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Arpaio-Zullo Cold Case Posse/Birther Investigation* | Seattle Operation | Dennis Montgomery*
Notes: *For additional information on 2012 Arpaio-Zullo Cold Case Posse events, see here. *For information on 2012 Dennis Montgomery litigation-related events that are unrelated to Melendres, see here.
Late December 2011/Early January 2012
Arpaio orders Sergeant Brett Palmer to violate the Court’s order by detaining people suspected of being in the country illegally, rather than turning them over to Border Control, according to Palmer’s See Apr. 21, 2015 Hearing Transcript, [ECF 1017] at 171-182; see also Joe Dana, “Testimony: Arpaio Ordered Officer to Defy Judge,” 12News, Apr. 21, 2015. From the transcript (at 180):
[WANG] Q. What did [Arpaio] say?
[PALMER] A. The sheriff took a very authoritative stance with me and told me that I was not to release those individuals, that I would maintain custody of those individuals and hold them at the Enforcement Support Division pending his arrival.
Q. Did you respond?
A. Yes.
Q. What was your response?
A. I told the sheriff immediately that that was an unlawful order and I was not going to follow it.
Q. Did you tell him that it would violate a federal court order?
A. Yes.
Q. And what happened next during that conversation?
A. The sheriff became argumentative with me and again attempted to direct me to maintain custody of those individuals pending his arrival for an immediate briefing.
Q. So he did not acquiesce when you told him that you believed his order violated a federal court order?
A. Not immediately.
Q. Okay. Did there come a time when he did, finally?
A. Yes.
Q. Can you tell me about the rest of the conversation.
A. In short, I stuck my ground with the sheriff on an unlawful order that I felt I was being given, and contrary to what I understood at the time reference Judge Snow's order from December 23rd, 2011. The conversation in totality couldn't have lasted more than a couple minutes, maybe five minutes, and the sheriff, eventually, when I wasn't giving ground, he backed down and instructed me to just provide him with photographs of those three to five individuals.
Q. Was it standard HSU procedure to photograph individuals who were not being charged with any crime?
A. No.
Arpaio will later concede that he “may have” told Palmer to hold the suspects pending his (Arpaio’s) arrival (see Apr. 23, 2015 Hearing Transcript [ECF 1027] at 600), but allege that, when he did so, he didn't know that such action violated the preliminary injunction.
? 2012
Sometime in 2012, Zullo receives and accepts a $10,000 check, which was made out to him personally, from Bill Wolf. See Zullo Email to Oct. 29, 2014 email to Morgan Loew; see also Oct. 30, 2014 (summary of CBS TV5/Loew's report on this matter).
Early January 2012
Brett Palmer prepares training materials regarding the Court’s December 11 Injunction. See Apr. 21, 2015 Hearing Transcript, [ECF 1017] at 158-171. However, his training materials apparently were never implemented.
[WANG] Q. Sergeant, what's your opinion about why the proposed training never took place?
[PALMER] A. It was contrary to the goals and objectives of the sheriff.
Id. at 171.
Jan. 4, 2012
Judge Snow issues an "Order Setting Final Pretrial Conference" for March 23, 2012. [ECF 495.]
Jan. 13, 2012
MCSO/Arpaio file a Notice of Interlocutory Appeal (of the December 2011 Preliminary Injunction). [ECF 500 - Notice of Appeal; ECF 503 - Assignment of Case No. 12-15098 to the appeal.]
Feb. 9, 2012
MCSO issues a Press Release: Sheriff Arpaio Continues Fight Against Illegal Immigration; Six More Illegal Aliens Arrested By Human Smuggling Detectives (PDF).
Feb. 26, 2012
Arpaio is interviewed by Jorge Ramos of Univision. See Efrain Pa'lante, “Jorge Ramos’ Exclusive Interview With Sheriff Joe Arpaio,” LatinoRebels, Feb. 26, 2012. During that interview, the following exchanges occurred (per transcript provided at link):
[RAMOS]: All right, let's talk about politics and about the Republican candidates. I've been listening to them for the last few months and all of them sound like you when it comes to immigration. Do you feel vindicated?
[ARPAIO]: Well, I met with all of them in person in my office or on the campaign trail or by telephone. They all want my endorsement. I presume if they didn't like my fight against illegal immigration they wouldn't be asking for my endorsement. I'm not tall, dark and handsome so there must be a reason that they're asking me to support them.
* * *
[RAMOS]: Are you still arresting, detaining undocumented immigrants in Arizona?
[ARPAIO]: Yes, we are. We just arrested 31 more recently coming into our country illegally, arresting them. The majority we booked into our jail. We don't turn it over to ICE, and we're going to continue to raid businesses that hire illegals. The majority have false identification, so I'm not stopping doing my job.
[RAMOS]: But are you breaking the law? I mean, the Justice Department just banned you from being part of a federal partnership program that would have allowed your agents to become immigration officers, so aren't you breaking the law now by doing that?
[ARPAIO]: No, because we're enforcing state laws. They don't want me to enforce the federal laws. I don't have to. We're enforcing state laws.
* * *
JR: I've seen — I've seen many polls. I've spoken to many undocumented immigrants, and they are simply telling me this: that for them you are —
[ARPAIO]: Well, what polls?
[RAMOS]: — the worst of America —
[ARPAIO]: I've got my own polls.
[RAMOS]: — the face of racism and discrimination.
[ARPAIO]: Okay. All right. That's what they want to say. Then I'll tell you what, I'm going to tell you I'm going to continue to enforce the laws. If they don't like what I'm doing, get the laws changed in Washington or in the State of Arizona.
Feb. 29, 2012
The Arpaio/Zullo Cold Case Posse releases its "report" - for sale, on Amazon.com: A Question of Eligibility: A Law Enforcement Investigation into Barack Obama's Birth Certificate and His Eligibility to be President. See also, e.g., Matthew Hendley, “Joe Arpaio's "Birther" Pals Profiting From Obama Birth Certificate "Investigation." Surprised?,” Phoenix New Times, Mar. 2, 2012.
Note: See here for a comprehensive resource debunking of the claims made in this report.
Mar. 1, 2012
Arpaio holds a press press conference to announce the preliminary results of the birther "investigation" conducted by Mike Zullo and the Cold Case Posse. See "MCSO Press Release, “SHERIFF ARPAIO RELEASES PRELIMINARY FINDINGS ON OBAMA BIRTH CERTIFICATE: Arpaio Suspects Forgery,” Mar. 1, 2012.
Arpaio claims that the Cold Case Posse's probe revealed "probable cause" to believe that the long form birth certificate released by the White House "is a computer-generated forgery."
See also, e.g., Matthew Hendley, “Joe Arpaio Really Thinks President Obama's Birth Certificate is Fake,” Phoenix New Times, Mar. 1, 2012; AP, “Arizona Sheriff Unveils Obama Birth Probe,” USAToday, Mar. 1, 2012; Matthew Hendley, “Obama Birth Certificate ‘Report’ Released by Joe Arpaio is Actually Eight Months Old,” Phoenix New Times, Mar. 2, 2012.
Note: See here for a comprehensive resource re: materials debunking of the claims made at this conference.
Mar. 12, 2012
The Melendres parties file their Proposed Findings of Fact. [ECF 509 - Defendants' Proposed Findings; ECF 514 - Plaintiff's Proposed Findings.]
The Melendres parties file a plethora of motions in limine seeking to exclude certain evidence and testimony. Between now and Mar. 9, the parties will respond to each others' various motions.
Mar. 12, 2012
MCSO issues a Press Release: SHERIFF ARPAIO CONTINUES TO CRACKDOWN ON SUSPECTS USING FALSE ID’S; 31 Arrested in Morning Operation (PDF). The press release includes the following:
Arpaio says, “Illegal aliens are stealing identities of U.S. citizens to gain employment which escalates our unemployment problems. I don’t believe we should tolerate this. Furthermore, I will continue to enforce all federal and state illegal immigration laws in the business sector through human smuggling and crime suppression operations, despite activists, some elected officials and the federal government who have concerns regarding our operations.”
Arpaio stresses that one of the benefits of these employer sanctions/identity theft operations is that they open up job opportunities for legal citizens.
The Maricopa County Sheriff’s office has investigated, arrested on the streets and in the jails over 51,000 illegal aliens.
Mar. 23, 2012
Judge Snow holds the scheduled "final" pre-trial conference. [ECF 528-Minute Entry; ECF 532-Transcript.]
Mar. 26, 2012
Judge Snow issues an "Order Setting Trial." [ECF 529.] Per that order (as summarized on the docket):
ORDER SETTING TRIAL - Bench Trial shall begin on 07/19/12 at 8:30 AM. The Plaintiffs' [510] Motion in Limine re: Evidence Regarding Alleged MCSO Encounters with Persons Other Than the Named Plaintiffs is denied without prejudice; the Defendants' [511] Motion in Limine No. 2 is granted in part and denied in part; Defendants' [512] Motion in Limine No. 3 is denied; Plaintiffs' [515] Motion in Limine to Exclude Evidence of U.S. Immigration and Customs Enforcement's Alleged Approval of MCSO Activities Pursuant to 287(G) is granted in part and denied in part; Plaintiffs' [516] Motion in Limine to Exclude Certain U.S. Immigration and Customs Enforcement Witnesses is granted; Plaintiffs' [517] Motion in Limine Exclude Testimony of Scott Jeffreys is denied." Judge Snow also issues a "FINAL PRETRIAL ORDER - that this Proposed Final Pretrial Order jointly submitted by the parties is hereby APPROVED and ADOPTED as the official Pretrial Order of this Court. Signed by Judge G Murray Snow on 03/23/12. (see attached PDF for complete details)."
ECF 530 Docket Entry.
Mar. 28, 2012
MCSO issues a Press Release: SHERIFF’S DEPUTIES DISCOVER TWO YOUNG CHILDREN BEING SMUGGLED INTO THE COUNTRY BY HUMAN SMUGGLERS... (PDF). The press release includes the following: "During recent weeks, the Sheriff’s Office has arrested over 70 illegal aliens in operations ranging from last night’s smuggling operation, to the enforcement of identity theft laws in a local vitamin business, to the raid of a downtown cockfighting ring. Arpaio remains adamant about the fact that his office will continue to enforce both state and federal illegal immigration laws as long as the laws are on the books."
As of April 2012
As of April 2012, Arpaio's reelection campaign had raised "around $8 million." Melendres ECF 1021 at 525.
Apr. 3, 2012
MCSO issues a Press Release: "DOJ TO SHERIFF ARPAIO: “MONITOR ABSOLUTELY MANDATORY”; ARPAIO TO DOJ: “I WILL NOT SURRENDER MY OFFICE TO THE FEDERAL GOVERNMENT” (PDF). The press release includes the following:
“I am the constitutionally and legitimately elected Sheriff and I absolutely refuse to surrender my responsibility to the federal government. And so to the Obama administration, who is attempting to strong arm me into submission only for its political gain, I say, ‘This will not happen, not on my watch!’”
Apr. 13, 2012
Arpaio is interviewed by Hector Maldonado of Conservative TV Online. During this interview, ARpaio states as follows (as later transcribed by court reporter):
SHERIFF ARPAIO: So I have a job to do. Illegal immigration is a high priority, not only here, but across the nation. The people want something done about it.
But we do other crime. We lock up murderers and everything else, but I get all the heat from these critics and demonstrators that demonstrate 10,000 at a time. Everywhere I go, whether it's New York, New Hampshire, California, I have demonstrators following me around. Every day they're in front of this building at my headquarters. Let them do it. You know, let them -- it's freedom of speech. Let them go after -- me call me racist, Hitler, every name in the book, but when they can't stop you, they have to throw the race card into the mix.
See Melendres ECF 1021 at 521; see also, for video of complete interview, Hector for Freedom, Hector Maldonado interviews Sheriff Joe Arpaio Part 1 and Hector Maldonado interviews Sheriff Joe Arpaio Part 2, YouTube, Apr. 13, 2012. Later in the interview, the following exchange occurred (as later transcribed by court reporter):
INTERVIEWER: You have a really, really high approval rating from your county, not just here, down along the border with the folks down where the front lines against the trafficking is. They appreciate what you're doing.
SHERIFF ARPAIO: Not being egotistical, this state, the country, and the world. I have the support across the nation as evidenced by the big bucks I'm raising for my next campaign.
INTERVIEWER: Um-hum.
SHERIFF ARPAIO: They don't give you money if they don't believe in you.
INTERVIEWER: Right.
SHERIFF ARPAIO: Also, I've been on 4,000 profiles overseas. I'm just talking about overseas. So I have an open-door policy. They call me a publicity hound. But how do I get my message out?
INTERVIEWER: Right.
SHERIFF ARPAIO: I don't run a CIA secret organization. I want everybody to know what I do. That's why when I have these raids sending 200 volunteer posse and deputies on the streets of Phoenix, which the mayor hates me for -- I won't get into all the politics. We do have some politicians that don't like me --
INTERVIEWER: Um-hum.
SHERIFF ARPAIO: -- but that's okay with me. It doesn't bother me at all.
INTERVIEWER: Yeah.
SHERIFF ARPAIO: I know I'm doing the job.
INTERVIEWER: Right.
See Melendres ECF 1021 at 523-24.
Apr. 16, 2012
MCSO issues a Press Release: 59th ID Theft/Employer Sanction Raid by Sheriff’s Deputies Results in Nine Arrests... (PDF). The press release includes the following:
The combined total of illegal aliens identified by the Maricopa County Sheriff’s Office stands at 51,000 resulting from investigations in the jail system by detention officers and arrests made on the streets by Sheriff’s deputies.
May 4, 2012
Mike Flynn, Tim Blixeth's counsel sends a Letter and Memorandum to the DOJ, accusing the DOJ of corruption/various misdeeds and requesting immunity for an apparently unnamed whistleblower, in exchange for testimony and/or evidence of misconduct and/or illegal conduct by, among others, the DOJ's Eric Holder and Montana Federal Bankruptcy Judge Kirscher. See Flynn et al May 29, 2013 Letter to DOJ, which repeatedly references and characterizes the May 4, 2012 letter.
Note that although Flynn does not name the whistleblower in this letter, in a 2010 affidavit, Flynn accused Dennis 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 Affidavit Of Michael J. Flynn dated January 2010, filed as part of ECF 2109-1 (Jan. 13, 2011), in In re: Yellowstone Mountain Club, LLC, et al., Case No. 08-61570-11 (Bankr. D. Mont.).
May 7, 2012
MCSO issues a Press Release: SHERIFF CONDUCTS 60TH EMPLOYER SANCTION CASE; Business in Tempe Investigated (PDF).
May 12, 2012
The United States Department of Justice (DOJ) files suit against Arpaio, the MCSO, and Maricopa County. See United States v. Maricopa County et al, No. 2:12-cv-00981 (D. Ariz., Chief Judge Roslyn O Silver presiding.) [RECAP of docket.]
In its Complaint, the DOJ alleges three types of unlawful conduct by Arpaio and the MCSO: “ (1) a pattern or practice of discriminatory and otherwise unconstitutional law enforcement actions against Latinos in Maricopa County; (2) discriminatory jail practices against Latino prisoners with limited English language skills; and (3) a pattern or practice of retaliatory actions against perceived critics of MCSO activities.” Id. at 3.
May 17, 2012
The Phoenix New Times reports on Arizona Attorney General Ken Bennett’s request to Hawaii for verification of President Obama’s birth certificate – a request he asserts he made “at the request of a constituent.” See Matthew Hendley, “Ken Bennett, Arizona Secretary of State, Plays to the ‘Birthers’,” Phoenix New Times, May 17, 2012; Matthew Hendley, “Ken Bennett, Arizona Secretary of State: ‘I Am Not a 'Birther’,” Phoenix New Times, May 18, 2012.
See also Matthew Hendley, “Ken Bennett's Had About Three Months to Give Hawaii a "Legitimate" Reason to Verify Obama's Birth Certificate,” Phoenix New Times, May 21, 2012 (revealing that the initial request was actually submitted in March 2012).
May 21, 2012
Mike Zullo and MCSO Detective Brian Mackiewicz are in Hawaii on matters relating to the Arpaio/Zullo Cold Case Posse birther investigation. See, e.g., Matthew Hendley, “Joe Arpaio Investigating Obama's Birth Certificate at "No Cost to Taxpayers" -- Except for the Deputy in Hawaii Right Now,” Phoenix New Times, May 22, 2012; Jerome Corsi, “Hawaii Five-O: Sheriff Joe Sends Detectives to Honolulu: Cold Case Posse Seeks to Crack Mystery of Obama's Birth 50 Years Ago,” WND, May 21, 2012.
The Phoenix New Times later reports that the MCSO bill for this trip came to $10,000. See Stephen Lemons, “Joe Arpaio Denied Birther Donations, Randy Parraz Blasts Andy Kunasek,” Phoenix New Times, June 20, 2012.
Zullo later reveals that when he tried to visit an elderly woman who used to work in Hawaii's registrar's office, the facility she lived called the police. See, e.g., Matthew Hendley, “Joe Arpaio's "Birther" Chief Gets Cops Called on Him During His Pursuit of 95-Year-Old Woman in a Nursing Home,” Phoenix New Times, Sept. 20, 2012.
May 23, 2012
The Phoenix New Times reports that Hawaii has, in fact, verified President Obama's birth in Hawaii in response to to Arizona Attorney General Ken Bennett's request . See Matthew Hendley, “Barack Obama -- Believe it or Not -- Was Born in Hawaii, According to Government Officials,” Phoenix New Times, May 23, 2012.
June 2012
Pacific Coast Innovations, Inc. ("PCI") – reportedly formed by Dennis Montgomery to own and market his technologies with other partners – failed and Edra Blixseth stopped funding the PCI, according to a declaration later filed by Edra Blixseth. See Dec. 26, 2012 Declaration of Edra Blixseth. ¶ 6, as filed in Blixseth v. Yellowstone Mountain Club LLC, et al., No. 12-35986 (9th Cir.), Doc 87-4 at 18.
In June 2012, WND's Joseph Farah and Jerome Corsi publish several articles accusing the DOJ of corruption and various misdeeds, apparently based on charges made by Mike Flynn (Montgomery's former attorney) and Tim Blixseth (Flynn's current client). See "The Corsi/WND/Arpaio/Zullo/Montgomery connection," Obama Conspiracy Theories, June 11, 2014 for a summary of and links to these WND articles.
June 15, 2012
Today -- merely a month after Flynn sends his letter re: Montgomery's allegations of DOJ wiretapping/hacking -- Arpaio and Zullo meet with Blixseth and Flynn at 11 a.m. on the 19th floor of the Wells Fargo Building, according to Brian Reilly (former Cold Case Posse member), who has reported that he attended this meeting. See Reality Check Radio Special Zullo Takes the Fifth Edition, Nov 12, 2015. Per Reilly, the meeting was arranged by Jerry Corsi of WND and concerned Blixseth’s “troubles” with the DOJ. See The Corsi/WND/Arpaio/Zullo/Montgomery connection," Obama Conspiracy Theories, June 11, 2014.
★ According to Exhibit 2726 ("Elmers Case Summary" - a report prepared by MCSO's Mackiewicz and Zullo admitted into evidence in the 2015 Melendres contempt proceedings), "shortly" after Zullo and Mackiewicz returned from their May 2013 trip to Hawaii, Blixseth contacted Zullo, who arranged a meeting with Arpaio thereafter, which was attended by Arpaio, Zullo, and Mackiewicz. Id. at MELC1292693-94. In an apparent typo, the report states that the subsequent meeting occurred in April. Id. at 94. According to Brian Reilly, the report also incorrectly states that Mackiewicz attended the meeting. Per Reilly, he was present for the entire meeting and Mackiewicz was not present at any time during the meeting.
Per the Elmers Case Summary (Exhibit 2726), Blixseth will stay in contact with Zullo over the next year and then, on Oct. 18, 2013, Blixseth will return to Phoenix to meet with Arpaio, Zullo, and Mackiewicz.
June 16, 2012
Judge Snow issues an Order [ECF 537] as follows (as summarized on the docket):
"ORDER The Court is in receipt of Plaintiffs' letter dated June 14, 2012. After considering that letter the Court concludes that further action by the Court is necessary. In light of the following facts and the pending trial date, the Court will schedule a conference to determine whether further proceedings will be necessary before trial. On June 17, 2010, the Steptoe Attorneys withdrew from the case with the Courts permission, and attorneys from the Redwood Shores, California office of Covington & Burling LLP (the "Covington Attorneys") were substituted for them. (Doc. 313). When the Covington Attorneys were substituted for the Steptoe Attorneys, the Court considered whether withdrawing from the case was appropriate under 28 U.S.C. § 455(a). This statute requires that "[a]ny justice judge, or magistrate of the United States shall disqualify himself [or herself] in any proceeding in which his [or her] impartiality might reasonably be questioned." 28 U.S.C. § 455(a) (2006). The Court is disinclined to proceed with this matter without providing all parties the opportunity to take whatever action they deem necessary to represent the interests of their respective clients given the above information. Because such actions could conceivably take more time than is currently available before trial, and involve additional or supplemental proceedings, the Court wishes to confer with the parties concerning any actions they may wish to take in light of the above information. The Court will therefore contact the parties and set a status conference in this matter.""
ECF 537 Docket Entry.
Judge Snow also issues an "ORDER setting a Status Conference for Friday, June 29, 2012 at 1:30 p.m. in Courtroom 602, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151. Any out-of-state counsel who wish to appear telephonically may call my chambers at (602) 322-7650 no later than Monday, June 25, 2012 to make arrangements to appear telephonically." ECF 538 Docket Entry.
June 20, 2012
Maricopa County Board of Supervisors reject the Cold Case Posse's offer of a $5,000 donation to cover MCSO costs incurred during the late May trip to Hawaii taken by Zullo and Mackiewicz. See Michelle Ye Hee Lee, “Arizona County Rejects Funds For Obama Birth Probe,” USA Today, June 20, 2012.
June 25, 2012
The United States Supreme Court issues its decision in Arizona v. United States, No. 11-182, 567 U.S. ___ (2012). As summarized by CNN, the Court, "struck down key parts of an Arizona law that sought to deter illegal immigration, but let stand a controversial provision allowing police to check a person's immigration status while enforcing other laws." See Tom Cohen and Bill Mears, "Supreme Court mostly rejects Arizona immigration law; gov says 'heart' remains," CNN.com, June 25, 2012; see also Adam Liptak, "Blocking Parts of Arizona Law, Justices Allow Its Centerpiece," New York Times, June 25, 2015.
Arpaio gives a couple TV interviews "right after" the Supreme Court decision came out. See Melendres ECF 1021 at 525. In one interview, the following exchange occurred (as later transcribed by court reporter):
INTERVIEWER: How will this change how you do business?
SHERIFF ARPAIO: Well, you know, I supported 1070. However, we've been doing it anyway. Nothing has changed. Of course, the Justice Department has accused me of racial profiling, went to court, but we do the right thing. We've been doing it. And we'll continue to enforce the laws.
See Melendres ECF 1021 at 526.
Arpaio gives another interview to Jorge Ramos of Univision. See Melendres ECF 1021 at 527. During this interview, the following exchange occurred (as later transcribed by court reporter):
INTERVIEWER: Let me tell you, I mean, civil rights organizations in Arizona say that Latinos are more likely to be stopped by your sheriffs than non-Hispanic whites. How do you explain that?
SHERIFF ARPAIO: Well, Jorge, I didn't hear you that much, but if people -- if you said when we stop people on violations of the law, and then we have suspicion that that person could be here illegally, then we call ICE. And by the way, I predicted this morning that ICE will refuse to pick up those people that are stopped under this Supreme Court decision except if they're vicious, violent, or felonies. So if you stop the illegal aliens and you have suspicion, what good is doing that if ICE will not participate and take these people under custody and deport them?
INTERVIEWER: So what you're saying is that ICE is not cooperating with you? What you're telling us is that ICE doesn't want to cooperate with you?
SHERIFF ARPAIO: ICE has always cooperated with us locally, I'm sure not nationally. But now an article came out today, this afternoon, which I predicted this morning, is now they're going to be very selected -- selective who they take off the hands of law enforcement. So if they refuse to take minor violators off our hands, that means: What do you do with the illegal alien? Dump him on the street? Probably. So that's a form of amnesty. As far as I'm concerned, it shows the arrogance of the Justice Department to now stop law enforcement from cooperating with ICE.
See Melendres ECF 1021 at 527-28. During this same interview, the following exchange also occurred (as later transcribed by court reporter):
INTERVIEWER: Sheriff Arpaio, is something going to change after this, after what happened today in the Supreme Court? Are you going to change your methods, or it's just, again, a vindication of what you've been doing all along?
SHERIFF ARPAIO: No, nothing's going to change. We've been doing it anyway. The Supreme Court just affirmed our program, so, you know, I'm happy with that, but we're going to continue doing what we've been doing the last four or five years.
See id. at 529-30.
Arpaio also gives an interview to CNN. During this interview, the following exchange occurred (as later transcribed by court reporter):
INTERVIEWER: Or how you're saying that the numbers do not support racial profiling.
SHERIFF ARPAIO: No, it does not. We -- we arrest anybody that violates the law. We don't care where they're from. It just happens we're close to the border, and a lot of the people coming in come from Mexico and they're here illegally. That's not my problem.
So we're just enforcing all the laws and we're going to continue to do it regardless of the new policy that I hear over the airwaves, which I predicted early this morning, that they're not going to pick up those that we arrest or law enforcement arrests unless they're serious criminals. So I guess there's another issue of amnesty right now without going to Congress and getting laws changed.
See Melendres ECF 1021 at 531-32.
During an [unidentified] Arpaio interview, the following exchange occurred (as later transcribed by court reporter):
INTERVIEWER: One final question. The "show me your papers" provision which was upheld today, based on police stopping people due to, quote, reasonable suspicion. What is reasonable suspicion? Is it just traffic stops? How else do you define it?
SHERIFF ARPAIO: Well, the traffic stop is not reasonable suspicion, it's a stop that's made on a crime or a traffic violation of the law, and then you determine if the person here with suspicion is here illegally, and then you talk to ICE about that problem and ICE, I presume, will pick them up. And now I predict they're not going to pick them up. So what do we do, we dump them on the streets even though they're here illegally? That's something I will face, I have a couple ideas, and I'll face that issue when it comes up.
See Melendres ECF 1021 at 534 (we are working to clarify whether this is part of the same CNN interview).
Arpaio also gives an interview to FOX News on June 25. During that interview, the following exchanges occurred (per rush transcript provided here):
[CAVUTO]: Sheriff, good to have you. Is it a mixed message, mixed blessings? How would you describe it?
[ARPAIO]: I'm for the 1070, but we've been doing this for four years anyway, and that's probably why they took me to federal court, the Obama administration, last month, knowing this 1070 was coming out. And, of course, the president has that DREAM Act situation.
* * *
CAVUTO: Well, there are a couple of issues you raised there. And I want to raise them in the order in which you raised them, Sheriff.
And one is the president and what he makes of this. He issued a statement today that no American should ever live under a cloud of suspicion just because of what they look like.
Do you think that was a slap at you?
ARPAIO: Of course it is. I'm the poster boy. He mentioned me a few months ago at the White House. He didn't like what I was doing with the 1070.
But if he has that much concern, then stop them from coming into the United States because it's illegal to come into this country. So he ought to do something about that situation. On the other hand, we should enforce the laws in the interior, which most people are saying, including politicians, let's -- let's secure the borders, and then they say first.
Well, what about all the illegals that are in the interior? We're locking them up on human smuggling and raiding businesses, crime suppression's. And, by the way, I'm not stopping anything. I'm going to continue to enforce those state laws, regardless of what the federal government is trying to put pressure on me to satisfy all these activists, which, by the way, are in front of my building right now. Three-and-a-half years, they've been in front of my building.
So, I'm not going to bend to the federal government, especially when we still have state laws to enforce.
* * *
ARPAIO: No, the big point, Neil, is the fact. So, you can detect these people, the illegals, every hour on the hour, but if ICE doesn't accept them, what do you do with them?
...
CAVUTO: In that event, what do you do?
ARPAIO: Well, I have got a couple strategies in mind. I'm not going to reveal it now.
But we're going to continue to lock up the human smugglers, that raid businesses, crime suppression. I'm not stopping. I've got state laws that I can enforce.
* * *
CAVUTO: But you're not afraid that you're being backed into a legal corner, Sheriff, and that this might be taken advantage of by feds, ICE and some of these others, maybe the Obama administration itself, the Justice Department itself, to land you in jail?
ARPAIO: No, I'm in a political quandary. This is all politics.
And it's bad, bad decisions that the Homeland Security and the White House is making, because I'll tell you why. They want amnesty. And if they're not going to accept people here illegally that we show we have probable cause or suspicion, that means they're hitting the streets. That's what the problem is. They're getting a pass.
That's what it's all about. And it's going to continue. And the criteria will be different as time goes on by the federal government. So, this is amnesty, period.
See "Sheriff Arpaio: I'm going to enforce our state laws," Fox News, June 26, 2012; see also Melendres ECF 1021 at 539-41.
June 26, 2012
Judge Snow issues an "ORDER This matter is scheduled for a status conference on Friday, June 29, 2012 at 1:30 p.m. Parties are requested to be ready to discuss the extent, if any, to which Advisory Opinion No. 58 issued by the United States Committee on Codes of Conduct in June of 2009, affects this Court's obligations under 28 U.S.C. § 455(a) (2006). [ECF 539 Docket Entry.]
Arpaio gives a telephone interview to The Daily Caller. See Neil Munro, "Arpaio looking for 'a way around' Obama admin 'to enforce state [immigration] laws'," The Daily Caller, June 26, 2012. According to the article, Arpaio told The Daily Caller
"The federal agencies’ actions against Arizona are part of a three-year political campaign intended to boost Obama’s support among Latinos, Arpaio said. Those actions include officials’ press conferences that are coordinated with local pro-immigration groups, and a federal lawsuit claiming civil rights violations."
This article concludes as follows: "Whatever the federal government does to frustrate immigration enforcement in Arizona, Arpaio said, the number of illegal immigrants detained during routine law-enforcement ensures that 'I’ve got to find a way around [because] we’re going to enforce state laws.'" Id.
Arpaio gives another interview to FOX News, during which the following exchange occurred (as later transcribed by court reporter):
INTERVIEWER: You have to rely on the feds. When you're -- when you're checking the license and registration, aren't you calling the feds to say: All right. Is Joe Smith, is this person here illegally or not? If the feds want to make that stop take extra long before they get back to you with the information, thus causing constitutional problems, they can do it, can they not?
SHERIFF ARPAIO: Yeah, I guess they could, but the worst part of it is they may not respond to pick up the illegal aliens. They have a new policy only felons and, you know, murderers and that type of category. So what happens when we stop these people with no state charge, we call the feds and they say, No, we're too busy, what do we do, let them back on the streets?
I guess that's what's going to happen, and that's sad. I'm going to have to try to work around this, come up with some of my own ideas within the Constitution and the laws. But you know, the government is now trying to cut our throats here in Arizona.
See Melendres ECF 1021 at 535-36.
June 26, 2012
Judge Snow holds the scheduled hearing addressing the potential conflict issue. [ECF 540 - Minute Entry.]
MCSO/Arpaio file a "Notice of Waiver on Limited Issue." [ECF 541.]
July 2, 2012
MCSO issues a Press Release: IMMIGRATION AGENTS TAKE CUSTODY OF SUSPECTED ILLEGAL ALIENS FOLLOWING TRAFFIC STOP BY SHERIFF ARPAIO’S DEPUTIES (PDF). The press release includes the following:
(Maricopa County, AZ) Maricopa County Sheriff Joe Arpaio reports that local agents from U.S. Immigration and Customs Enforcement (ICE) were responsive this evening to deputies’ request to take custody of two suspected illegal aliens that were discovered during a traffic stop north of the Valley.
***
The two suspected illegal immigrants were arrested by the Sheriff’s Human Smuggling Unit during a traffic stop in which deputies developed probable cause in determining that they were in the country illegally.
***
Sheriff Arpaio has recently stated that he anticipates continued cooperation from ICE on these types of cases against illegal aliens in the act of being smuggled into the country illegally, but predicts that requests for response in other scenarios will go unanswered. Sheriff Arpaio says, “At least the federal government recognizes the fact in this case that my deputies are qualified to ask certain questions and make a determination of a person’s immigration status without racially profiling.”
MCSO issues a Press Release: Arpaio States “Crackdown Continues Against Illegal Aliens Involved in International Drug Trafficking” (PDF).
July 3, 2012
Judge Snow issues an "ORDER affirming that the trial will proceed on July 19, 2012 at 8:30 a.m., as scheduled." [ECF 542 (PDF).]
MCSO issues a Press Release: Eight More Illegal Aliens Arrested During Human Smuggling Operation by Maricopa County Sheriff’s Deputies (PDF).
Two illegal immigrants were arrested by the Sheriff’s Human Smuggling Unit during a traffic stop in which deputies developed probable cause in determining that they were in the country illegally.
Sheriff Joe Arpaio states that his office will continue the crackdown on illegal immigration.
Id. (Emphasis added.)
July 17, 2012
The Melendres parties each file a "Notice of Invoking Rule 615 Exclusion of Witnesses." See Defendants' Notice [ECF 545]; Plaintiffs' Notice [ECF 546].
Arpaio and Zullo hold another Cold Case Posse press conference today regarding their birther investigation. See MCSO Press Release, “Exhaustive Inquiry Leads to New Information Sheriff’s Investigators: “President’s Long Form Birth Certificate is Undoubtedly a Fraud”: Hawaii Immigration Loophole Could Pose National Security Concern, Sheriff Joe Arpaio Says,” July 17, 2012.
See also, e.g., Jason Lewis, “Joe Arpaio's Scooby Doo Gang Nails Obama On Alleged Damning Phone Interview With 95-Year-Old Woman, Presents Zero Real Evidence,” Phoenix New Times, July 17, 2012; Matthew Hendley, “Joe Arpaio's New Birther "Evidence," as Usual, Was Debunked Months Ago,” Phoenix New Times, July 18, 2012.
July 19, 2012
Phoenix New Times reports on a complaint filed with the IRS re: the Arpaio/Zullo Cold Case Posse. See Matthew Hendley, “Joe Arpaio Birther Club Hit With IRS Complaint Pegging "Investigator" Mike Zullo,” Phoenix New Times, July 19, 2012.
July 19 - August 2, 2012
Seven day bench trial takes place in Melendres case. (July 19, 24, 25, 26, 31, August 1, 2.) [Melendres ECF 549-555.]
For a summary of the trial from the parties' perspectives, see the post-trial briefs:
Defendant's Post Trial Brief [ECF 562.]
Plaintiff's Response in Rebuttal to Defendant's Post Trial Brief. [ECF 569.]
Plaintiff's Post Trial Brief. [ECF 563.]
Defendant's Response in Rebuttal to Plaintiff's Post Trial Brief. [ECF 568.]
For news media coverage of the trial, see the in-depth reporting of the trial by Phoenix New Times reporters, including:
Stephen Lemons, “Joe Arpaio's Racial Profiling Case Costs County Close To $1 Million, So Far,” July 18, 2012.
Jude Joffe-Block, “Sheriff Joe Arpaio's Tactics Go On Trial," Fronteras, July 18, 2012
Jason Lewis, “Joe Arpaio Racial-Profiling Trial Draws Protestors' Calls for Justice on Opening Day,” July 19, 2012.
Uriel J. Garcia, “Joe Arpaio's Deputy Thinks Most Day-Laborers Are Undocumented,” July 19, 2012.
Stephen Lemons, “Joe Arpaio's Racial Profiling Trial Begins, And, Yes, He's Guilty As Sin,” July 19, 2012.
Jude Joffe-Block, “ACLU: Emails Show Racial Bias Behind SB 1070," Fronteras, July 20, 2012.
Jude Joffe-Block, “Arpaio To Testify As Racial Profiling Trial Resumes," Fronteras, July 20, 2012
Ray Stern, “Joe Arpaio Struggles in Racial-Profiling Trial To Answer Examples Of Seemingly Bigoted Leadership,” July 24, 2012.
Ray Stern, “Joe Arpaio Looks Like Tired, Old Racist on Stand During Racial-Profiling Trial,” July 24, 2012.
Ray Stern, “Deputy Chief Brian Sands' Testimony Contradicted by His Statements in 2010,” July 26, 2012.
Stephen Lemons, “Joe Arpaio's (ahem) Legal Scholar Brett Palmer and Brian Sands Under Oath,” July 26, 2012.
Uriel J. Garcia, “Joe Arpaio's Deputy: Sheriff Is Misinformed About Illegal Immigration Patrols,” July 26, 2012.
Stephen Lemons, “Joe Arpaio's Taliban, Nativist Steve Camarota, And More Problems For The MCSO,” July 31, 2012.
Uriel J. Garcia, “MCSO Sergeant Says Main Goal Is to Catch Illegal Immigrants, Contradicting Deputy Chief Brian Sands' Testimony,” July 31, 2012.
Jude Joffe-Block, “Plaintiffs Rest In Arpaio Racial Profiling Trial," Fronteras, Aug. 01, 2012.
Jude Joffe-Block, “Testimony in Arpaio Discrimination Trial To Conclude Thursday," Fronteras, Aug. 02, 2012.
Stephen Lemons, “Joe Arpaio's Racial Profiling Trial Ends, And Yes, Joe's Still Guilty As Sin,” Aug. 3, 2012.
Jude Joffe-Block, “Testimony In Arpaio Racial Profiling Trial Is Over, But Debate To Continue," Fronteras, Aug. 03, 2012
See also, e.g.,. Ted Robbins, “Controversial Ariz. Sheriff's Tactics Go On Trial,” NPR, July 19, 2012, Ted Robbins, "Ariz. Sheriff Arpaio Grilled On Racial Profiling," NPR, July 26, 2012 (discussing Arpaio's six hours of testimony on July 25); Fernanda Santos, “When a Taste for Publicity Bites Back,” New York Times, Aug. 1, 2012. See also Lawrence Downes, “In Arpaio’s Arizona, They Fought Back,” New York Times, July 21, 2012.
July 19, 2012
MCSO issues a Press Release: Sheriff’s Deputies Take Into Custody 20 Illegal Aliens, Including 7 Year Old Child, Being Smuggled Into the Country Illegally (PDF). The press release includes the following: "The Maricopa County Sheriff’s Office has arrested over 5500 illegal aliens during human Smuggling Operations and will continue to enforce illegal immigration laws."
July 25, 2012
MCSO issues a Press Release: Arpaio Asks: Why Are Deputies Seeing More Children Being Smuggled Across the Border? Seven More Illegal Aliens Detained. Among Them, a Three-Year-old (PDF). The press release includes the following: “The Maricopa County Sheriff’s Office has arrested over 5,500 illegal aliens during human smuggling operations and will continue to enforce illegal immigration laws.”
Aug. 2, 2012
Rolling Stone releases online an in-depth article on Arpaio from its upcoming issue. See Joe Hagan, "The Long, Lawless Ride of Sheriff Joe Arpaio," Rolling Stone, Aug. 2, 2012. As reported in that article,
Arpaio refuses to acknowledge the president's recent decision to grant temporary immunity from imprisonment and deportation to illegal immigrants who came to the U.S. as children. These people, Arpaio says, will "be arrested" in Maricopa County. In June, when the Supreme Court struck down key provisions of Arizona's controversial immigration law, the core of which allows law enforcement to demand citizenship papers from any suspected illegal immigrant they come across, Arpaio growled that he wouldn't "bend" to the feds, "especially when we still have state laws to enforce."
"If they think I'm going to surrender," Arpaio says, "it's not going to happen."
Aug. 9, 2012
The Melendres parties file their Post Trial Briefs. See Plaintiff's Post Trial Brief [ECF 563]; Defendant's Post Trial Brief [ECF 562.]
MCSO issues a Press Release: SHERIFF’S DEPUTIES EXECUTE SEARCH WARRANT ON GNC VITAMIN COMPANY WAREHOUSE; NEARLY TWO DOZEN WORKERS SUSPECTED OF IDENTIFICATION THEFT; 63RD CRIMINAL EMPLOYMENT INVESTIGATION NETS 5 ARRESTS (PDF). The press release includes the following:
According to Sheriff Joe Arpaio, his deputies received information from an employee at the warehouse that dozens of workers might be using false identifications. After a thorough search of employment records, deputies determined that about 21 employees at the warehouse were using false identification to gain employment there. Two suspects were even using the social security numbers of deceased persons, Arpaio says.
Today’s operation marks the 63rd criminal employment operation undertaken by the Sheriff’s Office since 2008. In previous operations, a total of 626 suspects were arrested by Sheriff’s deputies, 446 for identify theft, a class four felony. About 162 of those arrested in previous operations were determined through immigration records to be in the country illegally and were subsequently turned over to ICE for possible deportation. All of the suspects arrested for identity theft were later determined to be illegal aliens.
Aug. 15, 2012
MCSO issues a Press Release: 2nd Criminal Workplace Raid in a Week – Today’s Op Nets 4 Arrests for I.D. Theft (PDF).
Aug. 16, 2012
The Melendres parties file their responses to the other party's Post Trial Briefs: See Plaintiff's Response in Rebuttal to Defendant's Post Trial Brief [ECF 569]; Defendant's Response in Rebuttal to Plaintiff's Post Trial Brief [ECF 568].
Aug. 12, 2012
"Campaign finance filings show that Maricopa County Sheriff Joe Arpaio has raised almost $7.5 million dollars for his re-election bid. From Phoenix, Jude Joffe-Block reports that out of state donors are helping his effort." See Jude Joffe-Block, "Arpaio raises nearly three times as much money as opponents," KJZZ, Aug. 22, 2012 (article includes links to candidate filing documents).
Aug. 31, 2012
Arpaio gives and interview to FOX News Latino. During that interview, the following exchanges occurred (as later transcribed by court reporter):
INTERVIEWER: You know, when you talk to the Hispanic community they point to this platform and they pick two names. It's Kansas Secretary of State Kris Kobach and Sheriff Joe Arpaio that are the problem with the immigration tone, and are the reason why the Hispanics aren't voting for Republicans. What's your response to that?
SHERIFF ARPAIO: First of all, what's the problem? I don't make the laws. I'm the sheriff. I enforce the laws and I'm enforcing state laws and federal laws. I enforce all the laws. I don't think that's a problem. Now I'm the poster boy from Washington from the president on down, but is it because I'm just doing my job?
* * *
SHERIFF ARPAIO: Everywhere I go all these delegates come up to me and say thank you. So evidently I'm doing something right. So they didn't throw me out. I'm here, and I'm -- and all these delegates like -- they like me not because I'm tall, dark, and handsome, but they like me because I'm enforcing the illegal immigration laws. So I think that should send a message that I am doing what the people elected me to do.
INTERVIEWER: Do you ever think about, you know, changing the tone? Or is this -- if the problem is the tone and not the actual policy, have you ever thought about, okay, let me take back on the rhetoric a little bit?
SHERIFF ARPAIO: I'm talking to you. I'm not backing down. Why should -- I'm doing my job. I talk to the media. I don't run a CIA secret operation and hide, so I talk to you. Sometimes it gets me in trouble, but no, I'm not doing -- I'm doing what I've been doing. I'm not toning down anything.
* * *
INTERVIEWER: And at the end of the day do they win Florida, you think, Republicans or --
SHERIFF ARPAIO: I think they're going to win. I get a sense here how they support me. I've raised seven and a half million just to run for sheriff, and a lot of that money comes from Florida. So evidently if they send me money, they must like what I'm doing. If they like what I'm doing that should translate to Mitt Romney, not to Obama, because he's trying to curtail everything I'm doing.
* * *
SHERIFF ARPAIO: They want to call me all the names, let them do it. I know in my heart what I am. I'm just enforcing the law, took an oath of office, and I don't back down, and I will continue to do what I've been doing. If they don't like it, I highly recommend that they go to Congress, get their congressman to change the laws or make new laws, highly recommend that. Don't go after this sheriff that's just enforcing the laws. I'm just enforcing the laws. So change the laws. Doesn't bother me at all.
See Melendres ECF 1021 at 544, 546-48, 549-50; see also Bryan Lienas, "Republican Convention: Sheriff Joe Arpaio Says 'Don't Blame Me' for GOP-Latino Rift," Fox News Latino, Aug. 31, 2012 for complete interview video. During another portion of that interview, Arpaio stated as follows (unofficial layperson's transcript):
ARPAIO: You know, I have nothing to hide. But I’m not gonna let the Federal Government take over my office. I’m the elected sheriff. They want monitors, they want tell me what to do. That’s a no no.
See ~2:14 of video at link.
Sept. 7, 2012
MCSO issues a Press Release: 17 Illegal Aliens Apprehended by Sheriff’s Deputies Overnight (PDF). The press release includes the following: "While the “show me your papers” provisions of SB1070 were just approved, Arpaio says his deputies, who have continued enforcing human smuggling and illegal immigration laws, have arrested 226 illegal this year during human smuggling operations."
Sept. 13, 2012
MCSO issues a Press Release: ANOTHER RESTAURANT HIRING SUSPECTED ILLEGAL ALIENS INVESTIGATED BY SHERIFF’S DEPUTIES (PDF).
Sept. 21, 2012
MCSO issues a Press Release: First Time: ICE Refuses to Accept Illegal Aliens from Sheriff’s Deputies During Human Smuggling Operation (PDF). The press release includes the following: "'Regardless of the Obama Administrations policy, I am going to continue to enforce all of the illegal immigration laws. While I am disappointed in ICE’s decision last night, I plan on meeting with ICE officials, hoping to remedy the problem,' Sheriff Arpaio says."
Sept. 25, 2012
The Ninth Circuit Court of Appeals upholds Judge Snow's December 2011 preliminary injunction. See Melendres et al v. Arpaio et al, No. No. 12-15098 (9th Cir. Sept 25, 2012) (PDF). See also Jude Joffe-Block, “MCSO Loses Appeal On Human Smuggling Enforcement," Fronteras, Sept. 27, 2012; and Jude Joffe-Block, “Arpaio's Office Appeals Restrictions On Human Smuggling Enforcement," Fronteras, Sept. 14, 2012.
Sept. 26, 2012
Maricopa County Attorney Bill Montgomery responds to then-Cold Case Posse member Brian Reilly's request for the county to convene a grand jury investigation into whether President Obama's birth certificate is a forgery, explaining that he lacks jurisdiction over the matter. See Matthew Hendley, “Bill Montgomery Entertains "Birther" Over Joe Arpaio's Probe of Obama's Birth Certificate,” Phoenix New Times, Oct. 23, 2012 (includes copies of email correspondence).
Sept. 27, 2012
MCSO issues a Press Release: SHERIFF’S DEPUTIES EXECUTE SEARCH WARRANT AT CONSTRUCTION COMPANY. See Melendres ECF 843-2 at 9. The press release includes the following: "Arpaio is concerned about Washington’s new policy about not arresting illegal aliens unless they meet certain criteria. In this investigation, Immigration and Customs Enforcement (ICE) refused to arrest two illegal aliens that were looking for work while deputies were investigating the establishment. Arpaio refused to allow the suspected illegal aliens to be released into the streets and ordered the deputies to transport these two suspects to the United States Border Patrol."
Oct. 1, 2012
Defense News publishes an article reporting that, according to multiple sources, John Brennan (President Obama’s counterterrorism adviser) was the person responsible for providing information from Montgomery to the Bush White House, “even as intelligence officials back at the [CIA] were convinced the information was a fraud.” See Aram Rosten, “Obama’s Counterterror Czar Gave Bogus Intel to Bush White House,” Defense News, Oct. 1, 2012.
According to Rosten, “Tommy Vietor, a spokesman for Obama’s National Security Council, conceded that Brennan had passed on the information, since he was the head of the TTIC, but Vietor said Brennan was not central to the incident. …Vietor said Brennan didn’t believe the information himself but had simply passed on information that the CIA had developed. ‘It is absolutely wrong to say Mr. Brennan believed in the veracity of the information,’ he said.” Id.
Oct. 9, 2012
MCSO issues a Press Release: 2nd Time ICE Refuses to Accept Illegal Alien From Sheriff’s Deputies since September. See Melendres ECF 843-2 at 10. The press release includes the following: "Sheriff Joe Arpaio stated, “I continue to enforce the laws but keep running into road blocks. My office will continue its hard work in efforts to serve the residents of Maricopa County. My back up plan is still in place and we will continue to take these illegal aliens not accepted by ICE to the Border Patrol.”"
Oct. 11, 2012
The ACLU Foundation (via Andre Segura) sends a letter to the MCSO expressing its concern regarding Arpaio's recent press releases indicating that the MCSO continued "detaining and transporting individuals in violation of the Court’s injunction prohibiting sheriff’s deputies from detaining anyone solely on the basis of suspected unlawful presence. Three recent press releases (enclosed) indicate that MCSO is continuing to detain individuals on this basis without any valid state law justification." See Melendres ECF 843-2 at 4-5.
Oct. 18, 2012
Tim Casey responds to the ACLU letter on behalf of Arpaio and the MCSO, denying the ACLU's assertions that the recent "immigration enforcement actions" were conducted in violation of the Court's December 2011 preliminary injunction. See Melendres ECF 843-2 at 13-16.
Nov. 6, 2012
Arpaio wins reelection. See, e.g., Matthew Hendley, “Joe Arpaio All-But-Declares Victory, And Immediately Declares 2016 Candidacy,” Phoenix New Times, Nov. 6, 2012.
Nov. 20, 2012
MCSO issues a Press Release: Sheriff Joe Arpaio Reports Crack Down Continues After Eleven Illegal Aliens Are Arrested by Maricopa County Sheriff’s Deputies (PDF). The press release includes the following:
Sheriff Joe Arpaio says “The entry into Maricopa County by illegal aliens continues to increase despite the numerous arrests made by my deputies. My deputies will continue to investigate human smugglers in Maricopa County”.
Sheriff’s deputies have arrested fifty three illegal aliens in a thirty day crack down. To date the Maricopa County Sheriff’s Office has arrested over 5,759 illegal aliens involved in human smuggling.
Dec. 6, 2012
The Trustee in Dennis Montgomery’s bankruptcy proceedings files a “Motion for Order … Approving Sale Agreement with Michael Flynn Regarding the Sale and Purchase of the Estate's Interest in Certain Property…” See In re Dennis Lee Montgomery et al, No. 2:10-bk-18510-BB, ECF 203 (Bankr. C.D. Cal. Dec. 6, 2012). As summarized on the first page of the motion:
The Trustee has received and accepted an offer from Michael Flynn ("Proposed Buyer") for the purchase of certain assets of the estate not previously claimed exempt, purchased by the Debtors, or previously abandoned by the Trustee for the amount of $20,000 subject to overbid. By this Motion, the Trustee is requesting approval of his proposed Sale Agreement, approval of overbid procedures and a waiver of the 14 day stay imposed by FRBP 6004(h). The specific assets subject to the Sale Agreement are discussed below. The Trustee's Motion should be approved. Fair market value is being realized for the assets subject to the Sale Agreement and the approval of the Motion will benefit the bankruptcy estate.
Id. at 1. The proposed sale includes, among other things,
- [A] large number of documents” currently being held at a storage unit in California, “ including but not limited to, documents delivered from the Liner Firm obtained in their representation of the Debtor and from discovery documents received by the Liner Firm in connection with litigation in which they represented the Debtor; and documents relating to litigation in Nevada, [which were subject to the August 29, 2007 Protective Order]” (id. at 7); and
- The Patents [copyrights, and other Intellectual property] as provided on Debtors' Schedule B valued at $10,000,000” (id. at 9).
With respect to the patents valued at $10,000,000 on Montgomery’s Bankruptcy schedule, the Trustee asserted as follows:
The Debtors' scheduled interest in patents has no value. The Debtor's alleged patents and technology were part of an investigation of the Debtor by the U.S. Government for, among other things, fraud. Considering the allegations of fraud against the Debtor involving the Debtor's alleged technology, the estate's interest in the patents have no value. Moreover, the alleged patents are subject to a judgment lien in favor of eTreppid Technologies in the approximate amount of $26 million.”
Id. at 9. The Bankruptcy Court will later grant this motion. See Order, In re Dennis Lee Montgomery et al, No. 2:10-bk-18510-BB, ECF 216 (Bankr.C.D. Cal. Jan. 9, 2013).
Dec. 12, 2012
In US v. Maricopa County, et al, Judge Silver denies motions to dismiss filed by Maricopa County and Arpaio. She grants the motion to dismiss filed by the MCSO. See ECF 56.
Dec. 13, 2012
Dennis Montgomery signs a declaration under oath attaching (among other items) three documents he alleges were contained in Edra Blixseth’s computers and hard drives (which he asserts he obtained with her permission). See Declaration of Dennis L. Montgomery dated Dec. 13, 2012, as later submitted by Tim Blixseth in support of an Emergency Motion Per Circuit Rule 27.3 to Stay Proceedings in Blixseth v. Yellowstone Mountain Club, LLC, No. 12-35986, Doc 52-2 at pp.24-31 (9th Cir. Aug. 12, 2013).
In August 2015, the Ninth Circuit will sanction attorney Michael Flynn for submitting these documents in the appeal “without even alluding to the fact that in another action, “[Edra Blixseth] and her counsel filed affidavits and supporting documents that conclusively demonstrate that the ‘evidence’ is forged.” This omission is an unreasonable and irresponsible breach of Flynn’s “duty of good faith and candor in dealing with the judiciary.” United States v. Associated Convalescent Enters., Inc., 766 F.2d 1342, 1346 (9th Cir. 1985). Such a breach supports sanctions under section 1927. See id. at 1346-47.” See Blixseth v. Yellowstone Mountain Club, LLC, No. 12-35986, --- F.3d. ---, Doc. 106, at 5-6 (9th Cir. Aug. 4, 2015). See August 2015 entry for more details and links to additional documents.
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