by Corinne Murdock | Dec 20, 2023 | News
By Corinne Murdock |
On Tuesday the legal team for former GOP gubernatorial candidate, now Senate candidate, Kari Lake argued for the dismissal of Maricopa County Recorder Stephen Richer’s defamation lawsuit against her.
Richer filed his defamation lawsuit against Lake in June over her claims of his administration of the 2022 election. Lake filed a motion to dismiss in August.
In his amended complaint, Richer alleged that Lake had “falsely and with actual malice” accused him of intentionally printing improperly-sized ballots and inserting 300,000 illegal or invalid early-vote ballots during his administration of the 2022 general election. Richer said that the accusations have caused him and his family real harm, including threats of violence and death.
Lake’s motion to dismiss argued that she voiced legitimate concerns about the 2022 election, and that Richer’s lawsuit amounted to retaliation following two failed attempts at obtaining sanctions against her. In those denied requests for sanctions, Maricopa County Superior Court found that Lake’s claims weren’t groundless or brought forth in bad faith.
“The types of statements that Recorder Richer complains of are the types of statements directly related to his job performance that political foes and constituents critical of elected officials ordinarily make,” read the motion.
During Tuesday’s arguments in the Maricopa County Superior Court, one of Richer’s attorneys, Cameron Kistler, said that Lake’s speech wasn’t hyperbole, but a statement of facts.
“She’s making statements where she’s asserting these are actual facts that happened in the world, these are actual accusations of falsifiable criminal conduct,” said Kistler.
Jen Wright, the former assistant attorney general serving on Lake’s team, countered that Lake did believe her speech to be true based on the facts at hand: the county’s admission that there were ballots that lacked chain of custody, and that printer problems did occur for some, still unknown reason.
“I don’t think it’s a question of fact as to whether or not the printers malfunctioned, it’s a question of opinion as to how they characterized them,” said Wright.
Richer accused Lake of issuing dozens of defamatory statements.
Jessica Banks-McDowell, an Arizona State University (ASU) law student on Lake’s team, said that court precedent clarifies that Richer’s intent via his filings is to stifle Lake’s speech. ASU’s First Amendment Clinic signed onto Lake’s defense.
“There is very clear intent of his motivation to deter, retaliate against, or prevent Kari Lake’s lawful speech,” said Banks-McDowell.
Richer seeks an injunction that would force Lake to delete the allegedly defamatory statements.
Banks-McDowell further argued that Richer hadn’t met the burden of proving defamation occurred as required by A.R.S. 12-751, Arizona’s anti-SLAPP (Strategic Lawsuit Against Public Participation) law.
Kistler said that the anti-SLAPP law didn’t apply here because Lake’s team didn’t provide evidence to prove Lake’s disputed statements as true.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Dec 19, 2023 | News
By Corinne Murdock |
State Rep. Alex Kolodin (R-LD03) and Allyson Miller, former Pima County supervisor, filed a bar complaint against the Cochise County attorney, Brian McIntyre, on Monday.
Kolodin and Miller accused McIntyre of violating Rule 1.6, attorney-client privilege, for revealing privileged advice given to the Cochise County Board of Supervisors in connection with handling the 2022 election results.
The board considered a post-election hand count audit last year; during a public meeting, McIntyre revealed that he’d advised the board against the audit. Kolodin and Miller said the revelation amounted to a violation of attorney-client privilege.
Following the lawsuit against the supervisors — his clients — over the audit, McIntyre also sent a letter to their counsel disclosing a list of laws he believed the supervisors potentially violated. Kolodin and Miller asserted that McIntyre’s letter was unnecessary, crafted in a way to provide legal analysis, and used by the media to the detriment of the supervisors.
For these actions, the pair also accused McIntyre of violating Rules 1.1, requiring competent representation of a client; 1.7, 1.8, and 1.9, prohibiting conflict of interest; and 3.8(f), requiring behavior to promote public confidence in the integrity and impartiality of the legal system.
“It is time for equal justice under law,” posted Kolodin on X.
The complaint comes shortly after the bar put Kolodin on 18 months of probation for representing those challenging the 2020 election results. The State Grand Jury indicted Cochise County Supervisors Peggy Judd and Tom Crosby last month over the 2022 audit controversy, which resulted in a delay of the statewide canvass.
Kolodin says he filed the complaint in order to ensure the equal application of ethical standards, regardless of political alignment.
In a statement to AZ Free News, Kolodin said that McIntyre’s actions were deserving of scrutiny and, if applicable, discipline.
“Equal justice under law is a foundational legal principle,” said Kolodin. “Regardless of the policy preferences we advocate for, the law must be fairly and neutrally applied.”
Miller told AZ Free News that McIntyre should’ve done better to protect the supervisors by handling privileged legal information through an executive session. Miller opined that McIntyre abandoned the supervisors.
“He doesn’t have a right to be a judge,” said Miller.
The former supervisor also asserted that Judd and Crosby abided by the statutory deadline on canvassing, since they certified on Dec. 1 and state law imposes a deadline of the fourth Monday following the general election — or, Dec. 5 — for certification. The statute also allows for the canvass to be postponed “from day to day” for up to 30 days from Election Day until all counties submit their canvasses.
“If the official canvass of any county has not been received on the fourth Monday following the general election, the canvass shall be postponed from day to day, not to exceed thirty days from the date of the election, until canvasses from all counties are received,” reads A.R.S. 16-648(c).
Miller said she felt every official in the state should sign onto their complaint, surmising that McIntyre’s actions set a dangerous precedent for counsel to undermine officials based on political reasons.
“You have a right to be represented in the discharge of your duty,” said Miller.
Kolodin and Miller’s bar complaint prompted a flurry of online commentary from Rep. Paul Gosar (R-AZ-09), who applauded the bar complaint against McIntyre. Gosar pointed out that no Democrat-aligned lawyers were sanctioned under 2000 or 2016 election challenges.
Gosar portrayed Kolodin as one of a class of lawyers punished for representing causes and individuals “disfavored by the regime,” a hallmark of autocracy according to the congressman.
“This form of oppression is well documented by autocrats desperate [to] stop any challenge [to] their legitimacy,” said Kolodin.
State Sen. Wendy Rogers (R-LD07) characterized the bar complaint as an effort to fight back against a disparate system of justice.
“The sword cuts both ways,” said Rogers. “Not taking it lying down anymore.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Dec 19, 2023 | Education, News
By Corinne Murdock |
Arizona State University’s (ASU) former information technology (IT) manager was indicted for embezzling over $124,000 from the institution over the course of over four years.
According to the auditor general, ASU leadership was partially at fault for the embezzlement.
Carlos Urrea, ASU’s former University Technology Officer (UTO) manager, allegedly embezzled the money through unauthorized personal purchases using his ASU purchase card. (The UTO is now the Enterprise Technology Office). ASU reported their findings on Urrea to the auditor general for further investigation.
In a report published last Friday, the auditor general found that Urrea used his purchase card to make over 800 personal purchases amounting to over $124,000. Urrea then attempted to conceal the purchases using over 700 forged receipts and falsified the business purpose descriptions to make them appear as if they were for valid ASU purposes.
According to the auditor general report, an ASU audit in December 2021 revealed discrepancies between Urrea’s receipts and the issuing bank’s line-item details of the purchases. Urrea reportedly refused to comply repeatedly with further auditory efforts by the university. At the time, ASU found over $95,000 of unauthorized personal purchases made by Urrea.
Upon further investigation by the auditor general, the amount Urrea allegedly embezzled grew by over $28,000.
Among those unauthorized purchases were gift cards, including $11,000 in Costco Shop cards; electronics and accessories, including 10 smart watches; household items and furniture, including two Christmas trees; appliances, including a washer and dryer; gaming products, including 12 gaming consoles; fitness and recreation items, including a treadmill and a rowing machine; and warranties.
The auditor general reported that Urrea admitted to using the ASU purchase card for personal purchases. Urrea told the auditor general team that he used ASU’s Adobe Acrobat Editor software to alter his personal purchase receipts in PDF format.
Urrea also reportedly called his actions “very dumb,” and characterized the purchases as his means of providing for his family.
According to the State Press salary database for ASU, Urrea made $45,000 in 2016, $75,000 in 2017, $77,250 in 2018, $92,700 in 2019, $100,116 in 2020, and $106,000 in 2021.
According to the auditor general, ASU revealed that its executive administration officials allowed Urrea to bypass appropriate university policies and procedures for purchase cards so that Urrea could either provide immediate IT-related equipment or maintain his support for senior leadership. As a result, Urrea was exempted from engaging in the procurement process, obtaining prior purchase approval, submitting detailed business purpose descriptions for purchases, submitting receipts on time, and bypassing restricted spending protocols when receipts were submitted late.
“Mr. Urrea was able to make and conceal his personal p-card purchases because management allowed him to: use his p-card instead of procurement process on the pretext of providing immediate support to senior leadership, make p-card purchases without seeking prior approval, submit vague business purposes, [and] submit p-card receipts 2-3 months late without restricting his p-card spending to $1 in accordance with policy,” stated the report.
The auditor general noted that ASU modified its purchase card policy by requiring executive administration adherence where possible, or requiring the business team — not individuals — to make purchases where not possible.
The Maricopa County Attorney’s Office passed on the auditor general’s findings to the Maricopa County Superior Court Grand Jury. The latter indicted Urrea on 14 felony counts of theft, misuse of public monies, fraudulent schemes, and forgery.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Dec 17, 2023 | News
By Corinne Murdock |
Three of Arizona’s Democratic state lawmakers convened for a strategy session on gun control with Vice President Kamala Harris on Wednesday.
State Reps. Jennifer Longdon (D-LD05), Analise Ortiz (D-LD24), and Stephanie Stahl Hamilton (D-LD21) were invited to participate in the Biden administration’s inaugural Office of Gun Violence Prevention (OGVP) and Safer States Agenda. The trio declared in a press release that gun violence constituted a public health crisis that required immediate intervention.
“Despite overwhelming public support to act, Republicans in the legislative majority have consistently refused to hear any efforts to reduce gun violence,” said the trio. “Reps. Ortiz, Longdon and Stahl Hamilton said now is the time to redouble efforts to overcome Republican intransigence, not step back from a public health crisis.”
The Safer States Agenda proposed a series of progressive, state-led initiatives: establishing an office of gun violence prevention in every state; investing in community violence intervention programs; funding community policing initiatives; implementing lethal means safety measures such as off-site storage sites and Extreme Risk Protection Orders (also called “red flag laws”); establishing victims services and trauma recovery centers for gun violence survivors; establishing a gun violence crisis response team; implementing stricter firearm storage laws; requiring reporting of lost and stolen firearms; confiscating firearms from domestic abusers; requiring universal and enhanced background checks; banning assault weapons, high-capacity magazines, and ghost guns; requiring gun dealer licensing, recordkeeping, information sharing, and physical security; and end gun manufacturer’s immunity from liability.
President Joe Biden established OGVP in September and appointed Harris to oversee it. Ortiz, Longdon, and Stahl Hamilton were three among 100 state lawmakers from across the nation invited to strategize with OGVP.
After Wednesday’s meeting, Harris said that the proposed gun control measures wouldn’t conflict with the Second Amendment.
“It is a false choice to suggest that we have to choose between either upholding the Second Amendment or passing commonsense gun safety legislation,” said Harris. “Congress must have the courage to act, but until they do, the states must lead the way.”
The Department of Justice also published two model pieces of legislation to require stricter firearms storage and mandatory reporting of lost or stolen firearms.
The director of OGVP, Stefanie Feldman, was Biden’s longtime policy director dating back to the president’s first term as vice president under former President Barack Obama. While Donald Trump was president, Feldman served as the policy director for the Biden Institute.
One of the deputy directors of OGVP, Gregory Jackson, formerly directed the Community Justice Action Fund: a nonprofit focused on gun control and criminal justice reform, and a project of the dark money network offshoot, Tides Advocacy. The other deputy director, Rob Wilcox, formerly led federal policy for Everytown For Gun Safety, the gun control organization founded by major Democratic donor Michael Bloomberg.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Dec 17, 2023 | Economy, News
By Corinne Murdock |
Rep. Debbie Lesko’s office showed off this year’s Christmas decorations available to them due to “Bidenflation”: a single, plain sign poking fun at historic inflation rates.
“Due to Bidenflation all we could afford was this crummy sign,” read the sign, with a classic depiction of Charles Dickens’ Oliver Twist begging for more food with an empty bowl of porridge, next to a picture of a Christmas hat-wearing Biden pointing at Twist with the caption “I did that!”
Lesko explained in a post that “Bidenflation” had a detrimental impact on her office’s tradition of decorating for Christmas.
“It’s a long-standing tradition that the second floor of Longworth is decorated for Christmas,” said Lesko. “My staff and I wanted to participate, but with Bidenflation who can afford it?”
The Bureau of Labor Statistics (BLS) reported last month that the Consumer Price Index (CPI) of all items increased by 3.2 percent compared to last year, with food at about three percent higher, all other items at four percent higher, and energy down over five percent.
On Tuesday, the BLS confirmed a .1 percent increase in the CPI last month, noting that overall cost of living reflected in the shelter index offset the decline in the energy index.
The greatest increases occurred in the cost of meals eating out, medical care commodities (drugs, medical equipment, and supplies), and services less energy services including shelter and transportation.
Meals at home increased by 1.7 percent: cereals and bakery products increased by 3.4 percent; meats, poultry, fish, and eggs increased by .1 percent; dairy and related products decreased by 1.4 percent, fruits and vegetables increased by .4 percent, nonalcoholic beverages and beverage materials increased by 2.9 percent, and all other foods increased by 3.3 percent.
Eating out increased by 5.3 percent: full service meals and snacks increased by 4.3 percent, and limited services and meals increased by six percent.
Energy commodities decreased by 9.8 percent: gas decreased by 8.9 percent and fuel oil decreased by 24.8 percent. Energy services decreased by .1 percent: electricity increased by 3.4 percent, while utility gas decreased by 10.4 percent.
Commodities less food and energy commodities sustained their price levels: new vehicles increased by 1.3 percent, while used cars and trucks decreased by 3.8 percent; apparel increased by 1.1 percent; medical care commodities increased by five percent; alcoholic beverages increased by 2.9 percent; and tobacco and smoking products increased by 7.7 percent.
Services less energy services increased by 5.5 percent. Shelter increased by 6.5 percent, with rent of primary residence increased by 6.9 percent and owners’ equivalent rent of residences increased by 6.7 percent.
Transportation services increased by 10.1 percent: motor vehicle maintenance and repair increased by 8.5 percent, motor vehicle insurance increased by 19.2 percent, and airline fare decreased by 12.1 percent.
Medical care services decreased by .9 percent, with physicians’ services decreased by .7 percent and hospital services increased by 6.3 percent.
Under President Joe Biden, the CPI hit a four-decade high last June: a 9.1 percent increase.
Annual inflation rates under former President Donald Trump averaged out to 1.9 percent: 2.1 percent in 2017, 1.9 percent in 2018, 2.3 percent in 2019, and 1.4 percent in 2020. The average annual inflation rates under Biden — factoring in 2021, 2022, and the latest inflation rate from this year — sits at over 5.5 percent.
These increases translate to Arizonans having to spend tens of thousands of dollars more for everyday necessities on average.
A study released earlier this year found that the average Arizona household must spend over $13,300 more to maintain the same standard of living they had in January 2021 — the state with the third-highest averages, just after Utah and Colorado.
The Thanksgiving dinner table may have also looked different this year. This year’s annual American Farm Bureau reported an average cost of $61 for a basic 10-person Thanksgiving dinner, down three dollars from last year but still eight dollars higher than 2021.
The average gas price in Arizona is currently at about $3.30.
Biden administration officials indicated to reporters this week that they anticipate 2024 will bring a continued decline in inflation. The Federal Reserve didn’t modify interest rates on Wednesday; Chairman Jerome Powell indicated that they would cut them next year.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
