by Staff Reporter | Sep 18, 2024 | News
By Staff Reporter |
The Arizona District Court declined to assume jurisdiction in the prosecution of Mark Meadows for his role in attempting to overturn the 2020 election.
The court remanded the case back to the Maricopa County Superior Court. In the order issued on Monday, Judge John Tuchi said that Meadows’ actions concerning the 2020 election aren’t covered by the “color of office” afforded by his role as chief of staff to former President Donald Trump.
“The Court finds that Mr. Meadows fails to present good cause for his untimely filing of his Notice of Removal, and that in any event, an evaluation on the merits yields that he fails to demonstrate that the conduct charged in the state’s prosecution relates to his former color of office as Chief of Staff to the President,” wrote Tuchi.
An Arizona grand jury dropped felony indictments on Trump’s 2020 electors and their alleged conspirators, among them Meadows, earlier this year. Arizona Attorney General Kris Mayes accused the 18 indicted of participating in an organized “scheme” intending to “prevent the lawful transfer of the presidency.”
Mayes alleged that Meadows worked with members of the Trump campaign to coordinate and implement Arizona’s false Republican electors following the 2020 election. Meadows argued that his actions pertaining to the aftermath of the 2020 election were covered by his asserted official authority as chief of staff to the president. The district court disagreed, mainly due to Meadows’ lack of justification given for his argument.
“Indeed, rather than make any additional or alternative factual assertions to support his invocation of federal jurisdiction, Mr. Meadows simply quotes the State’s indictment verbatim,” wrote Tuchi. “Not only has Mr. Meadows not disputed any of the foregoing facts, but he has necessarily relied upon them. […] In other words, this is not a case in which opposing parties offer competing facts; rather, it is a case in which the parties offer competing characterizations of identical facts.”
Tuchi wrote that Meadows didn’t justify how his actions pertaining to the 2020 election fell under the proper scope and content of his job responsibilities as chief of staff, as Ninth Circuit precedent requires. Tuchi rejected Meadows’ characterization of his actions as a mere middleman of communication between the president and others.
“Contrary to Mr. Meadows’s assertions, the State has not indicted Mr. Meadows for merely facilitating communication to and from the President or for simply staying abreast of campaign goings-on. Instead, the State has indicted Mr. Meadows for allegedly orchestrating and participating in an illegal electioneering scheme,” wrote Tuchi. “To allow Mr. Meadows to recharacterize the State’s indictment at the level of generality that he seeks to do would be to vitiate both the federal officer removal statute and the Supreme Court precedent interpreting that statute, as every criminal prosecution of a federal officer will in some vague sense involve that officer’s staying ‘apprised of what is happening.’”
The court also rejected Meadows’ reasoning for his untimeliness in filing his notice of removal: his pursuit of an effort to convince the state to drop the charges against him, and his awaiting a Supreme Court decision in the case Trump v. United States that would lend to his immunity defense.
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by Staff Reporter | Sep 17, 2024 | Economy, News
By Staff Reporter |
An exclusive poll for AZ Free News conducted by Data Orbital shows that among likely voters in the November 2024 General Election, President Donald Trump holds a narrow edge on Vice President and Democrat-appointed nominee Kamala Harris. Taken between 9/7/2024 – 9/9/2024, the poll shows Trump leading by a margin of 0.2% with 46.2% of those polled against Harris’ 46%, with a 4.26% margin of error.
Remarkably, the poll shows approximately 7.7% of Arizona voters remain undecided or refused to answer and are theoretically up for grabs in the highly competitive swing-state race.
Speaking with AZ Free News, George Khalaf, President of Data Orbital, explained, “Independent voters are always going to be very close, so they were. It was still neck and neck depending on the survey. The results sort of oscillate in terms of who’s in the lead.”
“That 7.7% undecided number, I would say, is going to be one of two things: 1.) Either individuals that are saying that they are likely to vote but don’t end up voting or 2.) People that really are truly undecided. But I would be shocked if the true undecided number is in the high single digits,” explained Khalaf.
“I would guess that right now, the true percentage of people that are undecided is maybe one or two percent, if that. This is a high-profile race and so most people have made up their minds. But I think a portion of people that are undecided likely will not end up making a decision on November 5th,” Khalaf stated. “And even if they come out and vote, they may just not vote in the presidential election or will write in somebody random.”
When polled on the most important issues facing Arizona, 30.4% of the likely votes said “Economy, Inflation, Cost of living,” 28.7% selected the Border and Immigration, and at a distant third selection, 18.3% said “Abortion/Pro-Choice/Women’s Rights.”
Conversely, Gallup polling from as recently as August found nationally that Immigration dominated as the most important issue at 19% of those polled, followed by the economy overall at 18%, poor government/leadership at 16%, and High Cost of Living/Inflation at 15%. Abortion barely moved the needle at just 4%.
Given that the poll’s results pre-date the Tuesday Sep. 10th Presidential Debate, they do not represent potential changes in perception that followed. However, Rasmussen Reports has offered a more comprehensive dataset with polling through Sep. 12th posted to X on Friday showing Trump ahead by six points, with another six percent undecided.
Pollster Nate Silver has consistently shown Trump to be favored to win the election both before and after the debate with Trump’s electoral college probability, which ignores the popular vote unlike general polling, at 61% based on the outcome of 40,000 election model simulations.
Nate Silver’s latest result is an increase from the 60.6% probability on Sep. 12th and is only a slight dip from the high point on Sep. 8th at 63.8%.
As of this report, Polymarket projection has President Donald Trump favored to win Arizona 61-40% and has Harris leading nationally by just one point. The projection has been fluctuating between the candidates by 1-3 points on a daily basis, with Trump leading by two points as recently as Sep. 11th and tied at 49% on the tenth.
As far as potential shifts in public opinion before the election, Khalaf told AZ Free News, “I don’t think we’re likely to see a large shift. I just think that obviously we all know the limitations of public opinion polling. There is a margin of error. And so I think the race is going to stay consistently in that range, which means that on election day, that’s why people are still saying it’s a toss -up, even though, again, I would say I would give Arizona a lean towards former President Trump, but I don’t expect a big shift. I don’t think that there’s much that could occur.”
Addressing the Sunday attempt on President Donald Trump’s life, he added, “I mean, look, we saw another assassination attempt, or at least that’s what they’re saying right now. They’re investigating an attempted assassination, and even then we’re not even hearing about it nearly as much as the first attempt. And so all that’s to say, there’s just so much information out there. There’s so much information that people are consuming. I’d be shocked if there was a major shift. I think all of the swing states: Arizona is no different.”
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by Staff Reporter | Sep 15, 2024 | News
By Staff Reporter |
The Arizona Free Enterprise Club (AFEC) is demanding an investigation into an alleged misuse of taxpayer funds by Secretary of State Adrian Fontes.
AFEC published a press release on Tuesday accusing Fontes of misusing taxpayer funds by filing a “politically motivated” brief in the ongoing Arizona Supreme Court case, Smith v. Fontes. The organization also requested that Fontes recuse himself from all ballot tabulation procedures concerning the other initiatives.
“By filing his brief at the Arizona Supreme Court, Fontes unequivocally signaled his position that 40,000 duplicate signatures should be ignored and counted in favor of passing Proposition 140,” said AFEC in its press release. “In short, to Fontes, the ends justify the means to ensure that Arizona’s elections system can be operated like California’s radical system.”
AFEC and other critics compare the components within Proposition 140 to current election procedures exercised by California.
Proposition 140 seeks to remove the partisan split in primary voting — instead implementing open, or “jungle,” primaries — and determine winners using ranked-choice voting. Ranked-choice voting allows voters to rank their preferred candidates each election until one candidate accrues over 50 percent of the vote.
That claim of political motivation stems from Fontes’ role as a “team member” for the nonprofit organization (Save Democracy) supporting the political action committee (Make Elections Fair Arizona) pushing Proposition 140. Those two entities are also united by the involvement of Sarah Smallhouse as their president and treasurer, respectively: a longtime Democrat donor from Tucson who served as leadership for a University of Arizona board and the Southern Arizona Leadership Council.
Fontes’ brief petitioned the court to count any votes cast for Proposition 140, even if the ongoing review of the ballot-qualifying signatures determined that there weren’t enough signatures gathered. Fontes argued that the proposition should be considered valid since the ballots were already being printed with the contested proposition on them.
“Once the ballots have gone to print, it is in the hands of Arizona’s voters,” said Fontes. “The person contesting an issue (or candidate) can make a case to the voters, but the Courts cannot usurp the voters’ decision once it goes to them.”
AFEC sued to stop Proposition 140 earlier this summer after reportedly discovering that over half of the gathered signatures were in violation of state law — around 40,000 duplicates. Should all those alleged duplicate signatures be removed, the proposition would lack the number of signatures required to qualify for the ballot.
AFEC President Scot Mussi said in a statement that Fontes’ brief amounted to the secretary of state taking a side in a ballot measure rather than maintaining an impartial role in the elections process.
“Far from acting as a fair and impartial elections chief, Fontes has officially taken a side in a controversial measure that would be potentially on the ballot, showing Arizonans that he is using taxpayer dollars to make the case for a California-style amendment that would fundamentally transform the way we vote and select our candidates for public office,” said Mussi. “This is not saving democracy; this is trampling the will of the people and the laws that govern how elections should be executed.”
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by Staff Reporter | Sep 14, 2024 | News
By Staff Reporter |
Attorney General Kris Mayes has been asked to investigate the city of Surprise over its alleged violation of one citizen’s free speech rights.
Republican State Senator John Kavanagh sent a letter to Mayes on Tuesday requesting an investigation into the arrest of a Surprise citizen after criticizing the city attorney during a city council meeting last month. The arrested citizen, Rebekah Massie, sued the city of Surprise last week with the aid of Foundation for Individual Rights and Expression (FIRE).
Mayor Skip Hall, who ordered Massie’s removal, cited city policy prohibiting public comment from lodging any “charges or complaints” against city employees or elected officials.
State law requires the attorney general to investigate local governmental ordinances, regulations, orders, or other official actions alleged to be in violation of the state law or Arizona Constitution. Under this law, Mayes’ office would have to issue a written report of their findings within 30 days of receiving the investigation request.
In a press release, Kavanagh claimed that the city of Surprise had violated both state law and the Constitution with Massie’s arrest.
“In Arizona statutes, we have a provision that specifically says, ‘[a] public body may make an open call to the public during a public meeting, subject to reasonable time, place and manner restrictions, to allow individuals to address the public body on any issue within the jurisdiction of the public body,’” said Kavanagh. “Protecting freedom of speech, especially in public government settings, is incredibly important to our democracy. Regardless of where they stand, members of the public deserve the opportunity to voice their opinions and concerns to city leaders.”
Kavanagh’s letter to Mayes asked the attorney general’s office to investigate whether the city of Surprise’s policy restricting public speech by prohibiting complaints against city employees and elected officials violates the Arizona Constitution and state law governing public comment within public meetings.
Were Mayes to determine that the city of Surprise’s public comment policy violates state law or the Arizona Constitution, her office would provide notice to the city by mail of its violation and give the city a 30-day deadline to resolve the violation. Should the city fail to resolve the violation, Mayes would notify the state treasurer to withhold and redistribute state shared funds.
Or, were Mayes to determine that the city’s public comment policy may violate certain state law or the Arizona Constitution, the attorney general would file a special action in the state Supreme Court to seek a resolution. The court would then require the city to post a bond equal to the amount of state shared revenues paid to the city in the last six months.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by Staff Reporter | Sep 13, 2024 | News
By Staff Reporter |
With the election drawing near, Democratic congressional candidate Kirsten Engel is admitting more often that the situation at the border constitutes a crisis.
Engel initially denied the existence of any crisis at the border for several years after leaving the State Senate to launch her first congressional run in 2021. In a NOTUS article published on Monday, reporters took away from their interview with Engel that she maintained that same perspective until her campaign asked for a correction.
“She has refrained from calling the situation on the border a ‘crisis,’” read the initial reporting. “Engel told NOTUS she didn’t feel her own campaign was shifting much from her last run.”
The correction simply deleted that first statement and quoted to readers the opening line of an opinion piece she wrote for the Arizona Republic in February. However, the Engel campaign also maintained that she wasn’t shifting policy positions much from her first run.
“Arizona Democrat Kirsten Engel has referred to the situation at the border as a ‘crisis’ during her 2024 campaign,” read the correction. “This run, she’s emphasized how important issues at the border are repeatedly, penning an op-ed that said ‘for far too long, southern Arizona has shouldered the brunt of our nation’s border crisis.’”
As part of her last run, Engel signaled support for bringing an end to Title 42, which expelled illegal immigrants back to the country from which they entered the United States. These expulsions lasted from March 2020 and ended in May 2023 according to the Customs and Border Protection.
Engel said in 2022 that the massive uptick of illegal immigrants didn’t constitute a crisis.
Engel’s platform this go around mentions increasing manpower, technology, and security measures at the border. This part of her platform doesn’t mention building the last of the wall along the border, a security measure she criticized as outdated during her last campaign.
The bulk of that opinion piece criticized her opponent, incumbent Republican Juan Ciscomani, for refusing to back the $118 billion foreign aid bill which, in part, provided funding for the border ($20 billion). The main purpose of the bill was to provide additional funding for Ukraine — $60 billion — with the remainder allocated to other humanitarian aid and conflicts overseas.
Leading authorities on the border, such as the National Border Patrol Council, gave reluctant support for the foreign aid bill. That authority’s president, Brandon Judd, said that the Biden administration’s border policy had forced them to accept anything in the way of promising border security.
The $118 billion foreign aid bill was styled as a bipartisan bill because of its formation by independent Senator Kirsten Sinema, along with Republican Senators James Lankford of Oklahoma and Chris Murphy of Connecticut.
Ciscomani has made use of Engel’s repeated past denials of the border crisis in campaign material. The border is a top issue of concern for voters. A poll released last week by Noble Predictive Insights found that over half of voters (63 percent) supported increased border security measures, namely Proposition 314 — the “Immigration and Border Law Enforcement Measure” that would allow state and local law enforcement to arrest those who violate migration laws as well as allow state judges to issue deportation orders.
Unlike Engel, Ciscomani’s policy platform does advocate for building the remainder of the border wall. Ciscomani also supports ending the catch and release practice of illegal immigrants, ending the exploitation of parole authority, reinstating former President Donald Trump’s “Remain in Mexico” program, and expanding expedited removal authority.
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