Last Updated: Oct. 26, 2015
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Jan. 7, 2013
A "Supplemental Declaration of Dennis Montgomery" is filed in support of Tim Blixseth's motion for sanctions in the Blixseth divorce proceedings pending in California state court. See Edra Blixseth v. Timothy Blixseth, No. RIDIND91152 (Cal. Super. Ct., filed Jan. 7, 2013); Blixseth v. Yellowstone Mountain Club LLC et al, No. 12-35986, Doc 98-3 (9th Cir. May 1, 2014).
February 2013
Montgomery apparently joins Twitter. He uses a photo from the 2010 Playboy article, The Man Who Conned the Pentagon" (released in late December 2009) as his header photo and describes his account as "Commentary and fan space for Dennis Lee Montgomery, follow if you are intrigued." See Dennis L. Montgomery | @NCoder_Dennis.
Feb. 14, 2013
In his response to “QUESTIONS FOR THE RECORD,” following his Senate confirmation hearing (to head the CIA), Mr. John Brennan responded to questions apparently regarding Montgomery’s work while employed at eTreppid as follows:
"Bogus Intelligence
Media reports indicate that when you led the Terrorist Threat Integration Center (TTIC), you championed a program involving IT contractors in Nevada who claimed to intercept al-Qaida targeting information encrypted in the broadcasts of TV news network Al Jazeera. The media says, and documents we have reviewed show, that CIA officials derided the contractor’s information, but nonetheless, you passed it the White House and alert levels ended up being raised unnecessarily.
[Question] Did you have confidence in the information you provided? If not, why did you provide it?
[Brennan Response] I never “championed” such a program. The Terrorism Threat Integration Center (TTIC) was the recipient of such information and data provided by the CIA and included it in analytic products as appropriate.
[Question] Why did you keep the program alive?
[Brennan Response] I did not keep the program alive. I would refer you to the CIA, as it collected the data from the contractors and passed it along to TTIC, for the answer to your question.
[Question] What was the eventual outcome of the program?
[Brennan Response] I do not know the outcome of the program, other than it was determined not to be a source of accurate information."
See “QUESTIONS FOR THE RECORD: MR. JOHN BRENNAN” (Doc properties show last modified Feb. 14, 2013).
Feb. 26, 2013
Montgomery v. IRS. The U.S. Tax Court issues an order in Montgomery's pending matter:
"Upon due consideration of respondent's status report, filed February 4, 2013, in the above-captioned case, and the recitals therein concerning the present status of the related bankruptcy proceeding, it is ORDERED that the parties shall, on or before August 26, 2013, file with the Court further written reports concerning the then-present status of the related bankruptcy matter."
Montgomery v IRS, Feb. 26, 2013 Order.
Mar. 8, 2013
Atigeo LLC counsel counsel sends letter to Montgomery (and others) demanding that Offshore Limited D (“the publicly-listed owner of various websites that contain allegedly false and defamatory statements), and its owners (allegedly Montgomery and/or his son-in-law, Istvan Burgyan), cease and desist from making/publishing those statements but Offshore Limited D refused to do so. See Atigeo v. Montgomery, Complaint ¶ 68.
Apr. 1, 2013
Montgomery v. IRS. The U.S. Tax Court issues an order in Montgomery's pending matter:
"The Court's Order dated February 26, 2013, served on petitioners, having been returned to the Court by the U.S. Postal Service, the envelope in which it was received having been marked "Forward Time Exp" and "Return To Sender", it is ORDERED that petitioners' address is changed on the Court's records to 3812 94th Ave. NE, Yarrow Point, WA 98004-1320. . . ."
See Montgomery v. IRS, April 1, 2013 Order.
Apr. 12, 2013
An administrative panel of the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center issues a decision which finds that Offshore Limited D and PCI (i.e., Pacific Coast Innovations, allegedly owned and/or controlled by Montgomery), in bad faith, registered and used two disputed domain names <yellowstoneclub.net> and <theyellowstoneclub.org>. YMC v. Offshore Ltd. Decision (html) (Doc) §C. The panel orders the domain names transferred to Yellowstone Mountain Club LLC. Id. § D.
In so ruling, the WIPO panel rejects Respondent’s argument that he “is merely exercising its constitutional right to free speech and freedom of the press in legitimately using ‘yellowstoneclub.net’ along with a clear and unambiguous disclaimer.” Id. § B(2). “The Panel majority states at the outset that this conclusion does not depend in any way upon the nature of the content at Respondent’s websites or Respondent’s unquestioned rights to free speech, freedom of the press, or right to petition the government for a redress of a grievance (without reference to any specific national legal system with respect to these rights). The issue is not the legitimacy of these rights. The question in this Policy proceeding is instead whether there is a right or legitimate interest in the disputed domain names, which comprise Complainant’s YELLOWSTONE CLUB mark for that purpose.” Id. § C.
May 29, 2013
Michael Flynn and four other attorneys write a letter to the U.S. Department of Justice, demanding an investigation into "Montana Political and Judicial Misconduct." See Mike Flynn May 29, 2013 letter to DOJ, as published by WND (July 2013). According to that letter,
Throughout relevant time periods in this matter, a Whistle Blower on behalf of, and paid by Edra Blixseth hacked into the computers of Mr. Blixseth and his counsel. The hacked information was provided to a laundry list of Mr. Blixseth’s “enemies” in a list created by Edra Blixseth. In June, 2012, the Whistle Blower severed their relationship. The Whistle Blower informed Mr. Blixseth that he and the DOJ had been hacking into Tim's and Tim’s counsel's emails; and he and the government were wiretapping their phone calls on behalf of Edra and Burkle. Edra had paid the Whistle Blower over $6.0M to conduct her requested hacking, at the rate of $100,000 per month from April, 2006 through January, 2009 plus millions in bonuses. The Whistle Blower and Mr. Blixseth’s counsel have been attempting to secure immunity for the Whistle Blower for the past year to blow the whistle on this entire matter, but the Holder controlled DOJ has thwarted it at the risk of exposing their own corrupt conduct. (See Immunity Proffer and documents sent under separate cover.) In the event The Public Integrity Section gives immunity to the Whistle Blower will expose the entire YC scheme, the misconduct of Judge Kirscher in connection with very specific electronic evidence, and the criminal conduct of Burkle, Byrne and Schweitzer in their scheme to use the Montana Bankruptcy Court to perpetrate the “brilliant but evil, billion dollar plan.” (Id. at 10-11.)
The letter also accuses a judge of illegal misconduct:
See May 4, 2012 letter and Memorandum and exhibits. See Immunity Proffer of the whistleblower sent under separate cover, specifically regarding the misconduct of Judge Kirscher and his relationships with attorneys and their clients financially benefitting from his illegal rulings in amounts over $20 MILLION! (Id.at 8.)
Note that although Flynn does not name the whistleblower in this letter, in a 2010 affidavit, Flynn accused Montgomery of, among other things, (a) hacking into the computers of Tim Blixseth and his attorney (Flynn) (¶ 13, pp. 10, 14); (b) fabrication of bribery emails (¶ 13, p. 12); and (c) fabrication of fake Grand Jury Target Letters (¶ 12, p. 10). See In re: Yellowstone Mountain Club, ECF 2109-1 (Affidavit Of Michael J. Flynn dated January 2010, filed Jan. 13, 2011). It is also worth noting that, while Flynn's 2013 letter to the DOJ asserts that Montgomery was paid over $6 MM for the alleged hacking, his January 2010 Affidavit asserts that Montgomery was paid over $6MM "for non-existent technology, which raises the inference that it was paid to perform computer hacking."
After May 2013
According to James Risen, “After former NSA contractor Edward Snowden leaked documents about the NSA's domestic surveillance operations in 2013, Montgomery suggested to me [Risen] that he could provide the documents that would prove not only that he had been telling the truth, but that he had also been used by top U.S. intelligence officials in highly questionable intelligence operations." See James Risen, Pay Any Price: Greed, Power and Endless War, Houghton Mifflin Harcourt, Oct. 14, 2014, page 24 (Montgomery v. Risen, ECF 44 at p. 85).
June 2013
Larry Klayman (who will become Montgomery's attorney) files CIA/NSA cases in D.D.C. He makes no mention of Montgomery or of unnamed whistleblower in his complaint. See, e.g., Klayman v. Obama et al, [ECF 1.
Montgomery will claim on June 30, 2015 that he sought "legal assistance" from the ACLU and/or the ACLU Foundation regarding his "efforts as a whistleblower" with information about various US intelligence agencies starting in early June 2013:
"Dennis Montgomery consulted with the ACLU and the other Defendants herein, including but not limited to the lead litigation attorney, Mike German, at the ACLU’s national headquarters, with regard to his efforts as a whistleblower having information about the unconstitutional and illegal acts by the National Security Agency (“NSA”), the Central Intelligence Agency (“CIA”) and other U.S. Government intelligence agencies."
See Montgomery v. ACLU, ECF 1 at ¶¶ 14-15.
However, the ACLU Foundation and related entities deny Montgomery's claims. See, e.g., Montgomery v. ACLU, ECF 18 (motion to dismiss); and ECF 19-25 (declarations filed in support of motion to dismiss). As set forth in that Motion and accompanying materials, Mike German is not an attorney, much less a "lead litigation attorney."
"The publicly available rosters of the New York and D.C. bars, of which the Court can take notice, do not include Mr. German at all (for the very good reason that he is not, and never has been, an attorney, and thus has never taken a bar exam or sought bar admission; never held himself out to be an attorney, and never purported to render legal advice to any ACLUF client)."
See ECF 18 at 15; see also July 22, 2015 Declaration of Michael German (ECF 21 (PDF)) (German worked for at time at the American Civil Liberties Union's Washington Legislative Office); and June 25, 2015 Letter from Cecillia Wang (ACLU Foundation) to Larry Klayman (ECF 1 at 44("I am in receipt of your letter of June 22, 2015 and am responding on behalf of the American Civil Liberties Union Foundation and the ACLU Foundation of Arizona. We disagree with the factual and legal claims in your letter and see no reason to take any further action.").
Jul. 15, 2013
Atigeo Litigation. Atigeo LLC files suit against Montgomery, his son-inlaw, Istvan Burgyan, Offshore Limited D, and Demaratech LLC (companies purportedly owned/operated by Montgomery and/or Burgyan) in California’s Central District Federal Court. Antiego v. Offshore Ltd, ECF 1.
The Complaint sets forth two causes of action: Count I - Cybersquatting (Complaint ¶¶43-61) and Count II - Libel. Atigeo makes the following factual allegations (among others) in support of his complaint, Montgomery approached Michael Sandoval (Atigeo CEO), demanding that Sandoval and/or Atigeo invest in his new business venture:
"To induce Plaintiffs to provide Montgomery with investment capital, Montgomery made threats against Sandoval and Atigeo, including statements like "If you 're not with me, you 're against me." Montgomery also induced fear in Plaintiffs by warning Plaintiff Sandoval that he had followed through on similar threats before and that Plaintiffs did not want to end up like other Montgomery targets who "learned the hard way." Plaintiffs declined to yield to Montgomery's threats…"
Complaint ¶ 29. Sandoval declined to provide capital to Montgomery. Id. Thereafter, Montgomery established several websites, including www.atigeo.co, www.gratonresortcasino.net, www.theuntoldstory.net, www.yellowstoneclub.net, and www.yellowstoneclubs.com and, on each of them, made several false allegations against Atigeo. Then, using various pseudonymous email accounts and Twitter accounts,* including a Reporter YC twitter account sent links to one of the sites to multiple news media outlets as well as to “to Plaintiffs' employees and prospective business partners and litigation opponents. Complaint ¶¶ 21-27, 66-66.
Beginning June 2013, Montgomery began using the Atigeo trademark in connection with the www.atiego.co website even though he had actual knowledge that it was Plaintiff’s registered trademark by virtue of his prior employment with Opspring LLC, a former subsidiary of Atigeo. Complaint ¶¶ 31-33.
*Note: According to a later-filed Sandoval Declaration, Montgomery and/or Burgyan “through a pseudonym email account called “David Webb,” also sent website links [to info containing defamatory statements] to Atigeo’s employees.” Atigeo v. Offshore Ltd, ECF 35 ¶9 (Sandoval Nov. 18, 2013 Declaration). In June 2014 (and thereafter), “David Webb” will send emails to Zullo and others in connection with the Melendres Seattle Operation. See, e.g., June 29, 2014.
July 16, 2013
WND reports on recent developments in the Tim Blixseth bankruptcy case. See Jerome Corsi, “Fraud claim against Holder bolstered after ruling,” WND, July 16, 2013. According to that article,
"Among recent developments is the entry into the Yellowstone case of a whistleblower who claims to have been paid $6 million by Blixseth’s former wife to hack into Blixseth’s computers to obtain highly confidential information that she shared with Burkle and Department of Justice criminal investigators.
Flynn explained to WND his current concern that Holder may have ordered the Justice Department’s Public Integrity Section to block the whistleblower’s application for immunity to prevent disclosure of corruption by the various Democratic Party political operatives involved in the Yellowstone case, including Holder and Breuer." (Id.)
The article includes a link to a May 29 letter from Mike Flynn et al to the DOJ, referring to unnamed whistleblower who alleged that he and DOJ had hacked into computers, hacked into emails and wiretapped phones of Mr. Blixeth and his counsel. Flynn was Blixseth’s attorney, and was formerly Montgomery’s attorney. See May 29, 2013 for additional details on the letter.
Aug. 16, 2013
Cold Case Posse.* Carl Gallups, Mike Zullo’s unofficial spokesperson, appears on Mike Volin’s Blog Talk Radio show. [Full BlogTalk Radio Show; Excerpt courtesy of Reality Check.] Most of the interview is spent lamenting the refusal of various Congress members to meet with Zullo and other birthers, or to take any action on the Zullo information, and encouraging people to continue contacting their congresspersons.
[Excerpt~38:53] GALLUPS: ... You were asking about the Xerox machine. Here's the thing. The Obamabots are dying for me or Zullo to talk about what we know about that. They think they found the goose that laid the golden egg. And they're dying to know what we know about it. Well, Zullo and I - we are not going to expose; this is a part of a criminal investigation and when it comes before Congress, then Congress will know everything. But I can tell you, it is of no concern. And you gotta ask yourself, why would these guys - five years into this - all of a sudden say, Oh, we've got a particular machine that can do these things. I mean, just think about what they're doing and the timing of what they're doing. . . .
*Note: For more details and context about the Joe Arpaio/Maricopa County Cold Case Posse birther investigation, see WYE Timeline beginning Summer 2013 (and references therein).
It is not yet confirmed that the "deeper darker" investigation repeatedly referenced by Cold Case Posse "Commander" Mike Zullo beginning in August 2003 involved Dennis Montgomery and the "Melendres Seattle Operation," the currently-available information indicates that this is likely the case. Therefore, information referencing the "deeper darker" investigation are included on this timeline as well. If, as facts develop, we learn that this "deeper darker" investigation did not involve Montgomery, we will update and correct this timeline accordingly.
Aug. 23, 2013
Cold Case Posse. On his “Freedom Friday” radio show, Carl Gallups and Mike Zullo discuss the state of the Arpaio-Zullo Cold Case Posse investigation. [Archived version of show.]
[~5:47] GALLUPS: . . . Let me just do this. I'm going to be very careful here because I will not divulge criminal investigation information that I know about . . .
Aug. 28, 2013
Montgomery v. IRS. The U.S. Tax Court issues an order in Montgomery's pending matter:
"Upon due consideration of respondent's status report, filed August 20, 2013, in the above-captioned case, and the recitals therein concerning the present status of the related bankruptcy proceeding, it is ORDERED that the parties shall, on or before February 28, 2014, file with the Court further written reports concerning the then-present status of the related bankruptcy matter."
Montgomery v. IRS, Aug. 28 Order.
Aug. 29, 2013
Cold Case Posse. Carl Gallups again discusses the Arpaio-Zullo Cold Case Posse birther investigation on his 1330 WEBY AM - Gulf Coast Talk Radio radio show. See PPSimmons, Obamabots Now SUSPECTS?! Obots going CRAZY over Obama Fraud Case!, YouTube, Aug. 29, 2013.
This marks the first time that Gallups expressly refers to the “new branch” of investigation - and the fact that this new "branch" was started in direct response to the Xerox explanation. Relevant excerpts include (layperson’s unofficial transcript):
[~10:17] The Obamabots may have found a machine that produces several anomalies that appear to be similar to those on the Obama Birth Certificate but that does not derail this investigation. But let me tell you what it does do. It opens up a whole other branch of the investigation. That’s for certain. . . .
September 2013
Seattle Operation. The first MCSO - Montgomery contact occurs, according to documents reviewed by Judge Snow as of May 14, 2015 (Melendres, ECF 1097 at 45).
Fall 2013
Cold Case Posse. Arpaio reportedly is ready to shut down the Arpaio-Zullo Cold Case Posse’s birth certificate investigation when "this whistleblower walked into Arpaio’s office basically and had information about how the… now this is what I’m told, I’m not part of the investigation I should add… but what I’ve learned is that this whistleblower had information about, you know, how the birth certificate was produced, who… you know who might have done it, where it was done. And even pointed the finger towards CIA Director John Brennan. So . . ." See Peter Boyles Show - Sep 12, 2014 - Hr 4, 710KNUS News/Talk Radio (Podcast), Sept. 12, 2014 (interview with Lawrence Sellin during which Sellin discloses this information); Peter Boyles Show - Sep 22, 2014 - Hr 2, 710KNUS News/Talk Radio (Podcast), Sept. 22, 2014 (another interview with Sellin during which he reports this again).
Notes: This statement that a whistleblower walked in the door seems at least somewhat consistent with the claims made by Arpaio's Melendres attorneys, in June 2015, that Montgomery " voluntarily, and on [his] own accord, came to MCSO and provided information regarding Judge Snow.The record is devoid of any evidence that the Defendants in this action solicited these sources. Moreover, upon receiving the information voluntarily reported by [Montgomery], Defendants and counsel had a duty to investigate further to determine the veracity of the allegations made by these informants." See Melendres, ECF 1160 at 10.
However, according to a complaint filed in July 2015 by Larry Klayman, Arpaio and his Cold Case Posse approached Montegomery - not the other way around. Per that complaint, Montgomery was "approached by Sheriff Arpaio and the Maricopa County Sheriff’s Office (“MCSO”) under MCSO’s “Cold Case Posse” project concerning the same topics ... as it concerned Arizona citizens and illegal surveillance of them by the federal government." See Montgomery v ACLU, ECF 1 at ¶ 31.
Sept. 6, 2013
Cold Case Posse. Gallups again discusses the Arpaio-Zullo Cold Case Posse birther investigation on his “Freedom Friday” radio show. (PP Simmons, "SHOCK REVEAL! Obot Calls Mike Zullo's Personal Phone! Carl Gallups Listens In!," YouTube). Among other things, Gallups [~4:25] refers again to his August 29 show, in which he'd expressly referred to a "new branch" of investigation initiated in response to the Xerox explanation (unofficial transcript):
“ . . . [T]he fact that one of the latest developments in the Arpaio case is that the, I gotta be careful of what I say here, but that the investigation is now pointing to some people of interest who are known Obamabots. And they have been doing deep investigations of these people. And they’ve discovered some amazing ties across this land to some very important people. And that’s all I’m gonna say right now. Amazing. Here before unknown ties. So folks, hang on. This saga is getting really deep and interesting. . . . But this is getting good.
Sept. 11, 2013
Cold Case Posse. Gallups appears on Mike Volin’s wheresobamasbirthcertificateXcom show. (Youtube) The discussion included (layperson's unofficial transcript) the following:
GALLUPS: “I can promise you that Mike Zullo, Sheriff Arpaio, are going to move it forward as far as they can take it. . . .
This thing is moving along. It's getting deeper and deeper and darker and darker. And, and people are making promises to us that they’re going to move it to a Congressional investigation and all we can do is wait for them to keep their promise. If they keep it, you will see the results of it. If they don’t keep it, then Mike Zullo has a Plan B.
Sept. 13, 2013
Cold Case Posse. Carl Gallups interviews Mike Zullo again regarding the state of the Arpaio-Zullo Cold Case Posse investigation. (Excerpt as later posted on YouTube - Beyond The Birth Certificate! Posse Investigation Yields Surprising Finds!).
Gallups theorizes that there is something sinister about the timing of the Xerox explanation, and both Gallups and Zullo hint of a deeper/darker investigation now under way. Relevant excerpts of the interview include (layperson’s unofficial transcript):
[~9:23] GALLUPS: I will ask you this very generally. Apparently, from everything else you’re finding out – and it’s a lot – the birth certificate thing – which is huge – is kind of the tip of the iceberg. Apparently, this thing gets really dark and really deep and your investigation is leading to some stunning connections to people, places, events, and things across this land. And am I .. can you speak to any of that?
[~9:51] ZULLO: You know Carl, I really can’t , can’t speak to it . . . to any length, but you’re not off in what you’re saying. Like I said earlier, if you think that Sheriff Arpaio just has me looking at the birth certificate on the computer screen . . . you’re wrong. There’s, there’s a lot of stuff here. And I think . . . a lot of this focus on the certificate is being done for the purpose of using this as a focal point to keep attention drawn to that certificate so everything else could just go on by.
Sep. 19, 2013
Atigeo Litigation. Montgomery/Burgyan file a Motion to Dismiss the Atigeo Complaint First Claim and to Strike Second Claim. See ECF 31 (referencing Sep. 19 filing of Motion to Dismiss, docketed in California proceedings as ECF 22).
The same day, the case is transferred from C.D. California to W.D. Washington. See ECF 21; see also ECF 19 (Sept. 12, 2013 stipulation of parties to transfer case for convenience of the parties).
October 2013
Seattle Operation. MCSO detective Brian Mackiewicz and Travis Anglin reportedly get involved in a MCSO “criminal investigation” that will later become known as the Seattle Operation, according to a June 2014 report. See Stephen Lemons, “Joe Arpaio's Investigating Federal Judge G. Murray Snow, DOJ, Sources Say, and Using a Seattle Scammer To Do It,” Phoenix New Times, June 4, 2014.
Note: This “criminal investigation” is most likely the same “universe-shattering” criminal investigation that Arpaio’s Cold Case Posse lead, Mike Zullo has already begun hinting about and which he will repeatedly discuss with Carl Gallups in the months to come.
IMPORTANT NOTE
Testimony and exhibits in the Melendres proceedings have revealed a substantial amount of additional information regarding the Seattle Operation. This information is currently being incorporated first in the WYE Timeline - in 2013, 2014 and 2015. The "new information is clearly marked as follows:
★ - Testimony and exhibits actually admitted in the proceedings) and/or a
📄 - Seattle Operation related documents identified by Plaintiffs as potential exhibits in the proceedings.
The Seattle Operation information will be incorporated into this timeline in the near future (as time permits) but, in the meantime, if you seek additional information specifically the Seattle Operation, please see the WYE Timeline - beginning at Oct. 18, 2013 and through 2015.
Late October 2013
Cold Case Posse. Zullo is reportedly traveling around the country in the two weeks prior to November 8, as a result of the “new branch of investigation” that allegedly results in a “monumental breakthrough.” See, e.g., PPSimmons, Freedom Friday update (Nov. 8, 2013), YouTube, Nov. 8, 2013. Gallups will later claim (Nov. 22) that Zullo “went out for a three hour meeting and [he’s] been there a month.”
Seattle Operation. According to MCSO's Travis Anglin, Brian Mackiewicz go to Seattle "either in late October or beginning of November of '13, and I don't believe he returned until the beginning of January. Because when I went on January 10th, I flew up there with Mackiewicz and Zullo. They stayed when I returned, and I don't think that Brian returned more than twice from then until May when I came home with him." See Melendres ECF 1365-1 at 20 (Anglin Depo at 120).
Oct. 30, 2013
Atigeo Litigation. Montgomery/Burgyan refile their a Motion to Dismiss the Atigeo Complaint First Claim and to Strike Second Claim. See ECF 31 (Motion); ECF 32 (Demaratech LLC and Offshore D Ltd’s notice of joinder in motion to dismiss).
Early November 2013
Cold Case Posse. Zullo is reportedly traveling around the country in the two weeks prior to November 8, as a result of the “new branch of investigation” that allegedly results in a “monumental breakthrough.” See, e.g., PPSimmons, Freedom Friday update (Nov. 8, 2013), YouTube, Nov. 8, 2013.
Seattle Operation. According to MCSO's Travis Anglin, Brian Mackiewicz go to Seattle "either in late October or beginning of November of '13, and I don't believe he returned until the beginning of January. Because when I went on January 10th, I flew up there with Mackiewicz and Zullo. They stayed when I returned, and I don't think that Brian returned more than twice from then until May when I came home with him." See Melendres ECF 1365-1 at 20 (Anglin Depo at 120).
Seattle Operation. Dennis Montgomery faxes to Arpaio a "DOJ / ARPAIO 2007 - 2013" Timeline. See fax here (courtesy Phoenix New Times). While the fax does not mention Judge Snow by name, it clearly refers to him hearing the Melendres case and ruling on it.
Arpaio makes both handwritten and typewritten notes on the back of this fax. See here (courtesy Phoenix New Times.) Arpaio does, in his notes, specifically mention Judge Snow and refers to several purported links between Snow and others. See also WYE - Oct. 2, 2015 (re: Arpaio's testimony during contempt proceedings regarding fax.)
Nov. 8, 2013
Cold Case Posse. During his Freedom Friday radio show (PSimmons, BREAKING! EXCLUSIVE! MONUMENTAL BREAKTHROUGH in Birth Certificate Case!, YouTube, Nov. 8, 2013), Carl Gallups asserts the following (layperson's unofficial transcript):
“While I am not an official spokesperson for Mike Zullo and Sheriff Arpaio - here is what I can tell you at this point: The investigation has never gone silent and it has never stopped. Mike Zullo and I have been telling you (for months) that this investigation took a deeper turn some time back. Well – it not only took a deeper turn – but it has now become much, much deeper! Deeper than you could ever imagine!
Mike has been traveling around the country the last two weeks as a result of this new branch of investigation. The implications of what has been uncovered (with hard documentation and evidence) are absolutely astounding – it is beyond monumental. As a result - the investigation work has increased 100-fold in intensity. This is why Mike Zullo has made no recent comments. The necessity for absolute 100% confidentiality is too important. I would not expect a detailed comment from Mike Zullo or Sheriff Arpaio for a while. This is simply too big to let even a hint out about what they now know.” . . .
Let me add – this is the first time that Mike Zullo hasn’t told me everything that he knows. There is simply too much and it now goes too deep. I know enough to tell you with confidence what I have just told you. Trust me – this is huge . . . it is so monumentally huge.”
Later on in that show ("Freedom Friday update (Nov. 8, 2013), YouTube), Gallups continues discussing the matter. (layperson's unofficial transcript):
[3:22] Mike Zullo and I have been telling you, if you'll remember, for months, that this investigation a couple months ago, took a deeper turn. You remember that? I told you it took another turn? Well, not only did it take a deeper turn, but now it has gotten deeper. Deeper, deeper, darker than you could ever imagine. . . .
[3:44] Mike has been traveling around the country the last couple of weeks as a result of this new branch of investigation. I mean it's all connected and interconnected, but it goes way deeper, way more than the birth certificate. . . .
[4:00] I have to be very careful with this, because the implications of what . . . has been uncovered - and this is with hard documentation and evidence, hard evidence, hard documentation is now in their hands. It is absolutely astounding. It's . . . beyond monumental. It could be . . . it could be historical. It could be history changing. . . .
[4:38] I wish I could tell you what has been discovered. And it's not just one thing. It's . . . a handful of unbelievably monumental things. And remember, and they now have the hard document evidence, and more evidence that I'm not allowed to say what in their hands on this stuff.
[4:58] So, as a result, the Cold Case Posse investigation, the Zullo investigation has increased a hundredfold in intensity. . . .
See also, e.g., BREAKING! EXCLUSIVE! MONUMENTAL BREAKTHROUGH in Birth Certificate Case!; Astounding New Revelations! Obama Fraud Case - Freedom Friday With Carl Gallups; and CONFUSION! Multiple BHO Birth Certificates On Display In Alabama Court Case! published by Gallups on PPSimmons for various “print” versions of these “announcements.”
Before Thanksgiving 2103
Seattle Operation. Mackiewicz and Zullo give Montgomery "200.00 dollars a piece out of our own pockets so [he] could have a Thanksgiving with [his] family.... Just to later find out [Montgomery] worked Tim for 500.00 dollars also," according to a Nov. 3, 2014 email from Mackiewicz to Montgomery.
Nov. 18, 2013
Atigeo Litigation. Atigeo files an Opposition to Montgomery et al’s Sept. 19 Motion to Dismiss First Claim and Strike Seconde Claim. See ECF 34; ECF 35 (Sandoval Declaration in Support of Opposition).
Nov. 22, 2103
Cold Case Posse. Zullo appears on Gallups' show. See PPSimons, “BREAKING! Lt. Zullo: We have UNIVERSE shattering new information!," Nov. 22, 2013; see also Youtube video. Below is a layperson's unofficial transcript excerpts from that show:
[00:20] ZULLO: This is moving in a direction that was not anticipated by us and, uh, Maricopa County Sheriff's Office is now deeply involved in other aspects of this and we're working closely together as one team and one unit moving forward on this. . . .
[2:04] GALLUPS: We are having to be very general and a bit nebulous right now because this thing has gone so much deeper and darker than even you and I ever dreamed. But the evidence is mounting, you're getting hard copy documented mountains of evidence . . . that takes this thing in a whole different direction that is just earth shattering, history making . . . potentially, and it all started because of your deep investigation into the birth certificate debacle.
But Mike, I want to ask you something. Now several months ago, the birth certificate investigation took a turn because the obots were claiming they had a xerox machine that was reproducing the anomolies and therefore your entire investigation should just be flushed down the toilet. And you and I both smelled a rat . . . because that was awfully convenient . . . at just the right time they supposedly had discovered the machine that did the thing. But - you've got something to say about that. . . .
. . .
[5:13] GALLUPS: .. Especially knowing what you now know. Especially, the direction this investigation has turned. . . . I know it's all connected to the birth certificate, but now the information that's piling in has turned kind of away from that and it's almost like people knew that that was out there and they were trying desperately to keep you away from it, and keep you busy on the birth certificate. And Kaboom! . . . Your crack investigation skills and Arpaio and everybody that surrounds you has opened this thing up and [it's] wide open now, right?
[5:49] ZULLO: It is. And, you know like I said, I can't go into what this is but I can tell you that the magnitude is so great that Sheriff Arpaio has allocated resources from the Maricopa County Sheriff's Office. . . . He is fully invested in this and, I don't think . . . I don't think I've been home . . . more than two days all this month.
[6:10] GALLUPS: . . . You went out for a three hour meeting and you've been there a month.
ZULLO: . . . That's exactly what it turned into.
GALLUPS: . . . And you've been several places . . . But this thing is just, has just blown into a monumental thing. . . .
[8:19] ZULLO: And I am going tell you - and you can take this show and play it in the future - that when this information is finally exposed to the public, it will be universe-shattering. . . . This is beyond the pale of anything you could imagine. . . .
And it wouldn't be happening if it wasn't for Sheriff Arpaio and his dedication, because the man knows in his gut that something's wrong. ... It's because of Sheriff Arpaio that this is even happening.
See "Mike Zullo presents the 'meatball hypothesis," Obama Conspiracy Theories, May 19, 2015, for a more complete transcript of the Zullo interview.
Atigeo Litigation. Montgomery/Burgyan file their Reply in Support of Sept. 19 Motion to Dismiss First Claim and Strike Second Claim. See ECF 36 (Reply); ECF 37 (Montgomery Declaration in Support of Reply). In Montgomery’s Declaration filed today, Montgomery acknowledges that he created the websites at issue, but asserts that he did so “to alert the public as to the fraudulent and misleading business practices of Michael Sandoval and his company, Atigeo. In doing so, it was my hope to prevent further individuals from being victimized or injured from these deceptive business practices.” ECF 37 at ¶ 9.
Nov. 23, 2013
Cold Case Posse. Western Journalism publishes an interview with Arpaio. (YouTube). Below is a layperson's unofficial transcript of relevant excerpts from that show:
[00:45] ARPAIO: .. I've been in law enforcement over 50 years and ... coincidentally over 26 years with the Department of Justice, which Holder is now the Attorney General, appointed by the President. And, after that administration took office, they seemed to be target in on me. Especially the Department of Justice and the attorney general also. I've been a target almost four years. I think basically it probably had to do with the immigration, my fight against illegal immigration. The birth certificate investigation which we started two years ago and is still in progress and we're finding more .. fire .. and that's another issue. I don't know if that has any bearing. I will say that I do not get a Christmas card from the President who I met about three years ago. So, he's there. He's still there. You have to give him credit - he's still there. And I hope he gives me some credit, to say Sheriff, no matter what we're doing after you, you're still around too. So, we're both in the same boat, Mr. Holder. . . .
[2:12] ARPAIO: First of all, The 1070 had nothing to do with enforcement. I started the fight against illegal immigration six years ago, before anyone knew what 1070 was. And I was certified by the federal government, ICE, Homeland Security, they swore in 100, 160 of my deputies to enforce the federal laws, which I think we did a pretty good job. And, by saying I think we did a good job, I think that's [why] they took away all of my certification, but in the meantime, I was and I still am enforcing the state laws - human smuggling and the workplace employer sanction, and I know that a judge just ruled against me, and my people are not racists, but we will be appealing his ruling.
<Question: Are your immigration activities being monitored?>
[3:24] ARPAIO: The federal court said I have to have a monitor. And, you know what? I'm not concerned. I've been monitored by the White House, the Justice Department, the ACLU, the media. I could go on and on, so what's one more? Doesn't bother me at all. . . .
[5:00] ARPAIO: Let me say this. I do have a little experience of the diplomatic attache overseas too, so I know how they operate. And we'll see what happens as time progresses, regarding intelligence "slash" national security.
Nov. 24, 2013
Cold Case Posse. Mark Gillar comments on city-data.com forum, as follows: "As someone who knows what they [the Arpaio-Zullo Cold Case Posse] have, I can assure it's irrefutable. I don't know what made Obama think he could get away with this, but he will not. Obama, as well as many at the HDOH, Hawaii Gov. Office, Hawaii Attorney General's office, the Selective Service System, and U.S. Post office will be wearing orange jumpsuits within a year." (11-24-2013, 11:34 PM Posting.)
Additionally, Mark Gillar comments on a city-data.com forum, as follows: “When crimes were committed against the MCSO in an attempt to thwart the Obama document fraud investigation, it opened the door for department resources to be used. The circumstances changed since Arpaio made that first statement." (11-24-2013, 11:37 PM Posting.)
Nov. 27, 2013
Atigeo Litigation. Atigeo files a Surreply in Opposition to Montgomery/Burgyan’s Sept. 19 Motion to Dismiss First Claim and Strike Second Claim. See ECF 39 (Surreply); ECF 38 (Notice of Intent to File Surreply).
In the Surreply, Atigeo seeks to strike Montgomery’s Declaration (ECF 37) on grounds that it raises new matters not asserted in his opening brief. (On Jan. 22, 2014, the Court will strike all but ¶9 of the Montgomery declaration for this reason.)
December 2013
Seattle Operation. “[T]here were meetings” (presumably between Montgomery and MCSO personnel), per documents reviewed by Judge Snow as of May 14, 2015.
MCSO Sergeant Travis Anglin receives three revisions of the Seattle Operation “flowchart-looking documents purporting to show a Judge Snow-DOJ conspiracy from Mike Zullo via email exchanges. See Melendres ECF 1365-1 at 3 (Anglin Sept. 9, 2015 Depo at 34).
December 2013 - January 2014 (and beyond)
Seattle Operation. According to Judge Snow, Montgomery begins creating "work product" in December and January, and at least their properties indicate that they have been revised many times over a period of substantial months”, per documents reviewed by Judge Snow as of May 14, 2015.
Judge Snow will later characterize these documents as follows:
[44]The documents that I have seen pertain to what appears to be some of the activities of the Seattle operation we involve Dennis Montgomery as a confidential informant. The documents seem to reveal that as at least part of their operations, the Seattle operatives attempted to construct an alleged conspiracy that supposedly involved this Court; one of this Court's former law clerks; Eric Holder, the attorney general of the United States; Lanny Breuer, the Chief Deputy Attorney General of the United States in charge of the criminal division; Phil Gordon, the mayor of Phoenix; and Brian Sands, the executive chief of the MCSO. The purpose of the alleged conspiracy was apparently to covertly investigate the MCSO and deprive the sheriff and the MCSO of the due process of law in this particular case and in a related case brought against the sheriff by the DOJ.
This Seattle operation work product seems to purport that by allegedly using a database of information harvested by the CIA and confiscated by him, Mr. Montgomery was able to reproduce fragments of e-mails that had been sent in 2009 and [45] 2010 between persons within the Department of Justice, Mayor Gordon, and Brian Sands.
As it pertains to this Court, the Seattle operation work product, which was apparently prepared and revised over a number of months, not a few, it began apparently -- the first contact was in September of 2013. There were meetings in December. These documents began being created in December and January, and at least their properties indicate that they have been revised many times over a period of substantial months.* Anyway, the documents purport to track telephone calls between this Court, Eric Holder, Lanny Breuer, and Dennis Burke to reproduce those phone calls which occurred years earlier. And between the Court and one of its former law clerks, who apparently allegedly was supposed to have served as this Court's liaison with the Department of Justice regarding this case.
The documents appear to allege or suggest that this Court had contact with the Department of Justice about this case before the Court was ever assigned to it. It further seems to suggest that when Judge Murguia recused from this case, the random selection process of this Court was subverted so that the case was deliberately assigned to this Court. The documents further suggest that thereafter this Court had conversations with Eric Holder and Lanny Breuer about this case, and it also alleges that this Court issued an order to [46] tap the MCSO's phones after being assigned as the judge in this case.
It also seems to allege that this Court had conversations, as I've indicated, with the Department of Justice, through one of its former law clerks as an intermediary.
Melendres May 14, 2015 Hearing Transcript, ECF 1097, at 44-46.
*Note: On July 10, 2015, the Court issues an order unsealing a Cecilia Wang Declaration attaching Seattle Operation documents, which had been filed by Plaintiffs under seal. See Melendres ECF 1165. As a result, the Cecilia Wang Declaration - and attached documents - was unsealed. ECF 1166. The Wang Declaration contains several versions of timelines and charts with information that generally comports with Judge Snow's characterization of some of the documents he reviewed:
- "JOE ARPAIO BRIEF; Timeline" Rev 1.3a (id. at 28-31)
- "JOE ARPAIO BRIEF; Timeline" Rev 1.4c (id. at 32-35)
- "JOE ARPAIO BRIEF; Timeline" Rev 1.5a (id. at 36-39)
- "JOE ARPAIO BRIEF; Timeline" Rev 2.0 (id. at 40-43)
- Chart titled "ARPAIO BRIEF" Rev 1.4c (id. at 44)
- Chart titled "ARPAIO BRIEF" Rev 1.5a (id. at 45)
- Chart titled "ARPAIO BRIEF" Rev 2.0 (id. at 46)
Dec. 7, 2013
Cold Case Posse. ObamaReleaseYourRecords posts a new article: CCP Researcher Unloads: Multiple Counts Of Document Fraud (see also YouTube Video), stating (among other things): “Gillar said he is in contact with the [Arpaio-Zullo Cold Case Posse] almost daily and never has there been so much enthusiasm and confidence as there is right now regarding the Obama document fraud investigation. He said there's extreme reason for hope right now and that it's not just about the birth certificate it's about multiple counts of document fraud.”
Dec. 10, 2013
Cold Case Posse. Gallups reports that the Arpaio-Zullo Cold Case Posse birther investigation "has now morphed into criminal revelations that Mike Zullo (with Sheriff Arpaio's full knowledge and support) has called 'universe shattering." See Carl Gallups, “HEAT! Washington Times AD: Obama's Selective Service Form - FORGERY!,” PPSimmons, Dec. 10, 2013.
Dec. 11, 2013
Seattle Operation. According to later reports, there is a meeting at the Arizona Attorney General's Office, including "Montgomery, an assistant AG, and [MCSO representatives]” – as confirmed by “Brnovich's top flack, Ryan Anderson.” See Stephen Lemons, Arpaio Sought Assistance from Former AG Tom Horne's Office in Dealing with Confidential Informant (Phoenix New Times, May 6, 2015).
The MCSO's Brian Mackewicz will complain on Nov. 3, 2014 that "It is extremely discouraging to learn most if not all the representations made by Dennis Montgomery to investigators, the State of Arizona Attorney General, and a Federal Judge have been less then truthful."
Additionally, Mike Zullo will assert on Apr. 9, 2015 that Montgomery has breached "a videotaped Free Talk Agreement" between him and the Arizona Attorney General.
Dec. 12, 2013
Cold Case Posse. Gallups reports that the Arpaio-Zullo Cold Case Posse birther investigation has "taken a much deeper and criminal turn due to leads developed while investigating the forged birth certificate. Zullo claims that the information they now have, as hard-copy evidence, is "universe shattering." See Carl Gallups, "DEATH SHOCK! Hawaii's Dept. of Health Loretta Fuddy Dead in Plane," PPSimmons, Dec. 12, 2013.
Dec. 13, 2013
Cold Case Posse. Zullo appears on Gallups’ show (saying he'd “just got off the phone” with Sheriff Arpaio), and discussed the "new investigation. Among other things, he asserts (based on layperson's unofficial transcript) that new information has come to light:
[~3:36] "[This new] evidence that has been developed, was developed during the course of this investigation. At that point, when I was receiving it, we compiled it and we brought it to the attention of Sheriff Arpaio. At that time, that was tabled at the Maricopa County Sheriff's Office and a decision was made by Sheriff Arpaio to move forward and he has allocated resources and detectives now to assist us in a different line of investigation involving this investigation. It all stems from Sheriff Arpaio's birth certificate investigation. . . . Now, this is going to be handled exclusively as a criminal investigation being conducted by the Maricopa County Sheriff, the Maricopa County Sheriff's Office."
See Link to archived version of show; see also WYE Timeline - Dec. 13, 2013 for more details.
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