), for sanctioning him (not grounds), because of the judge’s ethnic background (not grounds), and, for federal judges, because s/he was nominated by a Democrat (not grounds). And, EVERY judge who ever ruled against Klayman is a raging anti-Semite! The man is consistent.
I dunno about the book, unless it were done by someone like Donald Westlake. I can’t see anyone doing it in a serious style.
But a movie, definitely. Unfortunately, the best people for the cast are mostly dead. I can see it being done with Peter Sellers as Inspector Zouleau, Borgnine or Gleason as Arpaio, Marty Feldman as Monckton, and the Marx Brothers as the phony “experts”.
Andrea Martin or Tina Fey would make a great Orly. There’s a good comedic actor whose name escapes me who vaguely resembles Klayman. Most of the others are obscure enough that any good actor could play them. Oh, there’s Corsi, but he could be portrayed by a stack of various-sized beachballs.
They’d be foolish not to: having him in the courtroom as an intervener would be almost as bad as having him on their team. They might as well have Arpaio come to court in an orange jumpsuit to get accustomed to it.
I frankly do not understand why Montgomery or Klayman want to be anywhere near Judge Snow. The result will not be pretty. In future cases Klayman’s opponents will have yet another decision to reference (as if allegations of child molestation and lying to various federal courts was not enough) and Montgomery will find it increasingly difficult to peddle his next scam.
While I think the birth certificate inquiry is quite tangential to what Arpaio is alleged to have done to Hispanics, a little more pushing by Klayman and Montgomery may get a factual finding in a contested matter as to the birth certificate.
‘
That reminds me of when Stephen Colbert put a pair of glasses on a ham and called it “Ham Rove.”
He can be played by old stock footage of Fatty Arbuckle.
It’s their only hope at this point: if Monty’s junk is exposed as junk, Klayman looks like a fool for trying to put him forward as a “whistleblower”. Or worse: I would expect him to get sanctioned again if, as it appears from the emails, he knew it was junk. It would taint the rest of his NSA case.
And, without Arpaio hiding the evidence, there’s a good chance that the county will go after Monty for fraud.
I think that boat already done sunk!!!!
Every indication is that Monty’s stuff is and always was junk, KKKlayman is a fool, a shyster, and a serial liar, and he may have finally gone too far this time, and it is beginning to appear that he was involved in much of this right up to his beady little eyes as well. So in this case KKKlayman’s penchant for grandstanding may have just gotten him on the hotseat instead.
This could well be the “universe shattering™” event that Zullo has long promised, he just got the wrong universes.
You should find an agent. That was great!
Maricopa County try to recuperate losses? I am unconvinced that will ever happen. This county seems to just constantly leak Arpaio linked money like a sieve and doesn’t give a damn at all.
More like Ed Wood. Where Zullo arrives in Hawaii but it’s snowing outside, or a green PDF BC turns into a blue-ish BC photo from one cut to the next.
As for conflict of interest, I approve that US law seems to be on the strict side. In Germany, it’s only forbidden to represent both sides in the same case. Representing A against B and B against A in two different cases is allowed (though discouraged by professional courtesy).
That would make sense for a normal attorney. Klayman’s legal speciality is harassment by lawsuits. More legal citations for the defense would have little effect on his cases, only sanctions and disbarment.
I understand why Arpaio wants them there. Only monumental ego and sheer lunacy explains why Montgomery, a scam artist, wants to voluntarily place himself before a judge like Judge Snow. Klayman, on the other hand, seems to have no problem voluntarily appearing and making stuff up.
I still can’t decide if Monty’s latest scam is stupidity or hubris. I really don’t understand this one at all, unless it is his one last grasp at attention, or just that he’s really really stupid, a prospect I don’t discount at all. KKKlayman is a showboat and a full blown attention whore, who thinks he can get away with anything, because he generally does, maybe not this time.
Maricopa County DID “oppose” Klayman’s PHV motion. Arpaio officially took “no position” although he (his attorneys) noted that admission is at the discretion of the court.
Maricopa County Opposition: (ECF1202)
https://www.scribd.com/doc/272987148
Arpaio Statement of No Position (ECF 1204)
https://www.scribd.com/doc/272994427
Montgomery has, apparently, gotten off pretty easy before … Sure, he has a $5MM judgment against him (after he failed to pay the promised settlement to eTreppid), plus about another $1MM judgment against him from Flynn. But – he’s avoided ANY criminal consequences despite being found to have committed perjury before, and despite … everything else.
It’s NOT the former, imho. Whatever else he is, Montgomery is NOT stupid. Not even close.
And he DOES get away with it every time. Every. Single. Time. In that, at least to date, he has suffered no criminal penalty whatsoever. Despite prior accusations (and evidence) of fabricating documents; despite prior accusations – and one court finding – of perjury. Despite … all the stuff referenced in The Man Who Conned the Pentagon and in Pay Any Price.
Why would he NOT think he can get away with it again? What does he have to lose?
Klayman is only useful for the attention he gets in the media. His latest stunt is a lawsuit to prevent the enactment of the Iran nuclear weapons deal.
http://thehill.com/policy/national-security/248976-obama-congress-sued-over-iran-deal
tes: “The fact that he was able to get MCSO to pay him more than $120,000 demonstrates that there’s a fool born every minute (or whatever that saying is). There’s ALWAYS someone out there for the scammers.”
Well, considering the scammers got scammed, I guess that means there’s no honor among confidence men…or thieves. Whichever promises Zullo the most.
I believe Montgomery (and perhaps also Klayman) believe that the MCSO is in possession of materials that if released to the public (read: the federal government), would make their lives very unpleasant. So the point is to delay and distract, to prevent the release of that information.
Hasn’t that ship sailed with the release of the emails and Monty’s “work product”? His credibility as a “whistleblower” is pretty much toast, and the feds know that there wasn’t any S3kr1t Stuff on the hard drives. Do you think there might be some real stolen classified info in the pile?
I suppose they might want to prosecute him for mail fraud, since they can’t be stymied by “state secrets” claims this time.
Oh, wait: I actually mentioned earlier that it might go badly for Klayman if it came out that he knew at the time he petitioned the NSA case court for “whistleblower” status that Monty’s whistle was fake. Is that what you had in mind?
The FBI/fed gov knew what was on Montgomery’s hard drives (relating to his work with gov agencies) back in 2008.– and, per NYT, scrubbed all classified/secret info back then. They didn’t need the recently released emails to know Montgomery was f.o.s.
I too doubt that there is any classified information on the hard drives. What interests me is the supposed phone calls among DOJ, Judge Snow’s office, and the Perkins Coie attorney. Of course, Montgomery could have made it all up, as the phone numbers would have been easy for him to get. But if he really did figure out a way to monitor phone calls, there could be repercussions.
But in his scamming of the feds, wasn’t he just claiming he was going to make a ‘good faith’ effort to find terrorists’ encoded messages in phone traffic our government gave him legal access to?
And might that not be very different from offering to sell to the CCP raw information from imaginary recordings of phone traffic which any real non-federal law enforcement agency would know, would be illegal for Montgomery to really possess or sell, or for them to receive, or even offer to buy?
I doubt Montgomery thought this little deal with local yokals was going to ever be reported, let alone come up in a courtroom.
Maybe the Fed’s interest in seeing this latest batch of material from him, is because his goofy scam has clearly violated laws this time which they CAN nail him for.