by Matthew Holloway | Oct 28, 2024 | News
By Matthew Holloway |
Charges against Rebekah Massie, the Surprise mother who was arrested while exercising her First Amendment rights at a city council meeting, were tossed out by North Valley Justice Court Judge Gerald Williams last week. As previously reported by AZ Free News, Massie was to be tried for trespassing after she criticized the Surprise City Attorney during a city council meeting. Judge Williams agreed when defense counsel moved that the trespassing charges against Massie be dismissed with prejudice, meaning they cannot be refiled, and called the charges “objectively outrageous.”
Massie’s attorney Bret Royle, explained, “Rebekah should never have been detained, let alone criminally charged, for speaking her mind. That’s the kind of thing that happens in tyrannical countries, but should never happen here. No American should face jail time for exercising their freedom of speech, and we’re relieved the court agreed.”
Just one day after hearing from attorneys representing Massie and the city, Judge Williams released a scorching three-page ruling, pointedly noting that the city has since rescinded the policy Massie was arrested under, which prohibited the public from criticizing city officials during council meetings.
He wrote in part, “No branch of any federal, state, or local government in this country should ever attempt to control the content of political speech.” He added, “In this case, the government did so in a manner that was objectively outrageous.”
“The Defendant should not have faced criminal prosecution once for expressing her political views,” Williams added. “The Court agrees that she should never face criminal prosecution, for expressing her political views on that date at that time, again.”
In the unusual case, Surprise city prosecutors recused themselves, citing a conflict of interest, and Massie’s charges were handled by the City of Phoenix Prosecutor’s Office. The Phoenix Prosecutors argued that the case should be dismissed without prejudice allowing the city to potentially re-file charges.
In court documents, Royle argued that the charges against Massie should be dismissed with prejudice based on a lack of evidence to support Massie’s arrest to begin with.
“Ms. Massie was not ‘remaining unlawfully’ as she was within her rights to remain in the chamber despite being asked to leave by Mayor Hall and Officer Shernicoff,” Royle told the court. In his ruling, Williams concurred, observing that Massie’s arrest, originating as it did from city council policy, regulated political speech and “would trigger scrutiny,” under constitutional legal analysis.
A lawsuit against the city by Massie, represented by FIRE is ongoing. In a press release from the FIRE, Massie said, “For more than two months I’ve been living with the threat of punishment and jail time — being taken away from my kids, even — for doing nothing more than criticizing the government. Free speech still matters in America, and I can’t tell you what a relief it is to have people on my side standing up for our rights with me.”
FIRE attorney Conor Fitzpatrick said in a statement, “This is an incredible win for Rebekah and an important message to government bureaucrats around the country that the First Amendment bows to no one. The fight goes on in Rebekah’s lawsuit against the City of Surprise, Mayor Hall, and Officer Schernicoff. We want to make it crystal clear to governments across the United States that brazenly censoring people and betraying the First Amendment comes with a cost.”
As recently reported by AZ Free News, KFYI’s James T. Harris released internal video he obtained of Surprise Police Chief Benny Piña seeming to defend Massie’s arrest, telling officers, “What happened last week in a council meeting resulted in what I think everybody in the world is calling an illegal arrest and a violation of someone’s First Amendment rights. That’s clearly not what we’re about, and that’s not what happened.”
In a statement emailed to AZ Free News after Judge William’s ruling, FIRE attorney Adam Steinbaugh said, “The police chief says their conduct exemplifies the ‘mission’ and ‘philosophy’ of the Surprise Police Department. A judge said their conduct was ‘objectively outrageous.’ We agree with the judge, and the Surprise Police Department should do some soul-searching.”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Matthew Holloway | Oct 28, 2024 | News
By Matthew Holloway |
Arizona Supreme Court Justice Clint Bolick responded to a formal complaint against him to the Commission on Judicial Conduct from Save Our Schools Arizona (SOSAZ) regarding comments he’s made while campaigning for retention in the 2024 Election. Justice Bolick summarized his response in three words before addressing it more fully: “Bring it on.”
In a press release, SOSAZ claimed that Justice Bolick’s comments at a campaign event covered by Politico violate “several provisions of the Arizona Code of Judicial Conduct.” The group suggested that his speech at a Pentecostal Church in Sun City stating he would continue “fighting for conservative principles,” while standing near a cardboard cutout of President Donald Trump, breached public confidence in his “independence, impartiality, integrity, and competence.”
The activist group wrote, “SOSAZ’s written complaint asserts that Justice Bolick’s active campaigning at a Republican Party event violates several provisions of the Arizona Code of Judicial Conduct, which states that judges ‘should aspire at all times to conduct that ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence.’ Justice Bolick’s appearance and comments at this Republican Party meeting certainly do not meet this standard, and we should expect better of our judges, especially those sitting on the state’s highest court.”
Speaking with KJZZ, SOSAZ Executive Director Beth Lewis told the outlet, “It’s not impartial and judges really do need to act with impartiality at all times.”
“Bolick has politicized the courts. It’s also been shown in his decisions, which are directly related to our work at Save Our Schools Arizona,” Lewis claimed. “His ideologically-based decisions have directly impacted our ability to fund our schools for many years.”
SOSAZ is running an extensive “do not retain” campaign against retaining Justice Bolick and fellow Justice Kathryn King. Bolick and King are the only two Supreme Court Justices facing retention votes this year. According to the Arizona Commission on Judicial Performance Review, both Bolick and King received extremely high marks to meet the standards on the merits of their decisions.
In an email statement obtained by AZ Free News, Bolick responded to SOSAZ’s complaint:
“A political organization that is opposed to my retention as an Arizona Supreme Court justice has reportedly filed a judicial ethics complaint against me. My response: Bring it on.
I have spent much of my career as a lawyer and judge defending and protecting free-speech rights. I am glad to have the chance to stand up for my own and other judges’ free-speech rights.
Judges necessarily enjoy fewer free-speech rights than others. But we have the right to forcefully defend ourselves against an unprecedented campaign to replace judges solely for political reasons.
In doing so, I adhere meticulously to judicial ethics rules. Judges cannot endorse candidates for office, and I do not (not even my wife). Judges cannot ask for money to support their campaigns, and I do not. Judges may not talk about pending cases or issues that may come before the Court, and I do not. In short, we are forced to ‘campaign’ with one arm tied behind our backs. Our opponents have no such restraints.
The rules do allow us to speak at partisan events, although we cannot serve as party officers and cannot endorse candidates. That is no problem for me, as I have been a registered independent for more than two decades and am the only independent to ever serve on the Court. Since the campaign to remove Justice Kathryn King and me from the Court, I have spoken at both partisan and nonpartisan events.
During the retention campaign, I feel like I spend half my time defending against liberal critics over judicial opinions they do not like, and the other half against conservative critics of opinions they do not like. My colleagues and I were ‘censured’ by the Maricopa County Republican Party executive committee for voting against their wishes in election cases. As a judge committed to the rule of law, I see criticisms from both sides as a badge of honor.
The group’s news release makes clear this is about politics, not judicial ethics. Its executive director, Beth Lewis, tweeted that her vote against me was ‘personal,’ ‘gleeful anger,’ and ‘revenge.’ Filing a judicial ethics complaint for ‘revenge’ is an abuse of process.
But I hope they will pursue it even after the election because we need a clear precedent protecting the free-speech rights of judges to defend themselves, and I will be proud to have my name in the caption.
-Clint Bolick
One minor factual correction in the complaint: I was the last justice appointed to a five-member Court, which later was expanded to seven.”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Staff Reporter | Oct 27, 2024 | News
By Staff Reporter |
The Phoenix Police Department (PPD) is being sued over its failure to release records that allegedly reveal additional wrongdoing by former officer and Democratic nominee for Maricopa County Sheriff, Tyler Kamp.
Multiple media reports have emerged on the sexual harassment complaints and reprimands for misconduct that Kamp received while employed with PPD.
Kamp’s past misconduct included a city investigation which found that Kamp sexually harassed a rookie female police officer via text in 2020 and in his last year on the force in 2021, though he was never disciplined since the investigation took place after he retired from the department. In 2014, Kamp was suspended for a day for breaching a confidential law enforcement database for personal use. Arizona law classifies unauthorized access to criminal history as a class six felony. In 2013, Kamp was punished for repeatedly using a city vehicle for personal use.
The unreleased records sought may provide more background on Kamp’s past — and now they’re being fought over in court.
Maricopa County voter Brian Anderson filed a request for those records on Kamp back in March. When PPD failed to return the records after five months, Anderson had an attorney send PPD a demand letter. In response to that letter, PPD said it would produce the records by mid-September. After PPD failed to produce those records, Anderson filed a lawsuit in court.
“Defendant’s failure to disclose Mr. Kemp’s [sic] personnel records before the Primary Election has already resulted in the public not knowing possibly important matters of concern that the public should have knowledge of before voting at the General Election,” read one court filing.
The records sought on Kamp seek to corroborate rumors and allegations that Kamp engaged in sexual acts with a civilian in a patrol car while on duty, engaged in sexual acts in the stairwell of PPD headquarters, and committed other sexual harassment and stalking incidents in addition to those publicized by local media. These claims made their way into the September debate between Kamp and his Republican opponent, Jerry Sheridan (who was the second in command under former Sheriff Joe Arpaio).
Although it is unclear why PPD refuses to release the records, there are some who would stand to benefit.
Phoenix City Councilman Kevin Robinson was Kamp’s supervising officer and the assistant chief at PPD, and currently serves as his campaign chairman. In the press release announcing Kamp’s run, Robinson offered praise for his former subordinate.
“I have known Tyler for many years, going back to our time working in law enforcement together,” said Robinson. “He will bring extensive law enforcement and management experience to the role, and ensure a leadership grounded in integrity, accountability and a deep commitment to serving the community.”
In the recent past, MCSO chief deputies have made over $200,000.
On Tuesday, PPD and Anderson convened in court briefly and were scheduled for a full hearing next week.
Kamp, formerly a Republican, switched parties last December to run as a Democrat. Kamp’s platform includes building on the work of Democratic Sheriff Paul Penzone, which includes more restorative justice rather than incarceration — though the county sheriff has no role in prosecution or sentencing. Some have criticized restorative justice as a “soft-on-crime” approach for practices such as having offenders apologize to victims in exchange for lighter sentencing or parole. Restorative justice is often implemented in high-crime cities like Los Angeles and Chicago.
Kamp also proposes establishing a task force for crime trends, a cross-agency task force, more hiring incentives like bonuses and continuing educational support, and bringing an end to the Melendres Court Orders.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by Daniel Stefanski | Oct 27, 2024 | News
By Daniel Stefanksi |
Two Arizona Republicans are challenging the Environmental Protection Agency’s (EPA) increased regulation on energy policies affecting many Americans and Arizonans.
Last week, Arizona Senate President Warren Petersen and House Speaker Ben Toma joined a coalition of states and private parties in an amicus brief to the U.S. Court of Appeals for the District of Columbia Circuit in Nebraska v. Environmental Protection Agency. The petitioners are challenging the EPA’s final rule, “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3.”
According to the press release issued by the State Senate Republican Caucus, this newly enacted standard by the EPA would “require by 2032 nearly 70% of all new vehicles and 25% of all new semitrucks or similar heavy-duty vehicles sold in the United States to be electric, guaranteeing to raise the costs of everything Arizonans purchase, and without adequate charging infrastructure in place or the necessary power grid capacity to accommodate the transition.”
In the brief, the coalition argues that “under the Major Questions Doctrine, EPA lacks statutory authority to effectively mandate electric vehicles,” that “EPA lacks statutory authority to set standards that can be met only by averaging in electric vehicles,” and that “EPA’s rule is arbitrary and capricious.”
“Our federal government does not have the power to mandate electric vehicles, and their actions show just how out of touch the Biden-Harris Administration is by creating costly policies that will inflict more financial pain on our citizens who have already been burned by skyrocketing costs over the past three-and-a-half years,” said Senate President Warren Petersen. “The EPA egregiously overstepped its authority with these arbitrary rules, and the negative impact of forcing industries that every American consumer depends on, to make unreasonable and unattainable changes, will be detrimental to our economy. The Arizona Legislature will continue to hold this Administration accountable and defend our citizens from this big government negligence.”
“Hardworking Americans are hurting enough as it is from soaring inflation caused by the Biden-Harris Administration,” said Senator Frank Carroll, vice chairman of the Senate Committee on Transportation, Technology & Missing Children. “The last thing we need is for this Administration to prioritize expensive and scientifically baseless polices all in the name of a radical climate change agenda from Democrats that imposes unattainable goals, which will lead to soaring consumer prices. The average working-class citizen or trucking business will cripple under these mandates and the cost of just about every basic essential will increase exponentially.”
The coalition writes, “As in West Virginia, EPA cannot unilaterally reshape the energy and transportation sectors by reimagining its statutory authority. Heavy-duty vehicles transport city commuters, move consumer goods across the country, remove refuse, and harvest our food. The question of whether and how internal-combustion-engine heavy-duty vehicles should be phased out in favor of electric vehicles is hugely consequential: It involves millions of jobs, the restructuring of entire industries, and the Nation’s energy independence. If the federal government is going to require that major shift, then a Congress accountable to the American public must say so. It has not.”
Over the past two years, Petersen and Toma have led a prolific defense of state and federal laws against the Democrat administrations in both the Arizona Governor’s Office and the White House. The lawmakers have long had their sights on the Biden Administration’s environmental and energy policies that have threatened to overhaul the country’s systems.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Oct 27, 2024 | News
By Daniel Stefanski |
A new poll shows that former President Donald J. Trump is maintaining his lead in the Grand Canyon State with less than two weeks until the pivotal General Election.
InsiderAdvantage released the results of a survey of 800 likely voters, that had Trump leading his Democrat opponent, Vice President Kamala Harris, by three percent (50-47).
The Republican nominee for President leads Harris with Male voters (53.6-42.2), White voters (50.3-45.8), Hispanic voters (50.2-48.6), and Independent voters (49.5-43.5).
According to the poll, when individuals were asked about how the majority of their neighbors would vote in the race for President, almost half (47.7) responded that those around them would vote for Trump. Only 23.1% believe that their neighbors would vote for Harris.
President Trump is leading Harris in the RealClearPolitics polling average for Arizona, with a 1.8% spread with the results over the past month (49.1-47.3).
Arizona has proven to be a critical battleground state in the race for the White House, leading to the candidates and their surrogates flooding the airwaves and campaigning repeatedly in the state during these presidential election years. Republican Vice-Presidential nominee, Senator J.D. Vance, was just in Arizona on Tuesday, stopping in Peoria and Tucson to rally support for his ticket. Trump was in Tempe on Thursday, making a curious pitstop in a region that is usually dominated by college and left-leaning voters. Another just-announced event by Trump and Tucker Carlson is for Glendale on October 31.
Democrats, led by Harris and her surrogates, have also barnstormed the state in recent weeks and months.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Matthew Holloway | Oct 26, 2024 | News
By Matthew Holloway |
Reporting released last week could redefine the border issue for Republicans and worsen already negative views of the Biden-Harris administration’s handling of border security. An internal memo from U.S. Customs and Border Protection (CBP) obtained by NBC News revealed that 30% of the multi-billion dollar border surveillance system is non-functional.
“Nearly one-third of the cameras in the Border Patrol’s primary surveillance system along the southern U.S. border are not working, according to an internal agency memo sent in early October,” NBC News reported.
“The large-scale outage affects roughly 150 of the 500 cameras perched on surveillance towers along the U.S.-Mexico border.” According to the outlet “severe technical problems,” have beset the networked camera system known as the Remote Video Surveillance System. Border Patrol officials who spoke anonymously cast the blame on outdated equipment and outstanding repair issues.
The system has been in operation since 2011 and was designed to “survey large areas without having to commit hundreds of agents in vehicles to perform the same function.” Two CBP officials told NBC that while some repairs were affected in early October, more than 150 repair orders are still outstanding and some areas of the border are still not visible to CBP surveillance as a result.
A CBP spokesman told the outlet that 300 new towers using more advanced technology have been installed along the border, but didn’t address the gaps described by the anonymous officials.
“CBP continues to install newer, more advanced technology that embrace artificial intelligence and machine learning to replace outdated systems, reducing the need to have agents working non-interdiction functions,” the CBP spokesman said.
As reported by Reason, spiraling costs began with a $1 billion outlay in 2010 that notably led to a 2017 GAO report filled with damning internal and external assessments “regarding the performance, cost, and schedule for implementing the systems,” that resulted in the cancellation of future installations of the SBInet systems.
In a similar accounting, the Electronic Frontier Foundation (EFF), addressing NBC News’ findings wrote, “U.S. Border Surveillance Towers Have Always Been Broken.”
EFF Director of Investigations Dave Maass wrote that the report is not a bombshell, but said, “What should actually be shocking is that Congressional leaders are acting shocked, like those who recently sent a letter about the towers to Department of Homeland Security (DHS) Secretary Alejandro Mayorkas. These revelations simply reiterate what people who have been watching border technology have known for decades: Surveillance at the U.S.-Mexico border is a wasteful endeavor that is ill-equipped to respond to an ill-defined problem.”
Maas referred to a 2021 study from the DHS Inspector General which indicated that the situation had not improved.
“CBP faced additional challenges that reduced the effectiveness of its existing technology. Border Patrol officials stated they had inadequate personnel to fully leverage surveillance technology or maintain current information technology systems and infrastructure on site. Further, we identified security vulnerabilities on some CBP servers and workstations not in compliance due to disagreement about the timeline for implementing DHS configuration management requirements.
CBP is not well-equipped to assess its technology effectiveness to respond to these deficiencies. CBP has been aware of this challenge since at least 2017 but lacks a standard process and accurate data to overcome it.
Overall, these deficiencies have limited CBP’s ability to detect and prevent the illegal entry of noncitizens who may pose threats to national security.”
A set of follow-up plans, the Arizona Border Surveillance Technology Plan and the Southwest Border Technology Plan, then came into effect priced at approximately $6 billion and were successfully combined into the Integrated Surveillance Towers network in 2022. But the integration of these systems has evidently had little effect. With Maas noting, “Border authorities and their supporters in Congress are continuing to promote unproven, AI-driven technologies as the latest remedy for years of failures, including the ones voiced in the memo obtained by NBC News.”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
