Last Updated: Nov. 16, 2015
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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.
January 2014 and next several months
Seattle Operation. Seattle Operation docs “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”, per documents reviewed by Judge Snow as of May 14, 2015. See also December 2013 - January 2014 (and beyond), for links to referenced documents.
Seattle Operation. MCSO detectives Brian Mackiewicz and Travis Anglin reportedly spend “a lot” of time in Seattle Washington with confidential informant Dennis Montgomery, working on a "criminal investigation" during the first half of 2014. 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.
This “criminal investigation” is most likely the same “universe-shattering” criminal investigation that Arpaio’s Cold Case Posse lead, Mike Zullo and Carl Gallups have discussed (and will continue to do so in the coming months).
Jan. 1, 2014
Seattle Operation. “David Webb” (Montgomery) sends an email to Zullo that includes the statements “"Covington now included" and “"Seems ... the only people not talking to the Judge G. Murray Snow was Sheriff Arpaio and his attorney's." Zullo forwards the email to Travis Anglin. See Melendres ECF 1365-1 at 8 (Anglin Sept. 9, 2015 Depo at 56).
Jan. 2, 2014
Seattle Operation. “MCSO staff and attorneys have a meeting regarding the Seattle Operation. Details about this meeting - including the date - are still not entirely clear, as memories of some participants differ. See WYE Timeline - Jan. 2, 2014 for additional details (which are still being developed).
Sometime After Jan. 2, 2014
Seattle Operation. Apparently MCSO's Steve Bailey has, for a period, approved payments to Dennis Montgomery and approved travel expenses for MCSO employee. See Melendres ECF 1365-2 at 4 (Bailey Depo at 337). However, at some point he refused to do so.
Q. After you expressed your concerns that Dennis Montgomery was not reliable, did the investigation continue?
A. Yes.
Q. After you -- at the point that you had the conversation with Chief Deputy Sheridan saying that you could not in good conscience approve payments to Dennis Montgomery, did payments to him continue?
A. I believe so.
Q. Did you continue to sign those approvals?
A. I did not.
Id.
Q. Okay. Did you continue to sign those travel expense approvals after reaching that conclusion?
A. I don't believe I did.
Q. Do you know what -- who started to approve them after -- well, first let me ask you. Did the travel continue after you declined to sign those approvals?
A. Yes.
Q. Do you know who did do those approvals?
A. I don't.
Q. Do you recall
Id. at 5 (Depo at 344).
Jan. 8, 2014
Criminal Case. During a status conference in Montgomery's criminal case pending in Nevada (arising out of the Nov. 10, 2010 grand jury indictment), Montgomery's "counsel state[s] there is an offer on the table and request[s] to keep the current trial date." See Nevada v. Montgomery, Jan. 8, 2014 Minutes of Proceedings (Nev. Super. Ct. Clark Cty.). The Next status check is set for May 5, 2014.
The next day (Jan. 9), the indictment will be amended, apparently to drop five of the six pending felony charges. See Jan. 9, 2014 entry on Calendar Events listing on docket; see also id., dispositions.
Jan. 9, 2014
Cold Case Posse. “Carl Gallups [tells] his audience this morning that the details of [the Arpaio-Zullo Cold Case Posse] investigation are scheduled to be revealed in March. The investigation team is working diligently on the final verification of all the information they have. They do not want to bring anything forward which is not 100 percent verified.” See Mike Shoesmith, “'UNIVERSE SHATTERING!' Arpaio Team to Release Investigation Info in March!,” PPSimmons, Jan. 9, 2014.
Jan. 22, 2014
Atigeo Litigation. Federal District Judge James Robart issues an order denying Montgomery/ Burgyan’s Sept. 19, 2013 Motion to Dismiss First Claim and Strike Second Claim. See ECF 44 (PDF).
With respect to Defendants’ Motion to Dismiss Count I (Cybersquatting), the Court concludes that “In sum, not only have Plaintiffs alleged facts addressing almost all of the nine factors that a court may consider when determining bad faith intent, but the unique circumstances of the case indicate that Plaintiffs’ situation is covered by the ACPA. As such, the court denies Defendants’ motion to dismiss.” Id. at 13. With respect to Defendants’ Motion to Strike Count II (Libel) per California’s Anti-SLAPP Statute, the Court holds that “Assuming without deciding that prong one is met, Defendants’ anti-SLAPP motion fails at prong two because Plaintiffs have shown a probability of success on their libel claim.” Id. at 17.
Jan. 31, 2014
Cold Case Posse. During his Freedom Friday radio show, Carl Gallups provided an update on the Arpaio-Zullo Cold Case Posse birther investigation. See PPSimmons, Zullo/Arpaio Info Release Update! IT'S STILL ON!, YouTube, Feb. 2, 3014. (layperson’s unofficial transcript):
GALLUPS: Also, I want to give you a quick update. I have heard from Lieutenant [sic] Mike Zullo, of the Sheriff Arpaio-Mike Zullo, uh, Cold Case Posse and the Maricopa County Sheriff's Office investigation of the Obama fraud case. And of Course I've been keeping you updated on this for years, but for our newer listeners, Mike Zullo and I talk almost every day and he keeps me apprised and updated on the guts of what's going on - the guts of the case, and he has characterized the case as "universe-shattering." ... That's the word he [Zullo] is using; that's the word that Arpaio is using - "universe-shattering" information. And so, I was just talking with him yesterday and the information continues to get deeper and deeper ... the evidence continues to mount; documented evidence as well as other evidence that's extremely ... what's the word? I'm not at liberty ... to tell you what all they have, ok? In fact, I can't even hint, but I'm just telling you that he confirmed yesterday that they're still shooting for a March news conference release date of all of this information. Universe-shattering. ...
[~2:35] ...[W]hat's gonna come forward doesn't really - the birth certificate is going to be a part of it, I imagine, I mean, because that's huge, that is huge - but this is not a birth certificate issue now. I mean, it's gone way -- it's because of their investigation into the birth certificate, that they were able to take, turn some corners after they developed some leads -- and, they turned some deep deep corners ... and some of it was because of the Obamabot input; some of it you heard right here on this show. And once those investigations - you know - people started ... looking into deeper things and other things, and started listening to what some of the Obamabots were saying - that some clues were given. And then, once that happened, the snowball began to roll and doors began to open and evidence began to pile up and .. and that's all I can say about it. . . .
Feb. 7, 2014
Cold Case Posse. Zullo again appears on Gallups’ Freedom Friday show. See PPSimmons, Arpaio Investigation Team Traces "O-bots" Back to Obama Admin! Zullo Update, YouTube, as Feb. 7, 2014. In the first segment of his interview, Zullo summarizes the status of the investigations as follows (layperson’s unofficial transcript):
[~1:42]ZULLO: … As an outgrowth – during an investigation, and you know this from your law enforcement background – you get other information. And other information surfaced as a result of this birth certificate investigation, that has now prompted Sheriff Arpaio to open up a second investigation. And this is a criminal investigation into other matters that I am not at privileged to discuss openly yet, but I can tell you that when the Sheriff’s Office is finished, that they will be compelling, they will be mind blowing and they will be disconcerting. . . . .
[~3:13] ZULLO: ... I don’t know how this is all going to play out. I know that the criminal investigation that we’re working on now, Sheriff Arpaio has dedicated resources in two full-time Maricopa County Sheriff’s Office detectives, and these are seasoned pros that are working this. These are the guys that go hunt down the really bad guys. You don’t want these guys trying to find you because they will find you. … And I can only tell you that it’s fluid, it’s evolving, and it’s very intense. . . . .
In the second segment, Zullo states that they’ve identified several obots, including one that’s potentially involved somehow with DARPA and Obot(s) with IP addresses traced to the Obama Administration (layperson’s unofficial transcript):
[14:26] ZULLO: We have a pretty good idea who some of the ones who are anonymous are. … One in particular we know works in the field of artificial intelligence in projects that are funded by DARPA, so that tells you a lot right there. We have placed IP addresses going back directly to the Administration. We’re counting on those as very suspicious as to when logins happen and when things are posted. . . . .
Zullo and Gallups then state yet again that the second, criminal investigation came about as a direct result of the Obots' Xerox explanation (layperson’s unofficial transcript):
[16:26] ZULLO: Well, I’ll tell you, the one thing I will commend them [Obots] for. Throwing up the nonsense Xerox machine argument is what got us where we are today. …
[16:35] GALLUPS: Well, yes it did. And that’s all we’re gonna say about that. But I’m glad they did it, and you’re glad they did it and Sheriff Arpaio’s glad they did it, because that’s where everything started branching off into some deep, deep deep stuff.
See WYE - Feb. 7 for more complete transcript and links to additional related reporting.
Feb. 10, 2014
Cold Case Posse | Seattle Operation. Arizona Politics Blog queries the MCSO about Zullo’s claims that MCSO had dedicated sources to a criminal investigation related to the birth certificate investigation. See BREAKING: MCSO Confirms Sheriff Arpaio Now Has 2 FT Detectives Working On Investigation Related To President Obama Birth Certificate Investigation, Arizona Politics Blog, Feb. 10, 2014.
Arpaio spokesperson Lt. Brandon Jones initially confirmed the matter, stating “We have two Sheriff’s detectives assigned to look into other issues surrounding the birth certificate, however they are not investigating the birth certificate issue itself." Id.
However, later that day, Jones retracted his prior statement and issued a new one. Id. According to Jones’ clarification: "I was misinformed. The detectives are not working on anything regarding the birth certificate. Not even surrounding. Mr Zullo was incorrect, they are working on other sensitive cases not even related." BREAKING UPDATE: Maricopa County Sheriff's Office DENIES Detectives Are Working On Criminal Ancillary Investigation Related To Obama Birth Certificate Probe, Arizona Politics Blog, Feb. 10, 2014.
Feb. 18, 2014
Atigeo Litigation. Montgomery/Burgyan file their Answer to Atigeo’s Complaint. See ECF 45 (PDF). In the Answer,
- Montgomery admits that he “owns the web sites alleged as www.atigeo.co, www.gratonresortcasino.net and www.theuntoldstory.net. Defendant Dennis Montgomery denies he currently operates any of the alleged web sites and denies that he currently owns either www.yellowstoneclubs.com or www.yellowstoneclub.net.” Answer, ¶21.
- Montgomery does not deny using pseudonyms, email accounts or Twitter accounts, but “denies using email accounts or Twitter accounts in an inappropriate or illegal manner.” (Burgyan denies any use of such pseudonyms, email accounts or Twitter accounts). Id., ¶24.
- Montgomery admits he registered <atigeo.co> and other related websites but asserts that he did so “with the intent of alerting the public and the media to plaintiffs’ misuse of funds Edra Blixseth invested in Atigeo.” Id. ¶¶ 31, 48-50.
- Montgomery admits that he published the allegedly defamatory statements at issue but denies “the time frames alleged" and that the statements are defamatory. Id. ¶ 63.
All other relevant allegations are essentially denied.
Feb. 28, 2014
Atigeo Litigation. Burgyan files a Motion for Summary Judgment. See ECF 46 (Motion); ECF 47 (Nierman Declaration); ECF 48 (Burgyan Declaration).
Cold Case Posse. During his Freedom Friday radio show, Carl Gallups briefly discusses the status of the Arpaio-Zullo investigations. See PPSimmons, Major Media Lining Up for Big Zullo/Arpaio Reveal! Plus - Rabbi Book Reaches MUSLIMS in Middle east!, Mar. 2, 2014. (layperson’s unofficial transcript):
[13:24] Plus, Sheriff Arpaio – I’m telling you – the information that they have in hard copy information of this criminal activity that they have traced to the White House continues to pour in and continues to mount and so they’re still in this huge investigation process and so, I mean, listen, if I was Sheriff Arpaio and late March came around and I have all this major media that has signed on and they’re doing filming and interviewing and the information is still coming and I’m still confirming it, I’d put it off a little bit, I mean, yeah. When you come to the plate, when you come up to the plate, you wanna hit a home run. . . . So that’s the only reason we’re saying that it’s still fluid – although, right now, they’re still saying late March. And they believe they can make that date. But if it has to go to April, or May – heck, I don’t care if it goes to June – and by the way, Arpaio and Zullo didn’t say those dates – I’m saying them, so don’t take that and say Arpaio says June now. No, he did not say that. I’m saying that – I’m saying, knowing what I know, and knowing what’s happening and what’s involved, I’m very happy with the fact that sometime this year – and probably late March – it’s going to be released. . . . And remember there are two investigations: there’s the birth certificate investigation, which is huge and then, of course, there is also the criminal investigation.
See WYE - Feb. 28 for more complete transcript.
Mar. 7, 2014
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 19, 2014, 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 September 8, 2014, file with the Court further written reports concerning the then-present status of the related bankruptcy matter."
Montgomery v. IRS, Mar. 7 2014 Order.
Mar. 14?15, 2014
Cold Case Posse. Mark Gillar reportedly is working with Arpaio on material to be released at the promised upcoming press conference on the "universe shattering" information, according to comments made in a BirtherReport article as reported in this Free Republic Post (#16 & #31):
“Things are a bit different this time. The LFBC and Selective Service Card investigations resulted in the discovery of many other crimes that were committed by this regime. Some of which will piss off democrats and republicans alike. Don’t focus on a timeline. As far as I’m concerned as long as it breaks by summer and impacts the 2014 midterms, I’ll be happy. The delays are coming because of the amount of time that is taking to retrieve and log the large amount evidence as well as make sure the proper chain of custody is preserved and recorded. The evidence is different this time. I’d back off criticizing the CCP. You’ll have a lot of egg on your face when this is over if you continue.”
See WYE- Mar 14?15 for additional info.
Mar. 19, 2014
Atigeo Litigation. Atigeo files a Motion for Protective Order Governing Discovery. See ECF 50 (Motion); ECF 51 (Sandoval Declaration); ECF 52 (Park Declaration); see also ECF 53 (Atigeo Praecipe re: Motion, filed Mar. 21).
Mar. 21, 2014
Atigeo Litigation. Atigeo files a Motion to Quash Subpoenas Duces Tecum Issued to Amy Dedoyard, Windermere Real Estate, and 206 Inc. See Atigeo v. Offshore Ltd, ECF 54.
Cold Case Posse. During his Freedom Friday radio show, Carl Gallups briefly discusses with Mike Zullo the status of the Arpaio-Zullo investigations. PPSimmons, Mike Zullo: "It WILL Happen - Please be PATIENT!" - Explains Delays), YouTube, Mar. 22, 2014. When Gallups asks Zullo for an update on the "universe shattering" press conference that was expected to happen in March, Zullo responds as follows (layperson's unofficial transcript):
[00:17] ZULLO: Well, Carl, I can't obviously divulge any information, but what I can tell you is, you just have to be patient ... we have a target date in March; whether that's going to happen or not is still up in the air. But if it doesn't, I can guarantee you it will. Just understand that there are a lot of legal logistics that have to take place, and we are still corrobrating and vetting information. So ... just be patient. I know people are very anxious for March, but I guess the best way I could put it - Sheriff Arpaio is gonna serve no wine before its time.
Zullo also confirms that the "investigation is going on powerfully and smoothly." [Id. at ~ 3:09].
Mar. 24, 2014
Atigeo Litigation. Atigeo files an Opposition to Burgyan’s Feb. 28 Motion for Summary Judgment. See ECF 55 (Opposition); ECF 56 (Tellis Declaration).
Mar. 26, 2014
Atigeo Litigation. Montgomery/Burgyan file an Opposition to Atigeo’s Mar. 19 Motion for Protective Order. See ECF 57 (Opposition); ECF 58 (PDF) (Montgomery Declaration); ECF 59 (McGaughey Declaration).
Montgomery, in his Declaration, denies most of Atigeo’s factual assertions, including but not limited to, the following:
- With respect to the FBI matter, Montgomery asserts that “[t]here were no criminal charges brought against me in connection to that investigation. There was merely a claim I had misused classified materials.” ECF 58 at ¶ 4, p.4.
- Montgomery asserts that “as a result of the 2006 FBI investigation, I filed a lawsuit against Warren Trepp and others, accusing them of fraud, conspiracy, corruption, and False Claims Act violations. That matter was later consolidated as part of the eTreppid litigation. Montgomery further asserts that “[c]ontrary to plaintiffs' statement that my [False Claims Act] claims were "dismissed and judgment entered in favor of defendants," this matter was settled in 2008 as part of the above-mentioned eTreppid settlement.* Again, the only judgment entered against me was the confession of judgment that resulted from Ms. Blixseth's financial collapse and failure to enter into her obligations under the settlement.”* Id. ¶ 5.
*Note: The last two statements are untrue:
Montgomery's Qui Tam case was never consolidated with the eTreppid litigation. Compare Montgomery v. eTreppid Docket with Qui Tam Litigation Docket.
Montgomery settled his eTreppid claims in September 2008. Montgomery signed Confessions of Judgment re: the Montgomery v. eTreppid litigation in December 2008.
The Court issued an order dismissing all parties’ claims in the eTreppid litigation in February 2009.
It was not until July 13, 2009 – three months after the eTreppid litigation was dismissed – that the Government issued its notice of election to decline intervention in the Montgomery FCA Case, which had to occur before Montgomery could even begin to litigate the case.
By that time, Montgomery was in bankrupcty, so it was up to the Estate to prosecute the claim. However, the Trustee determined that "proving up the merits of the False Claims Complaint and damages would be problematic at best," so sought (and obtained) permission to abandon the claim. See In re Dennis Lee Montgomery, ECF 91 at 2; see also Mar. 1, 2010.
On March 16, 2010, the Montgomery FCA case was in fact dismissed and judgment entered in favor of the defendants.
- Montgomery also asserts in his declaration that, “[i]n regard to my credibility, the Federal government has granted me a top secret clearance at various times between 2003 and 2010. In this role, I worked at various government intelligence agencies' facilities that required a top secret clearance.” ECF 58, ¶ 7.
Mar. 28, 2014
Atigeo Litigation. Atigeo files a Reply in Support of its Mar. 19 Motion for Protective Order. See ECF 60.
Additionally, Burgyan files a Reply in Support of their Feb. 28 Motion for Summary Judgment. See ECF 61 (Reply); ECF 62 (Burgyan Second Declaration); ECF 63 (Montgomery Declaration); ECF 64 (McGaughey Declaration).
In his Declaration, Montgomery confirms that he had access to the network solutions account from which the atigeo.co and other websites at issue were created, but asserts that many other people also had access. ECF 63 ¶¶ 5- 9. He denies knowing who added Offshore Limited to the account. Id. ¶ 8.
Mar. 30, 2014
Cold Case Posse. PPSimmons publishes an "exclusive" report - “Zullo on Release Date: PPSIMMONS will know first!,” Mar. 30, 2014. According to this report, PPSimmons asked Gallups about when he expected Arpaio and Zullo to publicly announce the findings of their investigations “into the Obama fraud matter”:
Gallups responded, “As I have been saying for quite some time now. They will release it when they release it. They are making no apologies for doing this thing correctly. There is much at stake here. They have tons of information and documentation to verify, check and re-check. There are legal technicalities as well. Zullo said last year that they were shooting for a late March 2014 release date. That was an estimate. It has always been an estimate. It doesn’t look like that date goal is going to be the time of release now. However, Zullo has assured me the investigations are still moving forward full speed ahead and release conferences will be forthcoming. They are not setting dates, and neither am I.” ...
See WYE - Mar. 30 for additional details.
Apr. ?, 2014
Seattle Operation. Montgomery provides "approximately 50" hard drives to MCSO personnel, who drive them from Seattle Washington to Phoenix. See Melendres ECF 1166 at 17; see also id. at 24-25 (email from Zullo to Montgomery referencing 60 hard drives). According to Mackiewicz, Montgomery aserted that these drives "contained classified and sensitive information that he obtained while working at either eTreppid, or Blixware on behalf of federal government as a CIA contractor." Id. at 17.
Mackiewicz will inform Montgomery and his attorney, Larry Klayman on Nov. 7, 2014, that MCSO experts have concluded that
(a) Montgomery "deliberately complied massive amounts of data on to these drives for the purpose of obfuscating the fact the data itself contained no evidence to support Dennis Montgomery's claims. There was no sensitive information contained on any of these 50 hard drives";
(b) Emails contained on the drive were of questionable validity ("our experts brought question in the validity concerning an number of emails Dennis Montgomery provided in the same hard drives."); and
(c) Also of questionable validity was information provided to support Montgomery's contention that the federal government had "harvested" information in violation of the Fourth Amendment ("information ... cannot be sourced for validity").
Zullo will assert on Apr. 9, 2015 that MCSO's experts had Montgomery's drives examined and "there was absolutely nothing of value on them. To be clear there was nothing of a classified nature contained on any of them and as matter of fact there was evidence of fabrication on numinous levels."
Apr. 1, 2014
Cold Case Posse. Phoenix New Times notes that March has passed without the promised "universe-shattering" information from the Arpaio-Zullo birther investigation. See Matthew Hendley, "Joe Arpaio's Birther Squad Fails to Provide Any Evidence Yet Again," Phoenix New Times, Apr. 1, 2014.
Apr. 8, 2014
Cold Case Posse. During a "special edition" of PPSimmons Radio, Carl Gallups briefly discusses with Mike Zullo the status of the Arpaio-Zullo investigations. See PPSimmons, Mike Zullo with the VERY LATEST INFO! 4-8-14, YouTube, Apr. 8, 2014. Gallups asks Zullo for "the very latest" on his investigation, Zullo responds (layperson’s unofficial transcript):
[00:55] ZULLO: Both investigations are still going full forward. . . . It's a little delicate, there's not a lot that I can discuss, obviously, for investigational reasons. But I can assure everyone that this is on track. You know, I said March as a target date, anticipating that we would have this wrapped up by that time frame. But apparently, and as you can all deduce, that we have more information here that has surfaced and we are vetting that information . . . we want to be as thorough as we can. . . . .
[3:52] Like in any investigation, we didn’t anticipate the depth of information that we’re uncovering and it is deeper than we thought, and that requires a lot more effort.
See WYE - Apr. 8 for additional info.
Apr. 9, 2014
Atigeo Litigation. Montgomery files an Opposition to Atigeo’s Mar. 21 Motion to Quash Subpoena Duces Tecum. See ECF 65 (Opposition); ECF 66 (Nierman Declaration).
Apr. 11, 2014
Atigeo Litigation. Atigeo files a Reply in Support of its Mar. 21 Motion to Quash Subpoena Duces Tecum. See ECF 67 (Reply); ECF 68 (Park Declaration).
Apr. 15, 2014
Atigeo Litigation. Montgomery/Burgyan file an Opposition to Atigeo’s Mar. 21 Motion to Quash Subpoena Duces Tecum. See ECF 69.
Apr. 16, 2014
Atigeo Litigation. Judge Robart issues an order striking Burgyan’s Motion for Summary Judgment without prejudice to re-filing after the completion of three months of additional discovery.* See ECF 70 (PDF).
*Note: According to a later letter between opposing counsel, Montgomery attempted “to withhold discovery based on an improper claim of “reporter’s privilege” (after waiving his discovery objections).” See ECF 80-18 at 2.
Apr. 22, 2014
Atigeo Litigation. Judge Robart issues a Protective Order Governing Discovery. See ECF 71 (PDF). However, he finds that Atigeo’s proposed order (50) is overbroad, so he issues a protective order based on the model protective order provided by this court’s local rules. Id..
Apr. 25, 2014
Atigeo Litigation. Judge Robart presides over a teleconference regarding Atigeo’s Motion to Quash Subpoena Duces Tecum. See ECF 72. As reflected in the docket entry text, “For the reasons stated on the record, the court grants in part and denies in part the motion.”
Apr. 29, 2014
Cold Case Posse. Carl Gallups releases an excerpt from an interview he did on the Bill Martinez Live Show earlier today. See PPSimmons, VERY LATEST INFO! - 4/29 - Arpaio Zullo Conferences - Carl Gallups, YouTube, Apr. 29, 2014. During this interview, Gallups discusses the vast amount of info MCSO is receiving (unofficial partial transcript):
[3:23] Here’s the thing. This investigation has progressed so powerfully and beyond expectations – is what Mike Zullo was telling me last night – the overwhelming amount of information that has piled into them since January has been absolutely astounding. Mike Zullo told me last night, he said, Look Carl, no one, no one wants this information out to the public any more than me – and Sheriff Arpaio. They know what they have; they’re sitting on top of this amazing, astounding pile of evidence and information backed up by criminal investigation, so they’re very anxious to get it out. However, it’s not gonna happen until it’s ready. . . . They get one shot at this. If they mess it up, if they flub it up, it’s just over, and this is too big and too long and too in detail to in depth to flub up. So they’re being very careful with this pile of new evidence and information that has come in; they’re going through it; they’re verifying it all. There are legal loopholes to jump through, legal logistics to take care of.
[4:31] But the bottom line, Mike Zullo told me last night, he said, Carl, this will happen. It will happen. It will happen sooner than later. It is still – he said it is beyond universe-shattering at this point. He’s said . . . it’s just beyond description what they have. It is history-making – the evidence and information that they have. . . .
See WYE Apr. 29 for additional info.
May 2014
Seattle Operation. Per Anglin, during meetings with Arpaio in May 2014, Anglin tells Arpaio to distance himself from Mike Zullo and Dennis Montgomery. Anglin is taken off the Seattle Operation. See Melendres ECF 1365-1 at 10 (Anglin Depo at 74).
May 5, 2014
Criminal Case. During a calendar call in Montgomery's criminal case pending in Nevada, Montgomery's counsel "advise[s] they are not ready to proceed as deft. is scheduled for another surgery. Mr. Merbach state[s] no opposition, however would like updated medical records.” The Court continues the case for a “status check on trial setting and medical documentation” to be held June 2, 2014. See Nevada v. Montgomery, May 5, 2014 Minutes of Proceedings (Nev. Super. Ct. Clark Cty.).
Week of May 10-14, 2014
Seattle Operation. Travis Anglin is apparently in Seattle, meeting with Montgomery. Per Anglin, as of this time, Montgomery is still on the MCSO payroll. See Melendres ECF 1365-1 at 10 (Anglin Depo at 74).
May 10, 2014
Cold Case Posse | Seattle Operation? Arpaio grants an interview to Chris Pareja, host of “The Right Side,” a conservative public access cable channel show in Mountain View, CA. The Right Side, Sheriff Joe Arpaio, Episode 309, YouTube, May 10, 2014. Arpaio does not expressly refer to the ongoing criminal investigation that grew out of the birther investigation. However, in discussing his potential run for governor of Arizona, Arpaio states the following (layperson’s unofficial transcript from YouTube video):
[17:55] There’s rumors I may run for governor; I’ll make that decision in two weeks . . . uh . . . If I do run, I have to leave the office. I don’t want to leave the office. I have some sensitive investigations going on, including the birth certificate . . . and I’m not done with that yet. . . . So I’m trying to find out who is behind it now; that’s the key.
Mike Zullo later indicates that this statement and/or similar Arpaio statements are referring to the criminal investigation. See, e.g., Zullo’s appearance on Gallups’ May 23 Freedom Friday show at ~3:06 (Zullo stating that “Sheriff Arpaio had made a decision during a recent telephone interview that you know, maybe it was time that we let people know why the March date had elapsed and we did not come out like we anticipated. And the Sheriff made it pretty clear in this interview, and I believe it’s up on a lot of the major sites, that we are honing in on, we believe, the people responsible for the creation of that fraudulent document.”); Id. at ~ 8:26 (“. But it is gonna happen. I mean the Sheriff wouldn’t make the statements he made. The Sheriff made it really clear, don’t be fooled by people telling you that he gave up. ‘Cause he didn’t. And we didn’t. And we’re continuing…”)
See also Sheriff Joe confirms birther investigation ongoing, Obama Conspiracy Theories, May 23, 2014 (discussing Arpaio’s interview and providing more complete transcript of interview excerpts); RC Radio Blog Cold Case Posse Timeline – 2014 (May 10 entry – discussing this interview).
May 12, 2014
According to Larry Klayman's later filings, Montgomery “suffer[s] a brain aneurysm and a related multi-infarct stroke on May 12, 2014. He suffered both a hemorrhagic stroke (caused by ruptured blood vessels that cause brain bleeding) and ischemic stroke (loss of blood flow). . . .He was in the hospital for two months, through July 2014.” See, e.g., Klayman v. Obama, ECF 129 at 3. But see May 14, May 16 and June 21.
May 14, 2014
According to a May 29 letter from Montgomery’s counsel, Montgomery has "brain surgery/procedure to address a brain aneurysm. While in ICU he had a stroke and required another surgery on May 16. Unfortunately he had another stroke on May 18 and is currently blind in his left eye and cannot move his left atm or leg. We have been advised that he will likely be in the neuro rehab unit of Swedish Hospital for maybe a month.” See Atigeo v. Offshore Ltd, ECF 80-5 at 2. But see May 12 and May 16.
May 16, 2014
According to a May 27, 2014 letter from Paul Chuwn Lim, MD, Medical Director of Swedish Rehabilitation Services, "Mr. Dennis Montgomery underwent aneurysm surgery on 5/16/2014 that was unfortunately complicated by multi-infarct strokes with resultant severe left sided weakness and impaired vision. He is currently on the Swedish inpatient rehab unit and will be here until at least late June 2014. He will not be able to testify out of state as a result of his current disability." See, e.g., Montgomery v. Risen, ECF 44, Ex. 9 (p. 173). But see May 12 and May 14.
May 23, 2014
Cold Case Posse | Seattle Operation? Arpaio appears on FoxNews' Neal Cavuto show. See TheBirtherReportDotCom, Sheriff Joe Exposes Obama ID Fraud Cover-Up Live On Fox News, YouTube, May 14, 2014. During the interview, Cavuto asks Arpaio why he doesn't want to run for governor. Arpaio responds:
[~0:40] ARPAIO: The problem if I decide to run, I have to resign . . . so . . . I don't wanna give up the Sheriff's Office. I have too many things poppin', sensitive investigations, everybody's taking shots at me and my dedicated officers, so I'm not going to surrender so I will stay the Sheriff for at least seven more years. . . .
[2:00] ARPAIO: So I'm gonna do what I think is right for my organization and not surrender to the Department of Justice, and any other elements that've been trying to take me down for many years. . . .
Later in the interview, Arpaio again refers to his “sensitive investigations” and laments that the media seems uninterested in them:
[4:42] ARPAIO: I have a couple big sensitive investigations going on, that's one of the reasons I'm not leaving the office, but nobody seems to have an interest in my investigations.
See also WYE May 23 for info re: Zullo statements on Gallups' Freedom Friday show.
May 25, 2014
Cold Case Posse. Sharon Rondeau publishes an article highlighting Arpaio’s recent statements to the press, referring both to his May 23 appearance on Neal Cavuto’s show and his May 10 appearance on Chris Pareja’s show. See Sharon Rondeau, “Is the Media Blackout on Obama’s Forged Birth Certificate Lifting?,” Post & Email, as republished by PPSimmons, May 25, 2014.
June 2, 2014
Criminal Case. During a status check in Montgomery's criminal case pending in Nevada, Montgomery's counsel “request[s] a continuance advising [Montgomery] had a stroke and was in the hospital. The Court continues the matter, setting another status check for Sept. 3, 2014 (though it does not occur until Sept. 10.) See Nevada v. Montgomery, June 2, 2014 Minutes of Proceedings (Nev. Super. Ct. Clark Cty.).
June 4, 2014
Montgomery v. eTreppid. Judge Pro issues a minute order regarding his custody of exhibits in the action and giving parties 21 days to claim exhibits (or they will be destroyed). ECF 1195.
June 5, 2014
Seattle Operation. Stephen Lemons reports on a MCSO "criminal investigation" involving a confidential informant and apparently related, at least in part, to an alleged DOJ-Judge Snow conspiracy against Arpaio. 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.
Among other things, Lemons reports that, according to his sources:
- The two detectives assigned to the “criminal investigation” are Brian Mackiewicz and Travis Anglin. [1]
- Mackiewicz and Anglin became involved in October 2013 and are using, as a confidential informant, Dennis Montgomery from the Seattle, Washington area. [2]
- Montgomery “has convinced the sheriff that he has information suggesting an anti-Arpaio conspiracy between Judge Snow and the DOJ.” [3]
- Arpaio is personally running the case, which has not been assigned any report number. [4]
- Mackiewicz and Anglin have spent a lot of time this year in the Seattle area with Montgomery. [1]
- The case is being financed by using confidential informant/RICO funds, and the MCSO has paid Montgomery about $100,000 to date. [5]
- “At least one underling told Arpaio recently that what Montgomery provided the MCSO is worthless, that Joe is getting played -- which caused the sheriff to erupt into a fit of anger.” [6]
Arpaio will confirm key aspects of this article during their civil contempt hearings in April 2015:
[1] When asked, “Did you detail some of your personnel to conduct investigations that resulted in their frequent trips and stays in the Washington state area beginning in 2013 or 2014?,” Arpaio confirmed as follows: “We had a couple investigations -- investigators go up there, yes,” then identified the investigators as Mike Zullo and Brian Mackiewicz. See Apr. 23, 2015 Hearing Transcript [ECF 1027] at 644. Arpaio also confirmed that Mr. Anglin was assigned to go to Seattle “for a short period of time.” Id. at 655.
[2] When asked whether the confidential informant from Seattle named Dennis Montgomery that Zullo and the MCSO investigators were working with, Arpaio confirmed that as accurate. Id. at 645-56.
[3] Arpaio denied that the Seattle Operation included an investigation of Judge Snow:
[Court] Q. Did you ever -- you see that the article says that what Montgomery was actually doing was investigating me. You see that that's what the article says?
[Arpaio] A. It's not true.
Q. All right. Are you aware that I've ever been investigated by anyone?
A. You investigated?
Q. Yes.
A. No. No.
Q. Any of my activities?
A. No.
* * * *
Q. Okay. Let me ask, in his article Mr. Lemons indicates -- well, let me get -- let me get this clear. Your testimony is that Mr. Mackiewicz, Mr. Anglin, Mr. Zullo, never were involved in any investigation of the Department of Justice or of me, is that correct?
A. Not -- no, not of you.
Id. at 647, 648-49.
However, Arpaio/Sheridan attorneys will file papers alleging that Montgomery did "c[o]me to MCSO and provide[] information regarding Judge Snow." (See Melendres ECF 1158 at 10.) Additionally, per statements made by Judge Snow in May 2015, documents released during those proceedings will confirm the other aspects of Lemons' story -namely that the Seattle Operation involved, at least in part, looking into an alleged DOJ-Judge Snow conspiracy against Arpaio. See December 2013 - January 2014 (and beyond), for additional details.
[4] Arpaio denied he was conducting the investigation:
Q. … And so were you conducting this investigation?
A. No.
Q. Who was in your department?
A. This is Zullo and I think Mackiewicz.
Q. What rank does Mackiewicz have?
A. He's a detective.
Q. Who did he report to about this investigation?
A. I think he and Zullo worked together.
Q. And who did they report to?
A. And Jerry Sheridan.
Q. They reported to Deputy Chief Sheridan?
See Apr. 23, 2015 Hearing Transcript [ECF 1027] at 650.)
[5] Arpaio was unclear about funding, except to confirm that funds from Maricopa County were used for the MCSO detectives (but “we don’t pay for Zullo”) Id. at 645.
[6] Arpaio confirmed that it was “fair to say” that – as Lemons had reported – the MCSO became aware that the [informer] was giving it junk:
A. At one time, but let me just say that the information we're -- we've been getting is the informer's not very viable.
Q. Well, I understand that, I think the article itself says, that you became aware after a considerable amount of time that the reporter was giving you junk. Is that fair to say?
A. Yes.
Q. Or the informer was giving you junk?
A. Yes.
Id. at 650.
Cold Case Posse | Seattle Operation. Birther debunker/blogger Dr. Conspiracy posts an article exploring possible connections between Dennis Montgomery and birthers - particularly Douglas Vogt. See "Vogt and Montgomery (the other one)," Obama Conspiracy Theories, June 5, 2014.
June 6, 2014
Cold Case Posse | Seattle Operation. Carl Gallups responds to Stephen Lemons' June 5 article in response to a caller’s question during his Freedom Firday show. See PPSimmons, WE KNEW! Carl Gallups Takes Callers on Arpaio/Zullo Investigation!, YouTube, June 7, 2014. From the show (layperson’s unofficial transcript):
[~8:30] GALLUPS: Robert, thank you for listening to Freedom Friday. You have a question or comment about the Zullo/Arpaio investigation. Shoot.
[~8:37] ROBERT: Yes. I do. The Phoenix New Times is reporting that the universe shattering information is that Arpaio and Zullo are investigating a federal judge and Eric Holder. Is that true?
[~8:47] GALLUPS: Yeah. Well you know what? Thank you for asking that. To the best of my knowledge it’s not true. Now I can be proven wrong later if Arpaio comes out and says that that’s a part of his investigation. But the stuff that I know, that’s not part of it. But I’m really not at liberty at this point to say exactly what is or is not a part of that investigation. But let me say this about the Phoenix New Times. Uh. In my opinion they are a gossip rag. They are found for free at bus stations all over Phoenix, Arizona. I mean I’ve a lot of contacts inside of Phoenix, Arizona beyond Mike Zullo. A lot of people that I know from that area and I speak with them. And I ask them about this rag, and every one of them says, “Carl. Nobody pays attention to this.” This thing is pro-homosexual. It’s anti-American. They give it away. People, you know, you can’t hardly even give the thing away. Most of the reporting that I’ve ever seen that they’ve done has been absolutely, um, way off base, and totally, totally wrong. So I would guess, if I had to bet money on it, I would bet that what they are reporting is not true. But I can tell you, Bob, er, Robert that what is going to be announced, Zullo has described as universe shattering. And so what the Pensa . . . what the Phoenix New Times has reported is, you know, pretty . . . pretty profound if that’s a part of it, but that’s not the universe shattering information. Does that help you
[~10:09] ROBERT: Well it does except that, um, in the article Zullo didn’t deny anything. He just said “No Comment.”
June 11, 2014
Cold Case Posse | Seattle Operation. Birther debunker/blogger Dr. Conspiracy posts another article exploring possible connections between Dennis Montgomery and birthers - particularly WND and Jerome Corsi. See "The Corsi/WND/Arpaio/Zullo/Montgomery connection," Obama Conspiracy Theories, June 11, 2014.
June 21, 2014
According to a January 6, 2015 letter from Paul Chuwn Lim, MD, Medical Director of Swedish Rehabilitation Services, Montgomery, who “recently” “sustained recent multi-infarct strokes with resultant severe left sided weakness and impaired vision,” completed his inpatient rehab on June 21, 2014. See, e.g., Montgomery v. Risen, ECF 44 at Ex. 10 (p. 175).
Shortly after June 21, 2014
Seattle Operation. Montgomery flies to DC at the request of Mackiewicz and Zullo.
Notes. It is not yet known whether Montgomery met with a federal judge during this visit, or whether the meeting(s) with a federal judge occurred on another date -- and Larry Klayman, Montgomery's attorney, asserts that Montgomery and he met with Judge Lamberth in October 2014.
However, Montgomery will later complain to MCSO individual(s) that:
Regarding my commitment, at your and Brian Mickiewicz’s request, I got on a plane 4 weeks after my stroke and brain coiling against medical advice.
And Mackiewicz will respond to Montgomery by saying that:"
From day one I thought we all had a common goal in mind when it came to this investigation. If your "STORY" was based on facts and the information you provided was all truthful Mike, I, and the Office was dedicated do anything in our powers LEGALLY to help bring your story forward and expose the TRUTH. I truly believe Mike, I, and the Office have lived up to out part of the deal. We have given you approximately 120,000 dollars plus in exchange for information. We brought you before the Arizona State Attorney General, we found you two different Attorneys, and we opened the door to a Federal Judge to give you as much protection as possible.
And to address one other issue that has seemed to come up more then once. If I remember correctly it was you choice to get on a plane and fly to Washington DC. Mike, I, or the Office was not aware you were advised by your Doctor not to travel UNTIL after you flew back to Seattle. I remember Mike and I specifically told when you after you informed us of that information you would have to provide a doctors letter before we would let you travel again. I also remember you getting so intoxicated at dinner while in Washington DC I had to tell the waiter to start serving you cocktails with no alcohol. Mike, I, or the Office would have never let you flight to Washington DC if we knew it was against your Doctors orders.
According to Phoenix New Times reporter Stephen Lemons' source(s), "Klayman was representing Montgomery during visits to Washington, D.C., where they and Mackiewicz reputedly met with a federal judge once on the United States Foreign Intelligence Surveillance Court." See Stephen Lemons, "Arpaio's Epic Fail: Judge Refuses to Recuse Self in Melendre," Phoenix New Times, July 10, 2015.
Lemons also later reports that, when asked whether the judge that the MCSO and Montgomery met with was Senior Federal Judge Royce C. Lamberth, Mackiewicz responded, "When it walks like a duck, quacks like a duck, sometimes it's a duck." Stephen Lemons, “Arpaio May Have Spent $1 Million In Pursuit To Disqualify Judge Snow,” Phoenix New Times, July 15, 2015.
Jun. 26, 2014
Atigeo Litigation. Atigeo files a Motion to Voluntarily Dismiss, without prejudice. See ECF 75. As set forth in the Motion, Atigeo seeks voluntary dismissal after learning the following during the course of discovery:
"1. Following the filing of this action, the Subject Websites were taken down, and the statements underlying the libel claim are no longer publicly accessible on the Internet.
2. Defense counsel has advised the undersigned that Mr. Montgomery has suffered one or more brain aneurisms requiring multiple brain surgeries and has been hospitalized for treatment of blindness and partial paralysis.
3. Mr. Montgomery's medical issues come on the heels of his personal bankruptcy.
4. Documents produced by Mr. Burgyan reveal that he and his family have likewise experienced recent medical and financial hardships.
5. Demaratech, which was owned and managed by Mr. Burgyan, is no longer a going concern.
Being sensitive to Mr. Montgomery and Mr. Burgyan's burdens and, in light of the fact that the Subject Websites are no longer accessible, Plaintiffs believe that voluntary dismissal would be efficient at this time. No party wishes to engage in potentially needless litigation."
Id. at 2.
According to a letter (dated today) from his attorney to opposing counsel, Montgomery is “now out of the hospital but is still in a compromised medical condition.” See ECF 80-17 at 1.
June 29, 2014
Seattle Operation. Dennis Montgomery emails "David Webb"* who in turn emails [email protected] (Zullo) regarding the Seattle Operation, according to documents later produced in the Melendres case and published on the docket. Melendres, ECF 1166 at 15. Among other things, Montgomery claims:
"It is obvious that Anglin and his superiors have been trying to shut this project down since its inception. On one hand Anglin tells not to produce information on Judge SNOW. Then I am attacked for not producing information on Judge SNOW. Too many mixed signals from Anglin. This job is tough enough, but Anglin telling me not me not to share information with others until he gets the information was outrageous. Who was I supposed to trust?
Brian has to take orders from his superiors. Brian has never stop believing in me or the work. I can assure you Brian was getting the same mixed messages I was. But he must follow the orders of his superiors to survive in MCSO. He has taken a lot of time from his family, and for that I am sorry.
Anglin told by me that Sheridan didn’t want to go in front of Judge Snow and be accused of retaliating against the judge.
ANGLIN told me stop work on the BC day one, He told me never to trust Mike Zullo. I was told directly by Anglin not to pass information on to Mike Zullo.
I was not allowed to discuss with Mike zullo what I am being told to do or not to do.
I was setup to fail. To ensure I failed, Anglin or his superiors fed false information to the NEW PHOENIX TIMES. When that failed, I was hit with the SEATTLE WEEKLY news article. I had a stroke, and was in ICU when they article was released.
Anglin would not talk to Carl Cameron in front of me. He knew that promising to deliver data to FOX, and then not do it, would hurt me with FOX. He accomplished his goal. Anglin or his superiors then fed false information again to the New Phoenix Times to discredit the data, adding more doubt into Carl Cameron’s mind. Carl Cameron’s recent email says it all.
I worked hard to gain credibility with FOXNEWS. Anglin’s plan to destroy my credibility with FOXNEWS succeeded. Now there is doubt in FOXNEWS about the validity of my accusations I filed with the CIA and DOJ. I now have a much higher hurdle to overcome with them to regain my credibility.
I will bet you the next article in the New Phoenix Times will be on Brian, to hurt him and kill this project.
I had no chance to succeed. Obviously some people in MCSO wanted for political reasons to use my work to hurt the sheriff.
I can assure you that I have had only one goal since I began this work, and that was to get the work done!
*Note: It is unclear who this "David Webb" is but some information exists indicating that "David Webb605" may be pseudonym for Montgomery. See, e.g., here (noting the @DavidWebb605 twitter account, which was activated (and became inactive) around the same time(s) that Montgomery’s twitter account was activated (and then became inactive) – and who’s posts – like Montgomery’s – focused almost exclusively on the Blixseth/Yellowstone bankruptcy and alleged judicial misconduct; and here (identifying lawsuit in which Montgomery was a defendant, in which plaintiffs alleged that defendants registered "theuntoldstory.net" domain (among others) and posted “false statements on these websites in retaliation for Mr. Sandoval's refusal to invest in Mr. Montgomery's business venture.”).
See also Atigeo v. Offshore Ltd, ECF 37 (Montgomery acknowledges creating the websites (¶9) but contests the reasons for such creation; and Atigeo v. Offshore Ltd, ECF 63 (Montgomery asserts (¶ 2) that he used Network Solutions account #27945118 “to create the websites which are the subject of this litigation.”)
Jul. 14, 2014
Atigeo Litigation. Burgyan files an Opposition to Atigeo’s June 26 Motion to Voluntarily Dismiss. See ECF 76 (Opposition); ECF 77 (McGaughey Declaration); ECF 78 (Nierman Declaration). Burgyan seeks dismissal with prejudice on all claims against him.
July 18, 2014
Atigeo Litigation. Atigeo files a Reply in Support of its Motion to Dismiss. See 79 (Reply); ECF 80 (PDF) (Declaration of Brian Park); ECF 81 (PDF) (Declaration of Ferguson); ECF 82 (PDF)(Sandoval); ECF 83 (PDF) (Corrected Reply). In this Reply (and exhibits attached to declarations), Atigeo provides copies of significant discovery obtained in the case.
Cold Case Posse. During his Freedom Friday radio show, Carl Gallups briefly discusses the status of the Arpaio-Zullo investigations. See PPSimmons, “Carl Gallups Answers! "Anything NEW on Zullo?" - July 18/14,” YouTube, July 19, 2014 (partial unofficial transcript):
[~1:24] . . . ring to the media and … to Congress, federal law enforcement, whoever should have it. So Mike Zullo said that is still ongoing, it is still 100% legitimate and he would expect a news conference forthcoming, very soon. And that’s the only words he would use. He didn’t set any dates. . . .
[~2:20] . . . But Mike [Zullo] told me that all of that is still progressing forward and he too hopes to have a news conference forthcoming. However, he was sharing with me yesterday that in order to get to that point, that there are two huge legal hurdles that he must rectify – or not rectify but take care of – he’s gotta jump through the hoops. One of the legal hurdles is a legal procedure due to the nature of the information that he has discovered. It’s absolutely unbelievable, profound information and because of the nature of it – which I’m not allowed to disclose – there are a couple of procedural legal hurdles that he has to clear, he is required to – he has no other option or choice. . . . .
[~3:51] The second one is – and this just makes common sense – but it’s extremely important if you’re doing a criminal investigation of this nature and you’re going to release it to the media and to Congress and to federal law enforcement and to the world, the second hurdle is: the information sources that Zullo has, he has to – before he brings anything forward, everything has to be completely and totally vetted and verified. Now this process takes months, that’s why the March deadline passed, because the information came in was so profound and so much of it that before he could just sling it out there, he has to vet and to verify this information. So he’s in the process of doing all of that, and if it all comes together properly, then he will be able to soon come forward with everything he has, all of his information sources, affidavits, criminal . . . investigation material and information and bring it forward. So that’s where we are.
See also WYE - July 18 for additional info.
Aug. 1, 2014
Montgomery Bankruptcy. The Trustee in Montgomery’s bankruptcy proceedings files the “Chapter 7 Trustee's Final Account, Certification that the Estate has been Fully Administered and Application of Trustee to be Discharged.” See In re Dennis Montgomery, ECF 247. In the “Closing Summary” to the “Trustee’s Supplement to the Final Account and Distribution,” the Trustee states (among other things) as follows:
"This case was initially pending in the Riverside Division as case number 6:09-24322 BB and reassigned to the Los Angeles Division. A cursory review of the schedules reveals real property assets valued at nearly $4,000,000 and personal property valued close to $50,000,000. The assets categories are broad and included intellectual property rights, expensive jewelry, claims against the United States Government, law firms, corporations and individuals. Certain of the purported intellectual property rights are subject to the National Security Act of 1947. The Trustee recognized this case would require an extensive investigation into the debtors' background and their assets.
The case was procedurally complex as the debtor claimed he did not have any of his business/financial records. He asserted they were turned over to various law firms in connection with litigation and proceedings to enforce judgments. The documents were subject to several protective orders issued by the United States District Court, District of Nevada which involves the Department of Justice. . . .
At the Meeting of Creditors, the debtors asserted their Fifth Amendment rights not to incriminate themselves in response to various questions.
The difficulties in obtaining information in this case caused the Trustee and his counsel many hours investigating and analyzing the value of various assets and determining the status of various litigation matters.
Several news sources provide additional background on Mr. Montgomery including but not limited to an article on Mr. Montgomery published in Playboy magazine and a segment on the morning T.V. show Good Morning Joe.
The investigation raised serious questions about the validity, viability and value of the debtors' assets and their credibility.
The Trustee obtained several extensions of the deadline to object to the debtors' discharge review of the documents in possession of other parties. Ultimately, the trustee determined it was not necessary to pursue an action under 11 U.S.C. §727 because creditor Michael J. Flynn was granted summary judgment on his § 727 action against the [Dennis Montgomery]. The claims against the co-debtor were dismissed.
* * *
Michael Flynn, a creditor who had obtained judgments against the Debtor under 11 U.S.C. Section 727 and 523 expressed an interest in purchasing the bankruptcy estate's interest in the remaining assets not claimed exempt, purchased by the Debtors, or previously abandoned by the Trustee for the purchase price of $20,000.00. The Trustee determined that such a transaction was in the best interest of the estate, and with assistance from counsel negotiated the terms of the sale. Order approving sale entered January 29, 2013.
Id. at 37-38. The bankruptcy case is closed on this date. See In re Dennis Montgomery, ECF 248.
Aug. 5, 2014
Atigeo Litigation. Judge Robart issues an order Granting Atigeo’s June 26 Motion to voluntarily dismiss the case, without prejudice. See ECF 84, 86 (PDF) (Order); ECF 85 (Judgment).
Sept. 4, 2014
Cold Case Posse. Zullo is in Washington DC for his “fifth visit … in his three year long investigation into President Barak Obama’s Birth Certificate. See Randy Foreman, “Arpaio Detective Meets With NewsBlaze,” NewsBlaze, Sept. 5, 2014. While at the Library of Congress, “Zullo confide[s] to Newsblaze about ongoing ‘talks with DC officials’ in high places in official Washington, who are moving the investigation forward.” Id. (emphasis in original).
Sept. 5, 2014
Cold Case Posse. Mike Zullo appears on Carl Gallups’ Freedom Friday radio show to discuss the status of the Arpaio-Zullo investigations. See PPSimmons, "Mike Zullo Breaks Silence! On Freedom Friday With Carl Gallups (9-14),” YouTube, Sept. 6, 2014. Among other things discussed during the second segment of the show (per unofficial transcript):
[~13:19] But it is moving forward, my traveling schedule is hectic. I’ve been in DC more times than I care to be. And probably have a lot more time over here. . . . But this is – it is moving forward and there are people involved now, as there were earlier, but even more so and a lot of things are predicated on schedules and that’s why it’s taking so long. . . .
[~15:19] ZULLO: What I can tell you as far as the forensic investigation on the birth certificate is concerned, we are using technology that the general public would have no idea even exists. And we’ve made some startling discoveries on that front. As far as the criminal side of it, it is extremely intense, it is in an area that we never thought it would go when we started way back in March. You and I had that discussion – I thought this was gonna be over – but it just went in a direction and kinda has a life of its own, and we have to pursue it. We have a legal obligation to pursue it. We have a legal obligation to bring it forward, but that can only be done under the right time and the right circumstances.
See also WYE - Sept. 5 for more info.
Sept. 10, 2014
Criminal Case. During a status check in Montgomery's criminal case pending in Nevada, the court is advised that Montgomery is out of the hospital from a recent stroke. Documentation presented to the court.” The Court continues the matter, setting another status check for Oct. 8, 2014. See Nevada v. Montgomery, C-10-268764-1, Sept. 10, 2014 Minutes of Proceedings.
Montgomery v. IRS. The U.S. Tax Court hearing Montgomery's IRS matter issues an order:
"On September 8, 2014, respondent filed a status report in the above-docketed matter. In the report, respondent indicates that, on August 1, 2014, the United States Bankruptcy Court for the Central District of California entered an order of closing petitioners' bankruptcy case.
Respondent attached to the report a copy of the Bankruptcy Court's PACER electronic docket record showing, inter alia, closure of the case on August 1, 2014. The premises considered, it is ORDERED that the stay of proceedings herein is lifted, and this case is restored to the general docket for trial or other disposition."
See Montgomery v. IRS, Sept. 14, 2014 Order (U.S. Tax Court (DC)).
Sept. 12, 2014
Cold Case Posse. Lawrence Sellin appears on the Peter Boyles Show. See Peter Boyles Show - Sep 12, 2014 - Hr 4, 710KNUS News/Talk Radio (Podcast), Sept. 12, 2014.
Their discussion included the following matters (layperson’s unofficial transcript):
SELLIN: Let me preface that by saying… Mike Zullo is in charge of the Cold Case Posse investigation into Barack Obama’s… in particular the birth certificate but things around the birth certificate. And it’s basically a one man operation. Now I talked to Zullo a few weeks ago on the telephone and he indicated that Arpaio was gonna shut down the investigation last autumn but then 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…
SELLIN: . . . But this was… the information I believe that came from this whistleblower was the so called “universe shattering evidence” that Mike Zullo announced last November. Well, we still don’t know what that information is and as I understand it they’ve hit some snags around that and I’m not sure whether the snags are due to the whistleblower being reluctant to, you know , testify publicly or they’re afraid of the press smearing this whistleblower because it’s very likely that the whistleblower brought information that was taken perhaps from government computers and, you know what is the legal status of that? I, you know, I don’t know.
See also WYE - Sept. 12, Sept. 19, Sept. 22, Sept. 23, and Oct. 3 for more info on Cold Case Posse-related interviews on these issues.
October 2014
According to Montgomery's attorney, in October 2014 (“I do not have the exact date”), he and Montgomery meet with Judge Royce Lamberth (Federal D.C. District Court Judge) in the judge’s chambers. Montgomery v. Risen ECF 110 (Aug. 21 Hearing Transcript, as attached to ECF 111) at 14. At that meeting, according to Klayman,
“We asked [Judge Lamberth] for his assistance on how we could come forward with that information because we thought it should be in the government's hands being that it is highly sensitive, that it is classified and even he was not able to look at it.”
Id. at 15. Per Klayman:
“[Montgomery] is an expert on encryption who previously was employed by companies that provided decryption technology for U.S. intelligence agencies such as the National Security Agency (“NSA”) and the Central Intelligence Agency (“CIA”) to decipher coded messages by Osama Bin Laden and other terrorist groups through broadcasts made on Al-Jazeera television. . . .
In his capacity as an expert working with the NSA, CIA, and Defense Intelligence Agency (“DIA”) Plaintiff was granted a Special Access Programs (“SAP”) security clearance and thus was able to view and access and retain classified information. During the course of his work for the NSA, CIA, and other intelligence agencies, Plaintiff saw evidence of illegal and unconstitutional surveillance on the American people and felt a moral obligation, despite his severe disabilities including a potentially fatal brain aneurism, to become a whistleblower in order to shed light on, expose, and remedy the unconstitutional actions of the intelligence agencies. Plaintiff came forward and began his work as a whistleblower before this lawsuit had originated and has been in the process of coming forward with his information for over a year (as of Sept. 2015) . . .”
See Montgomery v. Risen ECF 125 at 1-2. According to Klayman, he approached Judge Lamberth “because I know that judge and I have had cases in front of that judge. I know him to be an extremely reputable and honest person with great integrity.” Montgomery v. Risen ECF 110. Klayman asserts that he approached Judge Lamberth “and said how could we get this information to the government because Mr. Montgomery is a whistleblower and no one has wanted to listen to him so far.” Id.
Note. But see "Shortly after June 21, 2014" for information indicating that Montgomery may have met with Lamberth in late June 2014.
After the (Alleged) October 2014 Meeting with Judge Lamberth
According to Klayman, as a result of his October 2014 meeting with Judge Lamberth,
“[Judge Lambert] he arranged because we needed to get this to the highest levels of the FBI and also to the highest levels potentially, of the Justice Department, this information . . . for meetings with the general counsel of the FBI, James Baker, who then facilitated bringing in agents, FBI agents, to acquire this information to collect it and that's how it occurred.”
Montgomery v. Risen ECF 110 (Aug. 21 Hearing Transcript as attached to ECF 111) at 15-16.
‘[W]ell what unfolded, we had the meetings. And the general counsel of the FBI James Baker, who works directly under the director James Comey, facilitated bringing in a team of agents to turn it over. And assistant U.S. attorney of the District of Columbia to supervise that and her name is Deborah Curtis.
So we've had -- we turned it over to both the FBI and the Justice Department.
Id. at 16; see also id. at 39 (“the number one national security lawyer in the United States for the Justice Department is the person that Mr. Montgomery was dealing with, Deborah Curtis. She has won every award at the Justice Department”); Id. at 40 (“Mr. Montgomery was dealing at the upper reaches of the FBI, the director himself, James Comey. . . . [Comey has] been dealing directly -- Mr. Montgomery has been dealing directly with the FBI director”).
Notes: The turnover of hard drives will occur on Aug. 19, 2015 – the day before Montgomery is scheduled to testify in a deposition in Montgomery v. Risen.
See also Sept. 9, 2015 for information on a letter from James Baker (FBI General Counsel) taking issue with multiple contentions made by Klayman (and noting that "[t]This letter focuses on the conditions under which the FBI took possession of the materials and is not intended as a comprehensive response to other statements made by you to Magistrate Judge Goodman at the August 21 , 2015 hearing").
Oct. 2, 2014
Klayman files a "deportation petition" against Obama, citing the Arpaio-Zullo birther investigation.
Oct. 3, 2014
Seattle Operation. Stephen Lemons reports that additional sources have confirmed (off the record) his June 2014 report that Arpaio and the MCSO are investigating an alleged conspiracy between the DOJ and Judge Snow to "get" Arpaio:
". . . [T]he Birther investigation has since diverted into an even wilder snipe hunt with Mike Zullo of Cold Case Posse fame and an MCSO deputy involved in a probe of Judge Snow and the U.S. Department of Justice, regarding a supposed plot to "get" Arpaio.
As I detailed in a June column, this phony plot, according to sources, was dreamed up by a Seattle con artist, who is being paid large sums of money with MCSO's confidential informant funds, at Arpaio's direction.
Neither Arpaio nor Zullo deny the story, and since the column first ran, I've had other sources come forward (off the record, natch) to confirm its veracity."
See Stephen Lemons, Joe Arpaio Lies About Raising Cash Off Birther Insanity, As Proven By The Joe Show (Video), Phoenix New Times, Oct. 3, 2014.
Oct. 8, 2014
Criminal Case. During a status check in Montgomery's criminal case pending in Nevada, the court is advised that “[Montgomery]. lives in Washington State, suffered stroke in May, released from hospital in June, still suffering from effects of stroke and [Montgomery]’s doctor does not believe Deft. should be traveling at this time. Therefore, request matter be continued.” The State did not object and the Court grants the requested continuance through Feb. 11, 2015. See Nevada v. Montgomery, No. C-10-268764-1, Oct. 8, 2014 Minutes of Proceedings.
Oct. 14, 2014
James Risen’s book, Pay Any Price: Greed, Power, and Endless War, is released. Chapter 2 features Montgomery. Klayman will later attached Chapter 2 in full to a complaint filed in the Southern District of Florida. See Montgomery v. Risen, ECF 44 at 63-85.
Sometime before Nov. 2, 2014
Seattle Operation. Mackiewicz and/or Zullo ask Montgomery to fly to DC to meet with their "NSA advisors." See Montgomery's Nov. 2 email to Mackiewicz et al ("[o]nce again you are upset at me for not getting on a plane to meet your NSA advisors, when my doctors have advised against it).
Nov. 2, 2014
Seattle Operation. “David Webb <[email protected]> emails [] recipients. (Email recipient(s) are unknown unclear, but Brian Mackiewicz <[email protected]> responds with a “Gentlemen” greeting]). See Melendres ECF 1166 at 19. See also June 29 for notes re: “David Webb.” The text of the email is clearly from Montgomery. Among other things, he states:
If you look at the previous email I sent you, you will find all of the build numbers you have been looking for.. The website is also up and contains the latest information on the various adobe builds.
You can’t expect the technology to find data that Adobe leaves out in some of their formats.
Regarding the issue of money, I will leave that to the sheriff and Brian Mackweitz to address.
Regarding my commitment, at your and Brian Mickiewicz’s request, I got on a plane 4 weeks after my stroke and brain coiling [i.e, apparently 4 weeks after May 16, 2014*] against medical advice. In addition, I was forced to sacrifice my recovery to adhere to you ridiculous timeframe and further your agenda.
Once again you are upset at me for not getting on a plane to meet your NSA advisors, when my doctors have advised against it.* * *
You told me in previous emails that you wanted this to get back on track. You most recent email convinces me otherwise.
<half page of blank space>
Go find someone else to do this work.
*Note: Per a May 27, 2014 letter from Paul Chuwn Lim, MD, Medical Director of Swedish Rehabilitation Services, the surgery/strokes occurred on May 16, 2014. According to a January 6, 2015 letter from Paul Chuwn Lim, MD, Medical Director of Swedish Rehabilitation Services, Montgomery completed his inpatient rehab on June 21, 2014.
Nov. 3, 2014
Seattle Operation. Brian Mackiewicz <[email protected]> responds to the Nov. 2 email. See Melendres ECF 1166 at 17-18. Among other things, he states:
. . . I will admit we did take your word as gospel for some time time but that time ended when you grossly misrepresented the work that you said was completed.
It would have not been such a big deal Dennis but Mike and I represented the fact the work was complete and it wasn't. Look I am not stupid you have lied to me several times over the past 12 months. I have caught you in you lies and chosen to move forward and look past the fact you lied. I always kept hope and believed when it came to your work product and your "STORY" you were always being truthful. The problem now is were do the lies end and the truth start. I am not even sure you know the answer to that Dennis.
From day one I thought we all had a common goal in mind when it came to this investigation. If your "STORY" was based on facts and the information you provided was all truthful Mike, I, and the Office was dedicated do anything in our powers LEGALLY to help bring your story forward and expose the TRUTH. I truly believe Mike, I, and the Office have lived up to out part of the deal. We have given you approximately 120,000 dollars plus in exchange for information. We brought you before the Arizona State Attorney General, we found you two different Attorneys, and we opened the door to a Federal Judge to give you as much protection as possible. Mike and I went to the Administration several times and asked for extensions to continue this investigation because we believed your "STORY" and the information you provided. When you had a stroke and you had NO one to turn you I was on a plane to assist you and you family. Not to mention the personal sacrifices Mike and I have made over the past 12 months to make sure you and you family were taken care of. Dennis if you don't remember Mike and I even gave you 200.00 dollars a piece out of our own pockets so you could have a Thanksgiving with you family last year. Just to later find out you worked Tim for 500.00 dollars also.
And to address one other issue that has seemed to come up more then once. If I remember correctly it was you[r] choice to get on a plane and fly to Washington DC. Mike, I, or the Office was not aware you were advised by your Doctor not to travel UNTIL after you flew back to Seattle. I remember Mike and I specifically told when you after you informed us of that information you would have to provide a doctors letter before we would let you travel again. I also remember you getting so intoxicated at dinner while in Washington DC I had to tell the waiter to start serving you cocktails with no alcohol. Mike, I, or the Office would have never let you flight to Washington DC if we knew it was against your Doctors orders.
* * *
Dennis your not a stupid person. You know exactly what we need and want to be able to move forward. You know everything you provide us has to get verified by a third party. If I just believed everything people told me without verifying it by facts or evidence everyone would be locked up. If you CANT or WONT provide Mike, and I with what is necessary to prove and verify everything then be honest and tell us. There is more then one way to skin a cat.
As far is Larry Klayman is concerned his involvement in this investigation is non existent. we understand he is your attorney and he is representing you. BUT he has no bearing at all on how this case is investigated and what the outcome maybe. You might be able to play Larry for what you need for a little while but in the end you and Larry still need someone with CREDIBILITY to verify the information and your "STORY" .
And for my last and final point. Dennis I have been a Deputy Sheriff for almost 18 Years. When I graduated the Police Academy I took an Oath of Office which I still keep believe in. I know you have heard me say this more then once but this is one investigation of many in my Career. My job is to find the facts, verify the facts, and come to a logical conclusion that a reasonable person would believe based on those facts. I have no agenda is this investigation Dennis. When we decide this investigation is over I will look at all the facts, statements, and evidence that has been collected over the past year and ask myself what would a reasonable person would think. Remember that Oath I mention, it means no matter how I feel personally regarding the outcome of this investigation I am sworn to do the right thing Dennis. I truly hope in the end we all accomplish the same goal we all had in the beginning, but remember if not I am NOT AFRAID and I can promise you I will do the right thing.
Dennis it is a great possibility that your future depends on what you do from here. We have days not weeks, not months. Time is of the essence
Larry Klayman <[email protected]> responds to Mackiewicz's email. See Melendres ECF 1166 at 17: "This is inappropriate! I asked Mike [Zullo] to have us talk after my oral argument in the NSA case. I do not appreciate this lack of respect! More later..."
Brian Mackiewicz responds to Larry Klayman. See Melendres ECF 1166 at 17: "Larry, Pardon me I included you out of courtesy. No worries point taken and I will exclude you from all other communications, between our confidential informant and the judge going forward. That is to include what path this investigation takes going forward. Have a wonderful day. Good luck in your argument."
Larry Klayman responds to Brian Mackiewicz. See Melendres ECF 1166 at 17: "I don't appreciate your games...there would be no judge if not for me. I suggest you do not mess with [D.C. Federal District Court Judge] Lamberth. There is no reason to do so at this time and your games are just to squeeze Dennis through me. I don't appreciate being played."
Sometime before Nov. 7, 2014
The MCSO asks two former NSA employees to examine the harddrives provided by Montgomery. See, e.g., WYE | Aug. 28, 2015 (Attorney Masterson describing report during Melendres hearing). Following their examination, the individuals apparently prepare a two-page memo of their findings. Id. According to later news reports, this memo, prepared by Thomas Drake, included the following statements:
“We have found that he is a complete and total FRAUD.” ... “All he has done is provide you with readily available lists of email addresses, names, phone number of both individuals and businesses and a lot of framed up information, data and code. But no proof of whence they came and a whole lot of faked and made up documents and analysis.”
See Jude Joffe-Block, "Chief Deputy: Sheriff’s Office Paid $250K For Informant’s Secret Investigation," KJZZ, Sept. 25, 2015.
Nov. 7, 2014
Seattle Operation. MCSO Detective Brian Mackiewicz emails Klayman, Michael Zullo; David Webb* and Dina James. See Melendres ECF 1166 at 17. See also June 29, 2014 for notes regarding “David Webb.” Among other things, Mackiewicz states as follows:
Dennis Montgomery represented the hard drives contained classified and sensitive information that he obtained while working at either eTreppid, or Blixware on behalf of federal government as a CIA contractor.
When our experts* examined the information contained on the drives, not only did the numerous drives NOT contain any classified or sensitive information, they were instead contained data dumps of you relevant computer information hours off video feeds for Al Jazeera news feed.
After reviewing all the hard drives our experts concluded that Dennis Montgomery deliberately complied massive amounts of data on to these drives for the purpose of obfuscating the fact the data itself contained no evidence to support Dennis Montgomery's claims. There was no sensitive information contained on any of these 50 hard drives.
In addition, our experts brought question in the validity concerning an number of emails Dennis Montgomery provided in the same hard drives.
Our experts also determined that much of the information that Dennis Montgomery has alleged that was harvested by the federal government in violation of the fourth amendment protections cannot be sourced for validity based on the information contained in the 50 hard drives Dennis Montgomery provided.
Two days worth of email correspondence and telephone calls to Dennis Montgomery advising him all is required of him is to cooperate and provide all source information supporting his allegations would remedy his situation immediately. He has refused. I should add he refuses while at the same time professing to want to cooperate.
At this juncture, after a 13 month investigation, Maricopa County Sheriffs office CANNOT validate the credibility of Dennis Montgomery and or his work without his full and candid cooperation in supplying the necessary evidence for our experts to substantiate his work and deem it authentic and creditable.
Dennis Montgomery is leaving us no other alternative but to take this investigation in a completely different course going forward. 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.
Id.
Notes. The "expert" report has not yet (as of Sept. 21, 2015) been publicly produced. However, on Aug. 28, 2015, Arpaio's counsel provided the following information to the court in the Melendres proceedings: (a) the "experts" are two former NSA employees who are not MCSO employees; (b) whether they were paid is unclear; and (c) they produced a two-page memo about their review:
“MASTERSON: They weren’t retained experts, what they were is former NSA employees, and the hard drives were provided to them, and we received this morning a two-page memo, I’ll say, about those hard drives.
Not being a computer guy, I can’t tell you what exactly it means, but I can tell you what I read it to mean is there’s basically nothing here; that whatever Mr. Montgomery told you was here isn’t really – that’s not what this is.
See Melendres|WYE Timeline, Aug. 28, 2015 for more details.
Nov. 20, 2014
Klayman files Arpaio v. Obama, No. 1:14-cv-01966 on behalf of Arpaio in DC Federal District Court. See also David Sherfinski, “Sheriff Joe Arpaio sues Obama, says action will result in more criminal aliens released,” Washington Times, Nov. 21, 2014.
Nov. 25, 2014
Montgomery v. eTreppid. eTreppid files:
- Notice of Status of Bankruptcy Discharge re: Edra Blixseth and Dennis/Brenda Montgomery. ECF 1205.
- Affidavit for Renewal of Judgment (re: $5MM judgment). ECF 1206.
- Notice of Status of Bankruptcy Discharge re: Edra Blixseth and Dennis/Brenda Montgomery. ECF 1206.
- Affidavit for Renewal of Judgment (re: $20MM judgment). ECF 1207.
Dec. 9, 2014
Seattle Operation. Mike Zullo <[email protected]> emails [email protected] (Brian Mackiewicz) re: “OZ.” See Melendres ECF 1166 at 21. Zullo states as follows:
Dennis [Montgomery]:
To answer the question, where we go from here, really is dependent upon you. A year-long investigation and tens of thousands of dollars invested, we have absolutely nothing to show for it. The 50 some odd drives we had in our possession shockingly turned out to contain nothing of any significance on any level whether Federal or pertaining to the Sheriff's Office. There was absolutely nothing of use on those drives. Overwhelming content of meaningless information does absolutely nothing to further your cause and obviously puts the Sheriff's office in a very precarious situation. Dennis I think the bottom line is if you have the information this is the time to provide. We have an extremely short window of opportunity to work in and the choice is yours. All you have to do is produce what you said you were going to produce in exchange for the dollars you received. But I have to stress to you the time is of the essence. We have been instructed to write up our final report and be ready to hand it over to a different agency. I really don't want to see it come to that but again the choice is yours.
Id.
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