Efforts to fill the vacancy created by Tuesday’s resignation of Sen. Otoniel “Tony” Navarrete (D-LD30) in the face of child molestation charges will take a bit longer than expected, after it was discovered there are not enough Democrat LD30 precinct committeemen to make the nomination.
At least 30 elected precinct committeemen are required, but there is only 29, according to information obtained from the Maricopa County Recorder’s Office. That means the Maricopa County Board of Supervisors will have to appoint a citizen’s panel which will be tasked with nominating three Democrat candidates.
The board of supervisors will then vote to appoint one of the three candidates as LD30’s senator. The process could take two weeks or more if a rift occurs among within the party and interested candidates.
Navarrete announced his resignation five days after his Aug. 5 arrest on seven felonies involving sexual misconduct with minors. He had his initial court appearance the next day and was released from jail Aug. 7 to await trial after posting a $50,000 secured bond.
Numerous public officials called on Navarrete to resign as soon as word of his arrest became public, including Gov. Doug Ducey, Senate President Karen Fann, and Rep. Raquel Teran, chair of the Arizona Democratic Party.
The one-sentence resignation letter to Fann and Senate Minority Leader Rebecca Rios was followed by a written statement in which Navarrete “adamantly” denied “all allegations that have been made.”
Navarrete’s resignation put the brakes on an effort by Sen, Kelly Townsend for an ethics investigation. Sen. Sine Kerr, chair of the Ethics Committee, previously confirmed receiving Townsend’s complaint about Navarrete, but on Tuesday she dismissed the complaint as moot.
Court records show two boys, ages 16 and 13, told detectives with the Phoenix Police Department of being sexually molested by Navarrete in the past. The older boy alleged multiple incidents of abuse over several years. Among the evidence described in a probable cause statement is a confrontation call between Navarrete and the younger boy during which the then-senator reportedly admitted to engaging in sexual misconduct.
Confrontation calls are utilized by investigators in hopes of getting an alleged perpetrator to provide a confession or other incriminating evidence.
Navarrete has been ordered to have no-contact with the two victims named in the charges. He is also required to comply with electronic monitoring. If convicted of all charges, Navarrete faces a mandatory prison sentence of nearly 50 years.
Arizona State University (ASU) announced Monday that it would be launching an elementary curriculum focused on social-emotional learning, diversity, equity, and inclusion. The curriculum will be part of their K-12 online schooling, ASU Prep Digital.
The curriculum will blend cultural competence (diversity, equity, and inclusion), social-emotional learning, and the Spanish language. The university noted that it will partner with Encantos, an online learning platform, to roll out this new curriculum. In doing so, the curriculum could be implemented easily through distance learning.
Diversity, equity, and inclusion (DEI) is often referred to together, but each are individual concepts with their own definitions. In the context of DEI, diversity represents any and all possible differences, such as race, ethnicity, gender, sexuality, gender identity, religion, caste, tribe, socio-economic status, and so forth.
Equity differs from equality. Rather, equity focuses on equality of outcome. Inclusion is a combined practice of diversity and equity – oftentimes, it signifies inclusion of diverse individuals for equitable outcomes.
Social-emotional learning (SEL) focuses on identity, emotions, attitudes, and beliefs; it promises to help individuals understand themselves, their role in the world, and their relationships to others. SEL is the vessel for DEI.
Encantos offers a vast array of curriculum peppered with social justice concepts. Their brand Tiny Travelers has K-5 educational materials on the Fourth of July, for example, that teaches children that Black Americans still aren’t free.
“In the decades following the Emancipation Proclamation, Black Americans have continued to struggle for equal rights and treatment, even to this day,” reads the activity sheet. “Native Americans were also subject to genocide and displacement as the colonies expanded to form what we now know as the United States after the signing of the Declaration of Independence.”
Despite emphasizing the evils of genocide, slavery, and current racial tensions for this country, Encantos’s Tiny Travelers educational materials for other countries don’t discuss any evils that plagued their country. China, for example, is described only in terms of its cultural practices.
Encantos CEO Steven Wolfe Pereira credited ASU for leading in progressive education.
“ASU is the undisputed leader in progressive education, modeling a stance on universal access with excellence, inclusivity, access, and impact as the core,” said Pereira. “We share these values and are thrilled to partner to introduce 21st-century skills, story-teaching, and learning through play to their schools, to ensure the 2 billion kids around the world all have an equal chance to reach their fullest potential.”
According to ASU, this new curriculum will be unique – the first of its kind. It will create “a more inclusive educational system that democratizes and diversifies learning.” ASU asserts that the need for this type of curriculum exists because future jobs will require different skills.
ASU expects to roll out this new curriculum by fall 2022.
Farm Bureau Financial Service and one of its Arizona representatives is not liable for the fact a group of developers lost funding for a hotel – casino in Puerto Peñasco, a coastal town in Mexico commonly known as Rocky Point, the Arizona Court of Appeals has ruled.
Last week a three-judge appellate panel affirmed a Pima County Superior Court judge’s ruling last year which dismissed a 2016 lawsuit filed by Cholla Bay Hotel Group LLC; CBHG Management S.A. DE C.V.; Desert Springs Equestrian Center LLC, and Lorilei Peters, who was a principal of Desert Springs Equestrian.
The various plaintiffs -collectively referred to as the CBHG plaintiffs- sued for defamation as well as tortious interference in a business expectancy and contract due to Farm Bureau information Cully provided to private investigators.
Those investigators were hired by Grupo Financiero IMBURSA in 2013 to conduct a due diligence review of the CBHG plaintiffs related to a $15 million loan for construction of a hotel and casino in Rocky Point. The loan, according to the lawsuit, was to be funded by Grupo Financiero and guaranteed by the Mexican government.
CBHG also alleged a Mexican government agency had approved it for a gaming license within Mexico.
In their lawsuit, the CBHG plaintiffs alleged the development loan was denied due to negative information Farm Bureau provided to the investigators. That involved a 2010 insurance claim for theft made by Peters on behalf of Desert Springs Equestrian with a value of more than $250,000.
The lawsuit alleged the letter “recklessly made false allegations of criminal conduct on behalf of Ms. Peters in connection with an allegedly fraudulent theft claim.” It also alleged Farm Bureau and Cully improperly sent a referral to the Arizona Department of Insurance and the National Insurance Crime Bureau, which the CBHG plaintiffs asserted was defamation.
In response to the lawsuit, Farm Bureau asserted that CBHG failed to produce admissible evidence of the existence of the $15 million loan, the hotel franchise agreement in Rocky Point, or a Mexican gaming license. Farm Bureau also argued the documents which were produced by the CBHG plaintiffs could not be authenticated and some bore “several hallmarks of being a forgery.”
Without validated evidence, CBHG could not substantiate its claim of a business expectancy, a judge with the Pima County Superior Court ruled in dismissing the CBHG lawsuit. The dismissal order noted the plaintiffs’ business expectancy claims were “too attenuated, speculative.”
CBHG timely appealed, arguing the judge erred in rejecting admissible evidence and in not properly addressing the defamation claim. The appeal also challenged the lower court’s opinion that CBHG’s business-expectancy claim was too attenuated and speculative.
But according to the unanimous appellate decision, CBHG had to show the existence of a valid contractual relationship or business expectancy in order to prove intentional interference with business expectancy and contract.
The burden of proof was on the CBHG plaintiffs to provide a showing of “a business relationship evidenced by an actual and identifiable understanding or agreement which in all probability would have been completed if the defendant had not interfered.” Judge Sean Brearcliffe wrote in the appellate decision.
“Simply stating that the documents have a government stamp on the first of sixty-five pages and having a third party with no personal knowledge of either the characteristics of the stamp or the ministry’s receipt of the documents testify, is not sufficient,” Brearcliffe wrote. “CBHG was unable to produce admissible evidence below to create a genuine issue of material fact as to the existence of a valid contractual relationship or business expectancy.”
As to the defamation claim, the court of appeals ruled insurance companies such as Farm Bureau have a statutory duty to refer claims they believe to be fraudulent to the Insurance Fraud Unit of the Arizona Department of Insurance.
The CBHG plaintiffs, jointly or individually, have until Sept. 6 to file a petition for review to the Arizona Supreme Court.
State Senator Nancy Barto (R-Phoenix) reminded Arizonans last week that off-label treatments are legal during public health emergencies, including the COVID-19 pandemic. Barto cited her bill, SB1416, which was signed into law in May.
Barto explained the significance of the law during a radio interview on Monday. According to the senator, the law grants flexibility for health care providers to offer more tailored treatments to their patients.
“We know how important early treatment and prevention is in health care,” said Barto. “Expanding access to certain off-label medications during a pandemic can be life-saving in this fight, and physicians need every tool in the toolbox to appropriately treat patients without fear of losing their license.”
Last month, Governor Doug Ducey rescinded restrictions on the filling of two off-label drugs some prescribed for COVID-19: hydroxychloroquine and chloroquine. This further allowed health care providers flexibility, complementing Barto’s law:
“ ‘Lawful health care service’ means any health-related services or treatment, to the extent that the service or treatment is allowed or prohibited by law or regulation, including the off-label use of medications during a public health emergency, that may be provided to persons or businesses that are otherwise allowed to offer such services,” reads the law. “‘Off-label use’ means any use if the intent is the practice of medicine and the use is not specified in the labeling or indications for use for prescription drugs, biologics, approved medical devices and dietary supplements approved by the United States food and drug administration.”
Hydroxychloroquine and chloroquine aren’t recommended currently by the FDA to treat COVID-19. The FDA cautioned that the drug could cause heart rhythm problems, and the National Health Institute (NIH) assessed that it could work in theory but has failed in terms of both safety and efficacy.
In the case of COVID-19, treatments like Ivermectin have been popularized as off-label treatment options. When previous President Donald Trump contracted COVID-19 last October, he was given a cocktail of off-label drugs including: dexamethasone, remdesivir, and Regeneron’s monoclonal antibody. The president was also given zinc, Vitamin D, famotidine, melatonin, and aspirin.
Those are a few of several treatments approved by the FDA. For more severe cases, patients may be given Veklury (remdesivir). Monoclonal antibody treatments include sotrovimab, REGEN-COV (casirivimab and imdevimab), and Olumiant (baricitinib). Other treatments include the immunosuppressive Actemra (tocilizumab).
Congressman Andy Biggs (R-AZ-05) announced on Friday that he will file articles of impeachment against Department of Homeland Security (DHS) Secretary Alejandro Mayorkas over the burgeoning border crisis.
In a press release, Biggs called Mayorkas a threat to the country. Biggs intends to file the articles of impeachment in the coming weeks. The congressman hasn’t specified a date.
“Secretary Mayorkas is a threat to the sovereignty and security of our nation. As a result of his actions and policies, America is more in danger today than when he began serving as Secretary. He is willfully refusing to maintain operational control of the border and is encouraging aliens to enter our country illegally,” stated Biggs. “Under his direction, DHS is systematically releasing COVID-19 positive aliens into our communities, subjecting the American people to unnecessary and avoidable risks. Secretary Mayorkas is failing to faithfully uphold his oath of office and is presiding over a reckless abandonment of border security and immigration enforcement, at the expense of the U.S. Constitution and the security of the United States.”
Mayorkas hasn’t issued a response to Biggs’ promise.
AZ Free News reached out to both Biggs and Mayorkas for comment. Neither responded by press time.
Another leading the charge on Mayorkas’s removal is Congressman Chip Roy (R-TX-21). Last Monday, Roy advocated for Mayorkas’ impeachment.
“It’s time to draw a line in the sand, for the sake of our country, our communities, our kids, and those who seek to come here. It’s time to impeach @SecMayorkas for failing to uphold immigration law, enforce Title 42, and secure our border,” said Roy. “We demand a secure border and safe neighborhoods. It’s our country. These are our terms.”
THREAD: PRELIMINARY JULY BORDER NUMBERS
(USBP only, subject to increase)
Total encounters: 205,029
Total known gotaways: 37,400
1.3 million for FY 21 so far
Largest monthly encounter number since 2000. Total is bigger than every full-year total since FY21
As context for his call to impeach Mayorkas, Roy cited the preliminary border patrol numbers on illegal immigrants for July. This included over 205,000 encounters, with 37,400 total known “gotaways.” For the fiscal year 2021, there are 1.3 million of those so far.
Gotaways are illegal immigrants that are observed breaching the border but not apprehended.
Roy noted that these totals reflect the largest monthly encounter for illegal immigrants in all of DHS history. The current total is bigger than every full-year total since last year. In addition to that data, Roy shared that agents and officers have seized over 8,500 pounds of fentanyl during the first nine months of fiscal year 2021 – enough to kill every American citizen five times over.
Then on Monday, Rody led 21 House Republicans to demand answers on the Biden Administration’s border crisis from Mayorkas and DHS on Monday.
“[The] numbers are appalling and are a direct result of the Biden Administration’s weak border policies and your lackluster performance as the Secretary of the Department of Homeland Security. DHS’s mission is ‘with honor and integrity, we will safeguard the American people, our homeland, our values.’ Frankly, you are not fulfilling that mission,” wrote Roy. “The southern border is in crisis despite the Biden Administration’s refusal to call it what it is. The American people can see the numbers, and Americans in communities across the nation are feeling the burden of our open borders.”
The House Republicans requested information including any executive orders to repeal or rescind policies in effect before President Joe Biden’s inauguration, the total number of illegal immigrants (including children) and their demographics, the number of U.S. Customs and Border Patrol (CBP) and Office of Field Operations agents who were reassigned from border patrol sectors to shelters detaining illegal immigrants, the number and handling of COVID-19 positive illegal immigrants, and information on all illegal immigrant shelter operations and their funding.
Biggs didn’t sign onto Roy’s letter.
Representatives Randy Weber (R-TX-14)), Beth Van Duyne (R-TX-24), Michael Cloud (R-TX-27), Debbie Lesko (R-AZ-08), Marjorie Taylor Greene (R-GA-14), Gregory Steube (R-FL-17), Doug Lamborn (R-CO-05), Troy Balderson (R-OH-12), Glenn Grothman (R-WI-06), Vern Buchanan (R-FL-16), Bob Gibbs (R-OH-07), Matthew Rosendale (R-MT), David Rouzer (R-NC-07), Dan Bishop (R-NC-09), Lauren Boebert (R-CO-03), Bob Good (R-VA-05), Barry Moore (R-AL-02), Madison Cawthorn (R-NC-11), and Jody Hice (R-GA-10) signed onto the letter.
