On Monday, a superior court judge refused to dismiss Republican gubernatorial candidate Kari Lake’s lawsuit entirely against Maricopa County and the state. Wednesday’s planned hearing will go on.
Maricopa County Superior Court Judge Peter Thompson also denied petitions from outgoing Secretary of State and governor-elect Katie Hobbs, and Maricopa County Recorder Stephen Richer, to avoid deposition.
The judge rejected Hobbs and Maricopa County’s argument that the Rules of Civil Procedure determining whether a case qualifies for civil litigation don’t govern election contests. The judge did agree that the court timelines permitted for discovery conflicted with the constricted deadline required by statute. However, even on that point he said precedent prioritized statute over civil procedure.
“[I]n this instance the substantive statute – with its strict timelines and limited room for discovery that define the parameters of an election challenge – must prevail over civil rules which simply do not fit in these cramped confines,” wrote the judge.
Hobbs sought exemption from deposition. Her team sought application of “apex doctrine,” something which excuses high-ranking government officials and executives from testifying. The judge indicated that granting Hobbs’ request would set a standard exempting all government officials.
“While the Court is sensitive to the need to have discovery be proportional to the needs of the case, the Court is not inclined to apply a blanket rule that high-level government officials can never be called to testify,” stated the judge.
The judge rejected Lake’s request to include emails in discovery, opining that the request went beyond the intent of statute for ballot inspection. He warned that a lax interpretation would have the “potential for transforming election contests of limited scope into a lighting-round of discovery disputes.”
The judge also addressed Lake’s claims that Hobbs and the county violated the First Amendment. As AZ Free Newsreported earlier this month, both Hobbs and the county worked with a private company operating as a middleman between government and social media. Thompson asserted that free speech violations were “premise[d] on state action,” or direct involvement.
“[T]he First Amendment does not restrain private parties from opposing speech, or choosing what to publish,” wrote Thompson. “This is the key deficiency with the claim against the Recorder and Secretary’s respective reports to the Election Misinformation Reporting Portal—after the report is made, there is no further conceivable state action. Twitter (to take one example) takes down posts that offend its terms of service after a report is made, and neither the Recorder nor the Secretary are alleged to have control over that process or are alleged to have the authority to compel such a take-down.”
In short: the court took Hobbs and Richer at their word.
Thompson also rejected Lake’s claim that Maricopa County’s ballot-on-demand (BOD) printers lacked the required certification. He stated that relevant statute didn’t include printers. The judge did grant Lake an opportunity to present findings to support her claim of BOD interference resulting in lost votes for her in court.
Thompson rejected Lake’s attempt to include a challenge of Maricopa County’s signature verification efforts, noting that Lake had since the April release of Attorney General Mark Brnovich’s report on the subject to confront the issue — but didn’t. Thompson also rejected Lake’s claim that mail-in ballots violate the state constitution’s secrecy laws, nothing that Lake had 30 years to challenge the law.
Thompson also rejected Lake’s claims of due process and equal protection violations, indicating they were vague and repetitive.
Thompson did accept Lake’s claim that Hobbs and Maricopa County violated chain of custody law. Thompson also afforded Lake the opportunity to prove BOD printer malfeasance.
BREAKING: Our Election Case is going to trial. Katie Hobbs attempt to have our case thrown out FAILED. She will have to take the stand & testify.
Maricopa County Supervisor Jack Sellers capped off his year-end newsletter by celebrating a “Defender of Democracy” award from a Big Tech-funded, election-influencing nonprofit.
Sellers received the award in July alongside Elections Director Scott Jarrett and outgoing Secretary of State/governor-elect Katie Hobbs’ assistant secretary of state-turned-chief of staff, Allie Bones. The Center for Election Innovation & Research (CEIR) issued the awards. CEIR received $69.5 million from Facebook founder Mark Zuckerberg and his wife, Priscilla Chan, in August 2020 through the Chan Zuckerberg Initiative — three months before the contentious presidential election.
Along with Scott Jarrett, honored to be in DC to accept a Defender of Democracy Award, on behalf of our entire Maricopa County Elections Team, from the non-partisan Center for Election Innovation & Research. pic.twitter.com/f9dw2qLEpB
Ultimately, CEIR gave nearly all of those funds — over $64.2 million — to state and local government officials to encourage mail voting and enhance voter information. Arizona received nearly $4.8 million. That was on top of other Big Tech monies that Arizona’s election officials received. As AZ Free News reported last March, the Center for Technology and Civic Life (CTCL) issued $5 million to the state. $3 million went to Maricopa County specifically.
The founder and executive director of CEIR is former DOJ lawyer David Becker. He disputed that CEIR’s funds swayed the 2020 election. CEIR reported that 85 percent of the funds were used for paid media, while 11 percent were for direct mail and 4 percent were for communications activities.
Further details about what the media entailed weren’t provided. The general report bears some similarities to CTCL’s vagueness concerning the expenditures of its funds.
THREAD /1. Given some recent disinformation being pushed by the losing candidate, it's likely time we again post this full accounting/report, originally published in March, on the voter education grants @ElectionInnov offered in September of last year.https://t.co/uEwhnKKpa7
Arizona was one of 23 states to receive CEIR grants. The others were Connecticut, $2.1 million; Florida, $287,000; Georgia, $5.6 million; Illinois, $2.7 million; Iowa, $1 million; Kentucky, $1.6 million; Maryland, $575,000; Massachusetts, $200,000; Michigan, $12 million; Minnesota, $1.5 million; Missouri, $1.1 million; New Jersey, $6.1 million; New Mexico, $768,000; New York, $5 million; North Carolina, $1.1 million; Ohio, $1.1 million; Pennsylvania, $13.2 million; Rhode Island, $632,000; South Carolina, $1 million; Vermont, $312,000; and Washington, $405,000.
The Chan Zuckerberg Initiative hasn’t publicly announced any funds it gave, if any, for this recent election.
While serving in the Civil Rights Division Voting Section in the early 2000s, Becker enforced the Voting Rights Act. The DOJ acting head at the time, Brad Schlozman, told reporters in 2020 that Becker should’ve been disbarred for unethical behavior. Schlozman described Becker as a “hard-core leftist” who “couldn’t stand conservatives.” Becker didn’t dispute the claims against him for unethical behavior, but noted that they were dismissed.
There are heroes defending democracy all over the nation, from both parties. @jacksellers is one of them, along with his colleagues on the Maricopa County board (majority Republican) and D and R election officials throughout AZ. https://t.co/pZiEtNbX1T
Other election officials to receive CEIR’s award included election officials from Colorado, Florida, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, Wisconsin, and Philadelphia County, Pennsylvania. Other recipients of the award included lawyers from the Election Official Legal Defense Network, two former officials with the Cybersecurity and Infrastructure Security Agency, and two retired federal judges.
Two journalists also received the award: Reuters reporters Linda So and Jason Szep, for a series titled “Campaign of Fear: The Trump world’s assault on U.S. election workers.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
A locked door will no longer be a barrier to first responders assisting the elderly or those with special needs.
Earlier this month, the Phoenix City Council launched a program to provide lock boxes for the elderly and those with special needs. Without an access point like a lock box, first responders like firemen may be forced to break into homes to provide assistance, potentially breaking doors and damaging the property in the process.
Firefighters from @PHXFire & @ScottsdaleFire safely evacuated two elderly homeowners during a 2nd Alarm House Fire near 44th St & McDonald Dr. On arrival crews found heavy fire and smoke coming from the roofline of a large residential home. pic.twitter.com/14jZvAa0cT
The council members approved the program unanimously. The city will launch a pilot version of the program in District 1 prior to work out any challenges and hone in logistics.
Councilwoman Ann O’Brien explained that the program would prevent significant property damage from occurring to those requiring firemen assistance. It comes at no cost to the city.
Other cities such as Glendale and Scottsdale have already coordinated with private entities to roll out similar programs.
The Phoenix Realtors donated 100 lock boxes to establish the program, called the “Residential Lock Box Access Program.” The Phoenix Fire Department will oversee the program, maintaining a database of installations, ensuring the Phoenix Fire Regional Dispatch Center codifies the data in a premise alter for responding units.
Those interested in the lock box program may contact the Phoenix Fire Department’s Community Involvement Section.
#PHXPD800Patrol Officers were called to a check on an elderly man (85) who missed his Dr. appointment. When they arrived, they saw he had no electricity, no food, no AC, as well as seven dogs.
Fentanyl overdose kits are the latest among necessary school supplies for University of Arizona (UArizona) students.
Amid the burgeoning fentanyl crisis, Pima County supplied all 15 of the UArizona fraternity houses with fentanyl overdose treatment kits for the upcoming semester.
The county supplied the houses with Narcan kits as part of a year-long drive initiated by one of their Community Mental Health and Addiction interns, Aiden Pettit-Miller. UArizona’s Emergency Medical Services team and Interfraternity Council (IFC) also assisted.
Miller, a senior student at UArizona, says he launched the initiative after one of his high school friend’s roommates at Arizona State University (ASU) overdosed on fentanyl in 2020.
Narcan is the brand name for the medicine naloxone, and is also used to treat overdosing from other opioids: heroin, oxycodone (OxyContin), hydrocodone (Vicodin), codeine, and morphine. First responders rely on the treatment for suspected overdosing.
The Arizona Department of Health reports over 1,400 opioid deaths so far this year. AZDHS folds fentanyl-related deaths into the “RX/Synthetic” category, which includes “all other opioids” except heroin, such as oxycodone and hydrocodone. This year, the number of RX/Synthetic deaths is nearly 1,400 (97 percent).
In 2021, there were over 2,000 opioid deaths; just over 1,900 (94 percent) of deaths were RX/Synthetic. The fatality rate per 100,000 population dropped this year from 28 percent to 20 percent.
Amid the border crisis ushered in by the Biden administration, fentanyl deaths arose as the leading cause of death among adults aged 18 to 45 years old.
Teens accounted for 77 percent of adolescent overdose deaths last year. The demographic spike correlated with efforts by cartels to ply youth with the deadly drug, such as “rainbow fentanyl.”
Fentanyl became the subject of the Drug Enforcement Administration’s (DEA) first public safety alert in six years, issued last September. As part of their campaign to raise awareness about the deadliness of fentanyl, “One Pill Can Kill,” the DEA discovered that about 60 percent of fake prescription pills contain lethal doses of fentanyl. The discovery marked an increase from the 2021 average of 40 percent.
These fake pills are marketed and disguised to appear legitimate via social media and e-commerce platforms.
Did you know that 6 out 10 seized #fakepills contain a lethal dose of fentanyl? #fakepills seizures are up and our #DEAHouston Associate Lab Director for South Central Jamie Vasquez speaks on the fake pills seizures that come through the lab. #OPCKpic.twitter.com/SbAL0zQXpI
On college campuses like UArizona, victims of fentanyl overdosing range widely. The partygoer looking for a high and the student looking for extra focus are at equal risk. UArizona, along with ASU, ranks consistently as one of the top party schools in the nation, and Adderall is a popular go-to for students studying for exams or finishing hefty assignments. Both popular party drugs and study boosters may be obtained illicitly, and both are likely to contain deadly doses of fentanyl.
During finals do not risk it, do not buy any adderall from a “friend”, or social media it is likely a counterfeit pill with a lethal dose of fentanyl. pic.twitter.com/YnMoF8C4nY
UArizona is also looking to create an organization called “Fraternities Fighting Fentanyl” with their School of Public Health, the fraternities, and the student-run emergency medical service. The organization will hand out fentanyl test strips, Narcan, and educational pieces to students.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The Phoenix City Council approved $1.5 million to fund climate-change friendly urban farming, with up to 60 percent of grant money exclusively for Black, Indigenous, and People of Color (BIPOC). The grant term lasts up to five years.
The Biden administration prompted this program; they will fund it entirely, as part of their greater goal of equity. The city council revealed that the U.S. Department of Agriculture (USDA) selected Phoenix as a pilot location for this type of program.
In addition to creating jobs and innovating farming practices in an urban setting, the city will require farmers to “advance equity” in the food system, mitigate production and distribution-induced climate change, and adopt or expand upon sustainable food production or aggregation.
The deadline for the grant proposal passed earlier this month, Dec. 5. The city will announce grant recipients this coming spring.
In all, the USDA Farm Service Agency (FSA) may invest up to $43 million of American Rescue Plan Act (ARPA) into urban, underserved nonprofit or private farmers. Those classified as “underserved” include beginners, the socially disadvantaged, those with limited resources, and military veterans. The USDA will target areas where FSA hasn’t been present before to implement this funding, or Resilient and Sustainable Agriculture (RSA) grants.
The $43 million is the first portion of $75 million to “support a fairer food system” while expanding nutritional food accessibility and strengthening the crippled supply chain.
The FSA focus on urban farming expanded with the 2018 Farm Bill, which established the Office of Urban Agriculture and Innovative Production (UAIP). Over the past two years, the Biden administration’s USDA has allocated hundreds of millions in funding to urban, minority-focused initiatives.
The USDA has a county office committee devoted to urban agriculture in Phoenix, as well as in 16 other cities: Atlanta, Georgia; New Orleans, Louisiana; Minneapolis-St. Paul, Minnesota; St. Louis, Missouri; Albuquerque, New Mexico; Cleveland, Ohio; Portland, Oregon; Philadelphia, Pennsylvania; Dallas, Texas; Richmond, Virginia; Chicago, Illinois; New York, New York; Detroit, Michigan; Grand Rapids, Michigan; Los Angeles, California; and Oakland, California.
These FSA committees recently held their elections. The deadline for ballots was the same day as the deadline for Phoenix’s grant proposal. A total of 506 people voted in the last FSA committee election in 2019.
The newly elected county committee members take office on Jan. 1.
President Joe Biden appointed former Democratic congressional candidate Ginger Sykes Torres to serve as the State Executive Director for FSA Arizona at the beginning of this month. Sykes Torres formerly served as chair of Phoenix’s Urban Heat Island Tree and Shade Subcommittee
Honored to announce I’ve been appointed by @POTUS to serve as @USDA State Executive Director, Farm Service Agency, Arizona!!!
I’m truly humbled & excited to continue serving the people of our great state & country in this new role! https://t.co/xPKpleNpoM
