Birther attorney Larry Klayman reports that he will be at the Melendres v. Arpaio hearing May 31, and will hold a press conference afterwards.
The Ninth Circuit Court of Appeals in a brief order Friday, granted Klayman’s motion to expedite the appeal of Dennis Montgomery (whom Klayman represents, but who is not directly a party to the Melendres case) to intervene in the case. That order comes too late to affect Tuesday’s hearing.
Earlier this month federal district judge G. Murray Snow found Joe Arpaio and three of his current and former staff members guilty of civil contempt of court. Tuesday’s hearing will address penalties and possible referral of one or more defendants to the Department of Justice for prosecution of criminal contempt (and possibly other charges such as obstruction of justice and perjury).
Klayman says:
Recently, Snow, despite this pending appeal, issued a ruling finding that my client Montgomery committed a fraud
Judge Snow’s Findings of Fact do indeed use that word “fraud” at 360:
First, Mr. Montgomery committed a fraud on the MCSO. …
Judge Snow went so far as to call the evidence of Montgomery’s fraud “overwhelming” (362). This is not, however, one of the findings of fact, but rather a point used in reaching a finding against the defendants.
I seems unlikely to this observer that Judge Snow will make any criminal referral of Dennis Montgomery. First and foremost, Montgomery was not a party to the Court’s order and did not disobey it. Further, Montgomery did not harm plaintiffs in the Melendres case and therefore is not part of any remedy due them. Lastly there is the question of jurisdiction because of where Montgomery committed fraud. It would seem that the ones who should rightly pursue charges against Dennis Montgomery would be his victims, the Maricopa County Sheriff’s Office, and the people of Maricopa County.
Klayman previously, in addition to the removal of Judge Snow, demanded the resignation of Barack Obama and John Boehner, suggesting that the people should “rise up” against Obama and “show force.”
Readers interested in the proceedings might follow Stephen Lemons on Twitter.
@stephenlemons
So Klayman is going to show up as a spectator then stand outside when the hearing is over?
There aren’t many steps to stand on at the Sandra Day O’Connor Federal Court building by the way.
https://realsouthernhousewifeoforangecounty.files.wordpress.com/2012/04/img_1740.jpg
That’s about it. I’m not sure what he will have to say, though.
This is just more grandstanding for his loyal supporters who think he walks on water, kind of like Arpaio’s low information voters. My expectation is that he’ll try to turn the hearing into a media circus. As Doc would say, his effort is DOOMED!!!
I expect Lemons will also be there. And Lemons’ motto is (paraphrasing) that he’s person who likes people who like to talk.
I suspect Lemons will have a field day with Klayman’s desire for attention.
Perhaps we can make a Klay Man into Lemon’s aide?
As part of my ongoing service to the community I give you this link…
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I already stocked up on popcorn at Costco. Lemme check the calendar for tomorrow:
10 am Poll Manager Training
12 pm Melendres v. Arpaio hearing
5 pm Mensa Burger & Martini night
I will be working and voting in the Republican primary June 14, as there is no Democratic one. You can read about our incumbent state senator, Lee Bright on the Wikipedia, and likely guess which candidate I will not be voting for.
I just got my shiny new South Carolina Elections Commission Voter ID card. I have never seen one at the polls, but I ran across someone just the other night that had one–so there are at least two. I’ll use mine when I vote.
Someone over at BR suggested my congressman, Trey Gowdy, as Attorney General in a Trump administration. He’s actually rather qualified for the job, and he’s not a birther.
“I assume Lemons will be there Tuesday. If anyone has Lemons’ ear, please let him know that Klayman intends to be there as well.”
He knows.
Lemons follows me on Twitter.
So can Klayman ask the court if he can speak and request Judge Snow postpone the hearing pending his appeal?
The latest motion to intervene from Klayman:
https://www.scribd.com/doc/314317703/Montgomery-Appeal-15-16626-47-Montgomery-Supp-Brief
With his history of going after people for political purposes? I think not.
What press, apart from Lemons, is going to be there? It’s not like he can latch onto an existing bigger event like the Tea Party gathering in DC back when he asked Obama to “put the Koran down and his hands up”.
I meant qualifications as a federal judge’s clerk and as a prosecutor. Like most Republican politicians, I question his moral qualifications.
I would be surprised if Judge Snow would allow him to speak. He doesn’t represent any party in the case. Montgomery’s motion to intervene has been denied. I don’t think the Judge would accommodate what would be a blatant attempt at grandstanding.
I agree but that won’t stop Klayman from trying. He will then paint himsdlf and Monty as victims of judical corruption.
Use hashtag #arpaiocontempt on Twitter.
You are unclear in the statement.
You, apparently, state that you are a Republican politician, that, like most such people, question his moral qualifications!
what moral qualifications do you question in Gowdy, and how do they differ from yours?
Or is it a blanket opinion about politicians, democrat or republican, that they suffer from some moral qualifications that affect their soul?
My position on that is that they are all subject to pressures that require them to abandon some of their morality while in office
And the Lemons feed is producing updates. Not many at this point, but they’re there:
Morning break at #ArpaioCintempt trial. Alas, Arpaio is not in chains, nor will he be today. So far almost no discussion of criminal contempt
and just now:
But there is a lot of discussion of dismantling Arpaios power over IAs. #ArpaioContempt
And moments ago:
Remains to be seen if a possible criminal referral of Arpaio will be discussed. On lunch break now. #ArpaioContempt
Klayman had issued second press release, which adds nothing.
The 9th Circuit has scheduled Montgomery’s appeal for September 2016.
Local news covereage:
http://www.fox10phoenix.com/news/arizona-news/149626597-story
http://www.12news.com/mb/news/local/valley/judge-to-consider-penalties-for-arpaio-during-tuesday-hearing/223369413
http://www.cbs5az.com/story/32098729/sheriff-arpaio-in-court-tuesday-in-contempt-of-court-case
Check out video added at end of the article. Wow!
One early report says persons unlawfully detained will get at least $1,000.
http://www.azcentral.com/story/news/local/phoenix/2016/05/31/joe-arpaio-contempt-hearing-fines-detainees-tuesday/85194194/
The County may be on the hook. Sousa and MacIntyre off the hook for criminal charges.
Word on the street is that Klayman split after the mid-morning break.
According to Lemons Judge Snow said he is considering criminal contempt charges for Arapio, Sheridan, Captain Baily and Michele Iafrate (one of Arapio’s attorneys). He told Iafrate she better lawyer up.
Correction: Ms. Iafrate was an attorney for the MCSO in the case.
Klayman’s third(!) presser about his motion.
It looks more like press release and not a press conference. Did the press conference happen yesterday on the steps of the court house as promised?
Smartest thing Klayman did yesterday was slink out at the morning break, and not return. No “conference.”
Slink out….a good description of what birthers do.