Birther attorney Larry Klayman reports that he will be at the Melendres v. Arpaio hearing May 31, and will hold a press conference afterwards.
The Ninth Circuit Court of Appeals in a brief order Friday, granted Klayman’s motion to expedite the appeal of Dennis Montgomery (whom Klayman represents, but who is not directly a party to the Melendres case) to intervene in the case. That order comes too late to affect Tuesday’s hearing.
Earlier this month federal district judge G. Murray Snow found Joe Arpaio and three of his current and former staff members guilty of civil contempt of court. Tuesday’s hearing will address penalties and possible referral of one or more defendants to the Department of Justice for prosecution of criminal contempt (and possibly other charges such as obstruction of justice and perjury).
Recently, Snow, despite this pending appeal, issued a ruling finding that my client Montgomery committed a fraud
Judge Snow’s Findings of Fact do indeed use that word “fraud” at 360:
First, Mr. Montgomery committed a fraud on the MCSO. …
Judge Snow went so far as to call the evidence of Montgomery’s fraud “overwhelming” (362). This is not, however, one of the findings of fact, but rather a point used in reaching a finding against the defendants.
I seems unlikely to this observer that Judge Snow will make any criminal referral of Dennis Montgomery. First and foremost, Montgomery was not a party to the Court’s order and did not disobey it. Further, Montgomery did not harm plaintiffs in the Melendres case and therefore is not part of any remedy due them. Lastly there is the question of jurisdiction because of where Montgomery committed fraud. It would seem that the ones who should rightly pursue charges against Dennis Montgomery would be his victims, the Maricopa County Sheriff’s Office, and the people of Maricopa County.
Klayman previously, in addition to the removal of Judge Snow, demanded the resignation of Barack Obama and John Boehner, suggesting that the people should “rise up” against Obama and “show force.”