Melendres 11/5/2015

Sorry, but there are just so many snappy titles I can come up with.

I’ve been building a house today, installing windows, framing doors, and doing siding prep along with some volunteers from Michelin down the road. I’ve plowed through my emails, and checked the Court docket. Not really very much.

Sharon Rondeau at the Post & Email has made a big deal about a new attorney making an appearance for the Plaintiffs, James B Chanin, who was admitted pro hac vice yesterday. She seems worried about the expense to the County, and seems to be confused about exactly who is paying for Arpaio’s criminal defense attorney (hint: not the County). There is an interesting note at the end of her article clearing up some confusion about the Court-Appointed Monitor’s contract, contradicting earlier claims that the cost of that contract had grown precipitously.

Today Judge show issued an order (ECF 1518) that appears to relate to the criminal investigation of Mr. Mackiewicz, and what material should be redacted to protect his rights. Certain exhibits will not be sealed. I think this order is pursuant to a teleconference held this morning at 10 AM.

Finally, if I have my dates right, Mike Zullo has until noon tomorrow to file a reply to Plaintiff’s response to his motion for a protection order for some of the documents that have been subpoenaed by the Plaintiffs’ attorneys.

About Dr. Conspiracy

I'm not a real doctor, but I have a master's degree.
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46 Responses to Melendres 11/5/2015

  1. Georgetown JD says:

    It is especially exciting to read at the P&E that Mr. Chanin paid the $35 pro hac vice application fee! Thanks, Sharon, we never would have known otherwise.

  2. CRJ says:

    Oh come on Doc.. with the ear 👂 you have snappy titles should be popping! Lol

    BREAKING NEWS: FEATURE EDITORIAL OBAMA INELIGIBILITY in U.S. Supreme Court -Creates “He Did It” Triangle – Finally U.S. Supreme Court Judy v. Obama 14-9396 #AMERICANS #Congress How will 2016 Pres Candidates REVAMP Birtherism National Security Question? The call for PRINCIPLE might be the last one a person would expect to be heard as a pinnacle for employment, jobs, and security but that is exactly what Presidential Candidate Cody Robert Judy has been fighting for ..Cont.,

    http://codyjudy.blogspot.com/2015/11/breaking-news-obama-ineligibility-in-us.html

  3. Rickey says:

    CRJ:
    Finally U.S. Supreme Court Judy v. Obama 14-9396

    14-9396?

    What part of “Case considered closed” do you not understand?

  4. Every case can be re-opened once new evidence presents itself if I’m not mistaken. Correct me if I’m wrong. Oh, and as long as it’s timely. Business Law 1011.

    Rickey: 14-9396?

    What part of “Case considered closed” do you not understand?

  5. The Supreme Court reviews the actions of lower courts for error. New evidence has no significance as to whether there was an error of law.

    Nothing Judy could do now would be timely either.

    Nancy R Owens: Every case can be re-opened once new evidence presents itself if I’m not mistaken. Correct me if I’m wrong. Oh, and as long as it’s timely. Business Law 1011.

  6. Sam the Centipede says:

    Nancy R Owens:
    Every case can be re-opened once new evidence presents itself if I’m not mistaken. Correct me if I’m wrong. Oh, and as long as it’s timely. Business Law 1011.

    Gosh Nancy, have you ever been right about anything? I mean anything in the real world, not in the cartoon horror fantasy world inside your skull.

    As for Judy having new evidence: he didn’t have any evidence to start with and he doesn’t have any evidence now, so it’s all rather moot in his thoroughly closed case.

    Just to clarify: being a racist nutter like Judy and other birthers does not constitute evidence.

  7. alg says:

    Nancy R Owens:
    Every case can be re-opened once new evidence presents itself if I’m not mistaken. Correct me if I’m wrong. Oh, and as long as it’s timely. Business Law 1011.

    Good frigging gawd. I can’t tell who is the most dense, you or Cody.

    Cody’s “case” is closed, finished, done, ended, shitcanned.

  8. CRJ says:

    @Rickey [What part of “Case considered closed” do you not understand?]

    Just out of curiosity.. Does “is” mean “is” to you?

    [Case Closed]
    [Case considered Closed].. Barring a #WarOnPoor that might not be in the interest of Justice.

    Is there something you’re afraid of? Its just a couple of papers. .. Can’t do any harm right? Unless Justice Sotomayor decides it best to investigate herself, kind of like Hillary being in Charge of deciding which of her emails were work related and which were about Yoga. . or Maybe like Hawaii being an Official for the long form birth certificate scratched out 3 years later instead of Loretta Fuddy who crashed and drowned while being served a subpoena?

    Yeah., let’s see.. Utah Federal Court approves IFP Status.. 10th Circuit does also.. Form good for a Year., I think we should just burn the Poor Bastards petition?

    Lol .. And call him a Racist Centipede for even DARING to challenge the Great and Powerful Oz! ?

    Is that how it really goes? I mean if you’re joking about the little Hitler invasion in your own head I understand.. But leave the Scoobie Doo Cartoons out of this for Heavens sake Sam! And go get a freaking tan.. Your suffering a Vitiamin D withdrawl.

  9. Rickey says:

    CRJ:
    Blah…blah…blah…nonsensical word salad.

    14-9396 is dead and buried, never to be resuscitated. Read the Supreme Court rules.

    And Loretta Fuddy did not drown.

  10. Rickey says:

    Nancy R Owens:
    Every case can be re-opened once new evidence presents itself if I’m not mistaken. Correct me if I’m wrong. Oh, and as long as it’s timely. Business Law 1011.

    It’s not timely. Read the Supreme Court rules. Rule 13. Judy never filed a valid cert petition, and now it is too late.

    http://www.supremecourt.gov/ctrules/2013RulesoftheCourt.pdf

    Also, new evidence cannot be raised in an appeal. Appellate courts only consider evidence which was presented at the trial court level.

  11. Lupin says:

    Nancy R Owens:
    Every case can be re-opened once new evidence presents itself if I’m not mistaken. Correct me if I’m wrong. Oh, and as long as it’s timely. Business Law 1011.

    Come on, you’re not that stupid, are you?

  12. Lupin says:

    CRJ: Your suffering a Vitiamin D withdrawl.

    I don’t think it’s the first time our favorite loon mentions vitamins, is it?

    Once it used to be fluoride in the water. Now it’s chem trails. What strange world they live in.

  13. Craig HS says:

    Dihydrogen Monoxide is the worst, it’s in virtually EVERYTHING.

  14. The Magic M (not logged in) says:

    Lupin: Once it used to be fluoride in the water. Now it’s chem trails.

    Or HAARP frying their brains.
    The other day I had a terrible headache. I assume someone who’s already convinced “they” are after him would easily believe this was some kind of attack.

  15. The Magic M (not logged in) says:

    CRJ: BREAKING NEWS: FEATURE EDITORIAL OBAMA INELIGIBILITY in U.S. Supreme Court -Creates “He Did It” Triangle – Finally U.S. Supreme Court Judy v. Obama 14-9396 #AMERICANS #Congress How will 2016 Pres Candidates REVAMP Birtherism National Security Question? The call for PRINCIPLE might be the last one a person would expect to be heard as a pinnacle for employment, jobs, and security but that is exactly what Presidential Candidate Cody Robert Judy has been fighting for

    BREAKING NEWS FEATURE EDITORIAL ZOMBIE APOCALYPSE in Los Angeles Food Court – Assumes “No Brain Cell Left Behind” Icosahedron – Ordinarily Center Court The_Magic_M v. Doctor Who 08-15 #MakeMuricaWhiteAgain #Constipated How will GOP Pres Candidates INCUR non-volitional apprehension of No Questions Asked? The cars of PITTSBURGH might be the first in a line of persons no-one would expect to pin a ploy on a cackle, shocks and subdurity but that is nonsense what Purse-Identical Candlestick Cory Racist Yucky has ignited. Fore!

    That made more sense.

  16. Jim says:

    Nancy R Owens:
    Every case can be re-opened once new evidence presents itself if I’m not mistaken. Correct me if I’m wrong. Oh, and as long as it’s timely. Business Law 1011.

    I take it you’ve never heard of the double-jeopardy clause of the Constitution?
    “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

    So you are incorrect, every case cannot be reopened.

  17. Fran says:

    First, Sharon is one that does a lot of research before posting any article. The MSM could learn a lot from Sharon. Second, and maybe this should be first, if more people questioned how our taxpayer dollars were being used maybe we wouldn’t be in debt to the tune of $19 TRILLION and growing.

  18. I don’t think a single Birther ever read the rules of any court, I’ve seen no evidence to the contrary.

    Rickey: It’s not timely. Read the Supreme Court rules. Rule 13. Judy never filed a valid cert petition, and now it is too late.

  19. Lupin says:

    Reality Check:
    I don’t think a single Birther ever read the rules of any court, I’ve seen no evidence to the contrary.

    At least not of a court on THIS planet. Bizarro World, maybe.

    Reading Gerbil Report, one sometimes wonders how they manage to coexist with the rest of us at all.

  20. Pete says:

    There’s dead, clinically dead, brain dead, most sincerely dead, all dead, declared dead, officially dead, dead and rotting, and dead and buried. Cody’s case is all of the above.

  21. That’s some crew there. They make Lambo Ick look almost sane.

    Lupin: Reading Gerbil Report, one sometimes wonders how they manage to coexist with the rest of us at all.

  22. Daniel says:

    Pete:
    There’s dead, clinically dead, brain dead, most sincerely dead, all dead, declared dead, officially dead, dead and rotting, and dead and buried. Cody’s case is all of the above.

    “This parrot is no more. It has ceased to be. It’s expired and gone to meet its maker. This is a late parrot. It’s a stiff. Bereft of life, it rests in peace. If you hadn’t nailed it to the perch, it would be pushing up the daisies. It’s rung down the curtain and joined the choir invisible. This is an ex-parrot.”

    ― John Cleese, Monty Python’s Flying Circus

  23. Rickey says:

    Reality Check:
    I don’t think a single Birther ever read the rules of any court, I’ve seen no evidence to the contrary.

    And the Supreme Court rules are actually easy to understand, even for a lay person. But they do require taking the time to read them.

    To reiterate, for those who have not been paying attention:

    1. The Court of Appeals affirmed the dismissal of Judy v. Obama on February 27, 2015. Pursuant to Rule 13, Judy had to file his cert petition within 90 days.

    2. Judy submitted his cert petition on March 30, but he did not pay the docketing fee and he did not submit bound copies of his petition as required by the rules. Instead he filed a motion for in forma pauperis status.

    3. On June 22 SCOTUS denied Judy’s motion and gave him three weeks (until July 13) in which to pay the docketing fee and submit his petition in a form which complied with Rule 33.1.

    4. Instead of paying the docketing fee and complying with Rule 33.1, Judy filed a motion for reconsideration. By this time SCOTUS was no longer in session, so his motion was put on the conference schedule for September 28. He also filed an application for an extension of time to comply with the June 22 order, but that application was denied by Justice Sotomayor on July 7.

    5. July 13 came and went without Judy complying with the June 22 order.

    6. On October 5 Judy’s motion for reconsideration was denied.

    Because he did not pay the docketing fee and did not file a petition which complies with Rule 33.1, Judy’s petition was never docketed. Because it was never docketed, technically it was never filed, and it is now too late.

    To demonstrate how out of touch with reality Judy is, in his cert petition he actually asked SCOTUS to hear his case de novo, as if SCOTUS is a trial court.

    Even if the United States suddenly turned into Bizarro World and Judy were elected president, he would not be able to get his case reinstated.

  24. That’s a great summary of CRJ’s SCOTUS failings Ricky.

  25. I wonder the same thing, and I have come to believe that they simply exhibit a character online that they do not exhibit in real life. Otherwise they would have been killed in a bar fight years ago.

    Lupin: Reading Gerbil Report, one sometimes wonders how they manage to coexist with the rest of us at all.

  26. Pete says:

    It’s one thing to call a man a f***** online. It’s another thing entirely to call him a f***** to his face.

  27. CRJ says:

    @Doc [..Otherwise they would have been killed in a bar fight years ago.] I’m guessing the bar of Justice? 🍺

    @Rickey [ To demonstrate how out of touch with reality Judy is, in his cert petition he actually asked SCOTUS to hear his case de novo, as if SCOTUS is a trial court.]

    Are you saying it’s impossible? How did the 10th Circuit Court do it then?

    In there decision they forthrightly present their opinion in doing just that. Now, your saying the U.S. Supreme Court CANNOT do what the 10 Circuit did?

    Isn’t this an example of the limited prowess of the Judicial Branch you seem to foster? You concoct that as a Deficit of my Reality, when it truly is a manifestation of your own Deficit.

    That’s what you call unreasonable. Perhaps even an excessive calcium release into your bloodstream?

    @Pete [ There’s dead, clinically dead, brain dead, most sincerely dead, all dead, declared dead, officially dead, dead and rotting, and dead and buried. Cody’s case is all of the above.]

    Oh my Hell that was Funny! I just love you guys! I thought at least we have each other to slap on the back and make total fun of each other!

    I like that.. Good “male bonding” lol ..woe., might be a little sexist.

    Don’t mention it to the Vagina Camps those are the Presidential Candidates running in Gender Specificity. . that seems sexist to me.

    I’m thinking about asking One of them to actually prove they are a female besides the birth certificate that we know has problems.. layers. I mean if we are going to elect a female for President how do we know for sure unless we remove the layers?

    Moses saw the burning bush.. Maybe every Candidate for President needs to debate nude? The emperor with no clothes would certainly not object ! Lol

    I think SNL needs to have me Host after Trump lol ?

  28. bob says:

    CRJ:
    Is there something you’re afraid of?

    Perennial sore losers who waste precious judicial resources.

    Maybe like Hawaii being an Official for the long form birth certificate scratched out 3 years later instead of Loretta Fuddy who crashed and drowned while being served a subpoena?

    There’s no evidence Fuddy was being served a subpoena.

    10th Circuit does also.. Form good for a Year.,

    To the extent the 10th Circuit’s grant of IFP status even was “good for a year,” SCOTUS is not bound by the 10th Circuit’s grant.

  29. CRJ says:

    Doc – I apologise. My Post was a stretch to the subject matter, at a stretch your mention of The P&E which just happened to use my Post as a Feature Editorial.

    And here I’ve lead the comment section away from Melendres 11-5-2015. I’m sorry.

  30. bob says:

    Fran:
    First, Sharon is one that does a lot of research before posting any article.

    Rondeau’s “research” consists mostly of reading what WND, BR, etc. already wrote. And ignoring everything that disagrees with her worldview.

    if more people questioned how our taxpayer dollars were being used maybe we wouldn’t be in debt to the tune of $19 TRILLION and growing.

    The federal debt has no relation to Arpaio’s case. But I agree the Maricopa County taxpayers need to question why they keep electing a sheriff whose bad behavior has cost them around $150 MILLION in an unnecessary lawsuit-related expenses.

  31. bob says:

    CRJ: How did the 10th Circuit Court do it then?

    The 10th Circuit didn’t hear Judy’s case anew: The 10th Circuit affirmed the district court’s dismissal, which the district court had characterized as “frivolous.”

    I’m thinking about asking One of them to actually prove they are a female besides the birth certificate that we know has problems.. layers. I mean if we are going to elect a female for President how do we know for sure unless we remove the layers?

    Judy is one of the creepiest, unfunny birthers around.

  32. Pete says:

    CRJ: Oh my Hell that was Funny! I just love you guys! I thought at least we have each other to slap on the back and make total fun of each other!

    Just casting about for a bit of clarity there, Cody. 🙂

  33. Pete says:

    bob: Rondeau’s “research” consists mostly of reading what WND, BR, etc. already wrote. And ignoring everything that disagrees with her worldview.

    There are a number of birthers who are capable of this kind of “research.” There are none who are capable of looking honestly and competently at both sides of a question, because everyone who’s done that is no longer a birther.

  34. How come she hasn’t figured out that Maricopa County is not paying for criminal attorneys for Arpaio and the other defendants in the Melendres case?

    Fran: First, Sharon is one that does a lot of research before posting any article.

  35. Zullo’s motion for a protective order was denied so Arpaio’s attorneys will be turning over the documents Zullo claimed might incriminate him.

    http://kjzz.org/content/216213/questions-over-posse-member%E2%80%99s-documents-latest-twist-sheriff%E2%80%99s-contempt-hearing

  36. CRJ says:

    @Bob […The 10th Circuit didn’t hear Judy’s case anew]

    You REALLY need to read the opinion before making such a disastorious analysis with a statement manifest of ignorance at best, and if you have the opinion, just bluntly misleading the rats following you.

    Really.. Just trying to help you out on legal facts of which you seem unknowledgable.. Perhaps mistaken.

    Let me QUOTE Page 2 Case NO. 14-4136 “We review this issue [de novo]. Perkins v. Kan. Dep’t of Cores., 165 F.3d 803, 806 (10th Cir. 1999). Emphasis added.

    I thought that part of their Opinion was actually quite considerate. The U.S. Supreme Court most certainly could do the same, and I think they should obviously as I expressed in my Cert.

    @Bob..[ Judy is one of the creepiest, unfunny birthers around.]
    📢”Unfunny” ,( which is a new salad word for me , thanks!), then you Really need some excercise because 🔊you are either stiff or really funny yourself! 😂

  37. bob says:

    CRJ:
    You REALLY need to read the opinion beforemaking such a disastorious analysis with a statement manifest of ignorance at best, and if you have the opinion, just bluntly misleading the rats following you.

    Judy needs to learn to read for context, and not quote people out of context. The 10th Cirtcuit wrote:

    But, ultimately, the district court dismissed Judy’s complaint under 28 U.S.C. § 1915(e)(2), concluding that the case was frivolous. We review this issue de novo.

    What did the 10th Circuit review de novo?: Whether Judy’s complaint was frivolous. And, like the district court, it concluded it was. The 10th Circuit didn’t consider any new evidence or new arguments, unlike Judy’s shennigans in SCOTUS.

    The U.S. Supreme Court most certainly could do the same, and I think they should obviously as I expressed in my Cert.

    SCOTUS closed Judy’s petition because he failed to show to SCOTUS that he was entitled to IFP status in that court

    you are either stiff or really funny yourself

    Given Judy’s criminal background, there is absolutely nothing funny about the demands he makes about others.

  38. CRJ says:

    @bob Don’t have to ✔ the box

    You probably heard FORMER SOS Clinton say today, ” .. Presidents Shouldn’t Have To Disclose Criminal History” ?

    Hurray! Lol., ahhh you knew that was coming didn’t you? Lol

    You probably were disappointed because you like centipede enjoy your own brand of derogatory discrimination don’t you?

    It’s really ugly… Rodent type 🐀 Crap

  39. bob says:

    CRJ: You probably were disappointed because you like centipede enjoy your own brand of derogatory discrimination don’t you?

    I have no idea what Judy is trying to say. But it clear that Judy, instead of wasting time on the internet, ought to enroll in an adult literacy class.

  40. Curious George says:

    Fran,
    “First, Sharon is one that does a lot of research before posting any article.”

    And Sharon can’t get her facts right because her birther bias is so overwhelmingly strong. Her sources are birther sources. Her research ignores facts that contradict her birther sources. She is certainly in no way, fair and balanced in her reporting.

  41. Rickey says:

    CRJ:

    Are you saying it’s impossible? How did the 10th Circuit Court do it then?

    What are you talking about? Are you suggesting the 10th Circuit Court of Appeals held evidentiary hearings on your appeal?

    Here is what you wrote in your cert petition:

    “A petition for a Writ of Certiorari is now submitted to the Court seeking the following: 1. Either this Court hear the case de novo, granting the Writ Certiorari with the witnesses and lawful investigation in court,…”

    You were operating under the delusion that SCOTUS was actually going to make a ruling on Obama’s eligibility, when all you could possibly have hoped for was to have your lawsuit remanded to the trial court.

    The Supreme Court does not hear witnesses or conduct investigations. The Supreme Court makes rulings on the record and on the legal arguments made by the parties.

  42. Rickey says:

    Fran:
    Second, and maybe this should be first, if more people questioned how our taxpayer dollars were being used maybe we wouldn’t be in debt to the tune of $19 TRILLION and growing.

    Wow, you must have been very upset when the debt went from $5.7 trillion to $11.9 trillion under George W. Bush. It probably kept you up at night.

  43. Lupin says:

    CRJ:
    @bob Don’t have to the box

    You probably heard FORMER SOS Clinton say today, ” .. Presidents Shouldn’t Have To Disclose Criminal History” ?

    Hurray! Lol., ahhh you knew that was coming didn’t you? Lol

    You probably were disappointed because you like centipede enjoy your own brand of derogatory discrimination don’t you?

    It’s really ugly… Rodent type Crap

    Your posts are devolving into meaningless ranting scribbles; you need help.

  44. Lupin says:

    Dr. Conspiracy: I wonder the same thing, and I have come to believe that they simply exhibit a character online that they do not exhibit in real life. Otherwise they would have been killed in a bar fight years ago.

    I’m inclined to agree. Me, I’m just the same here or in person, But Falcon (to pick but one obvious case) in real life is a titty whiny crybaby afraid of his own shadow. The kind of guy of whom the neighbors say on TV “he kept to himself” after he’s gone off the reservation.

  45. Rickey says:

    bob: Judy needs to learn to read for context, and not quote people out of context.The 10th Cirtcuit wrote:

    What did the 10th Circuit review de novo?: Whether Judy’s complaint was frivolous.And, like the district court, it concluded it was.The 10th Circuit didn’t consider any new evidence or new arguments, unlike Judy’s shennigans in SCOTUS.

    Thank you for that. I thought that the point I was making was pretty clear, but then Judy is pretty dense.

    Judy clearly was asking SCOTUS to listen to what he believes to be evidence and to conduct an investigation. His blog posts made it clear that he was hoping – even expecting – that SCOTUS would rule that Obama is ineligible. In spite of all of his exposure to the legal system, he (like so many birthers) has no understanding of how it actually works. It reminds me of how, back in 2008, the birthers were convinced that a “response due” docket entry by SCOTUS meant that Obama was going to have to produce his birth certificate.

    The Court of Appeals didn’t permit Judy to make oral arguments. The denial of his appeal probably was one of the easiest decisions the court made this year.

    The smartest decision which Judy made this year was to not pay the docketing fee and printing fees, because his entire lawsuit was a fool’s errand.

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