by Corinne Murdock | Dec 29, 2022 | News
By Corinne Murdock |
On Wednesday, GOP gubernatorial candidate Kari Lake filed an appeal of her election lawsuit’s dismissal and the order to pay $33,000 to opponent Katie Hobbs for legal fees.
Lake’s lawsuit named Hobbs both personally and as secretary of state; Maricopa County Recorder Stephen Richer; the entire Maricopa County Board of Supervisors (BOS); and Maricopa County Elections Director Scott Jarrett.
In an interview with “War Room” founder and host Steve Bannon this past week, Lake claimed that the election was stolen from her by shadow figures bent on keeping cartels active, the border open, and inflation high. Lake said that Hobbs will merely be a “puppet” for these forces.
“The voters went to the ballot box in November because they’re fed up. The only way to stop me from stopping the cartels was to steal an election,” said Lake. “This state is going to go to hell in a handbasket if Katie Hobbs is allowed to take control.”
Lake further claimed that Hobbs was in on this alleged collusion
“Hobbs has absolutely no respect for the law. I can’t even believe she didn’t recuse herself from this botched election.” said Lake. “She didn’t even campaign, she didn’t debate, she hid from people, hid in her basement, had no policy, because she knew that she could rig the election and walk into office.”
Lake appealed to the Division 1 Court of Appeals. Lake has promised previously that she would take her case up to the Supreme Court if necessary.
READ THE NOTICE OF APPEAL HERE
The Maricopa County Superior Court dismissed Lake’s lawsuit on Christmas Eve. Maricopa County defendants and Hobbs filed for $696,000 collectively in sanctions on Monday. However, the court denied most of the sanctions on Tuesday, only awarding Hobbs’ team $33,000 in fees. Judge Peter Thompson clarified that Lake’s claims of election misconduct or fraud weren’t groundless or presented in bad faith, contrary to what Maricopa County argued in its sanctions request.
In response to the superior court’s dismissal, both Hobbs and BOS Chair Bill Gates issued press releases celebrating the win.
Hobbs campaign manager, Nicole Demont, issued a statement on her behalf. DeMont said that the judge affirmed what Arizona voters chose last month, not “the conspiracy-riddled, dark corners of the Internet” that voted for Lake. Hobbs earned over 1.28 million votes to Lake’s 1.27 million votes: a difference of 17,100 votes.
Gates said the ruling signaled a win for democracy. He stated that Lake’s lawsuit was a “made-for-TV tirade” absent any facts or evidence.
“Arizona courts have made it clear that frivolous political theater meant to undermine elections will not be tolerated,” wrote Gates.
Lake doesn’t appear to have the backing of some of the GOP’s national leadership. Embattled RNC Chair Ronna McDaniel told Newsmax that Lake lost because she ran a poor campaign, and that Arizona GOP Chair Kelli Ward also facilitated the loss.
“You had one candidate saying, ‘If you’re a McCain voter, get the hell out of my rallies.’ And then the McCain voters said, ‘Yeah, I’m not going to vote for you,” said McDaniel.
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 28, 2022 | Education, News
By Corinne Murdock |
Northern Arizona University (NAU) will offer illegal immigrant scholarships for the 2023-2024 academic year — even if they’re eligible for deportation. NAU partnered with TheDream.US, a scholarship program fund operated by the New Venture Fund: one nonprofit arm of the leading leftist dark money networks, Arabella Advisors.
The scholarships aren’t exclusively earmarked for Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) recipients. Any illegal immigrant that came to the U.S. before the age of 16 and before 2017 may apply for these scholarships.
In a statement, NAU President José Luis Cruz Rivera said that the scholarships aligned with their university’s goal to make higher education accessible to all students. Rivera credited the passage of Proposition 308 for affirming this move.
“Through this partnership, NAU will further the will of the people of Arizona as expressed in the passage of Proposition 308, which affords Arizona Dreamers with in-state tuition and provides an invaluable pathway to upward economic mobility and social impact,” said Rivera.
Arizona State University (ASU), Benedictine University, and Grand Canyon University (GCU) also partner with TheDream.US.
Prop 308 awards in-state college tuition to Dreamers; voters approved the measure narrowly, 51 to 49 percent. The proposition was backed by at least $1.2 million of out-of-state dark money networks.
TheDream.US reports that at least 1.3 million illegal immigrant youth are eligible for DACA. Of the approximately 98,000 who graduate from high school each year, the program estimated that only five to 10 percent (65,000 to 130,000) enroll in college on average.
Per AZ Free News past reporting, New Venture Fund (NVF) has initiatives outside of immigration reform advocacy. NVF launched the Fair Elections Center, which is behind the progressive elections reform activist project, Campus Vote Project (CVP).
In October, Secretary of State Katie Hobbs, now governor-elect, selected CVP Vice Chair Anusha Natarajan for the 2022 John Lewis Youth Leadership Award: a Barretts Honors College student, Andrew Goodman Fellow, and digital producer for the student newspaper at Arizona State University (ASU).
In 2020, Oscar Hernandez Ortiz — a DACA and TheDream.US scholarship recipient, strategist with the Arizona Bar Foundation, former fifth-grade teacher, Greater Phoenix Economic Council member, ASU graduate, former state legislature policy intern, and Arizona Department of Education Latinx Advisory Council member — wrote an Arizona Republic op-ed attacking the Trump administration’s efforts to end DACA. While at ASU, Ortiz founded the Undocumented Students for Education Equity, a resource hub for illegal immigrants.
NAU isn’t the only partner school for TheDream.US. The program lists over 80 “Partner Colleges.”
TheDream.US offers two scholarship types: the National Scholarship, which the program suggests for Arizona applicants, offers up to $16,500 for an associate degree and $33,000 for a bachelor’s degree; and the Opportunity Scholarship, which offers up to $80,000 for a bachelor’s degree to illegal immigrant students located in states without access to college because they either must pay out-of-state tuition or can’t gain admission to state universities. Applications close Feb. 28.
(Note: TheDream.US removed award amounts from its National Scholarship page earlier this year).
TheDream.US founders are: Don Graham, chairman of Graham Holdings Company (formerly The Washington Post), former director of Facebook, and former member of the Pulitzer Prize Board; Carlos Guitierrez, chairman and CEO of Empath, former chairman and CEO of Kellogg’s, and former Secretary of Commerce for the Bush administration; and Henry R. Muñoz III, former finance chairman for the Democratic National Committee.
Among senior staff at TheDream.US: its president Candy Marshall, the former chief human resources officer for the Bill & Melinda Gates Foundation; director Maria Gabriela Pacheco, who immigrated illegally to the U.S. as a child; communications manager Sadhana Singh, a recipient of DACA and a TheDream.US scholarship; program manager Melanny Buitron, a DACA recipient; data manager, and Camila Salkhov, a Dreamer.
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 28, 2022 | News
By Corinne Murdock |
The Maricopa County Superior Court denied most of the $696,000 sanctions requested against Kari Lake. Judge Peter Thompson clarified that Lake’s claims of election misconduct or fraud weren’t groundless or brought in bad faith.
“There is no doubt that each side believes firmly in its position with great conviction. The fact that Plaintiff failed to meet the burden of clear and convincing evidence required for each element of A.R.S. § 16-672 does not equate to a finding that her claims were, or were not, groundless and presented in bad faith,” wrote Thompson.
However, Thompson didn’t deny all of the sanctions. He did award Katie Hobbs $5,900 in her capacity as secretary of state for an expert witness, $22,400 in her capacity as governor-elect for another expert witness, and another $4,700 in her capacity as governor-elect for 8 hours’ worth of ballot inspections. The total of over $33,000 comes with an annual interest rate of 7.5 percent.
Lake’s “War Room” team declared Thompson’s dismissal a win. They reaffirmed that they would appeal his ruling on the case.
Lake’s lawyers petitioned late Monday to have Maricopa County and Secretary of State Katie Hobbs’ collective $696,000 sanctions request dismissed entirely.
In their court filing, Lake’s attorneys said that the county’s sanctions request was a punishment for litigating the election. The attorneys stated that they presented over two hundred witnesses that testified to facts and alleged violations of law, which included specific numbers of allegedly illegal votes exceeding the 17,100 margin between Lake and Hobbs.
“[T]he issues raised before this Court were of significant concern to millions of Arizona voters as to the causes of chaos that arose on Election Day — and the administration of elections in Maricopa County generally — and Plaintiff’s claims deserved to be brought and heard,” stated Lake’s attorneys. “Trust in the election process is not furthered by punishing those who bring legitimate claims as Plaintiff did here.”
Lake’s attorneys further disputed Maricopa County’s claim that there wasn’t any evidence of intentional misconduct to change the election outcome. They cited the court’s acknowledgement in its ruling that evidence did exist — though Thompson determined that the evidence didn’t appear to affect the election outcome.
The attorneys also rehashed testimonies from Election Day Director Scott Jarrett and County Recorder Stephen Richer. They claimed that Jarrett walked back his initial denial of knowledge of 19-inch ballots being printed onto 20-inch paper, something that would render them unreadable by tabulators. They also claimed that Richer offered conflicting testimony concerning chain of custody: he at first stated that ballots were processed at the Maricopa County Tabulation and Election Center (MCTEC) before being counted at Runbeck, then later stated that ballots were counted at MCTEC and documented on chain of custody forms before being transferred to Runbeck for counting again.
The bulk of the sanctions fees came from the law firms tied to Democrat’s go-to litigator and principal Russiagate player, Marc Elias, who served Hobbs in her capacity as governor-elect. Hobbs requested over $457,000 for Elias’ law firm, Elias Law Group, and over $93,000 for Elias’ former firm, Perkins Coie. The two firms also requested nearly $56,700 for 16 hours of work. The firms noted that these definite fees for less than a day’s work don’t require a detailed review of invoices nor would they be subject to revision. In his denial of these sanctions, Thompson noted that itemization of costs were required pursuant to state law.
The firms also requested over $22,400 in definite fees for their expert witness, Kenneth Mayer, and nearly $4,700 for 8 hours of ballot inspections.
Lake claimed in a since-deleted tweet that Elias helped ghostwrite Judge Thompson’s ruling.
Maricopa County cited this claim as a justification for their sanctions request. In their counter to the sanctions request, Lake’s attorneys declared that her speech was constitutionally protected.
In her capacity as secretary of state, Hobbs requested nearly $37,000 for the services of Coppersmith Brockelman, a go-to law firm for Democrats whose partner, Roopali Desai, was appointed earlier this year to the Ninth Circuit Court of Appeals.
Maricopa County requested an incomplete portion to cover attorney’s fees: just over $25,000. Over $18,700 would go to the county attorney’s office, and just over $6,300 would go to outside counsel with the Burgess Law Group. The remainder of the fees are pending. The county noted that only their clerical workers could export time from their time-keeping systems into a spreadsheet, and that they weren’t willing to require their support staff to work on Christmas Eve or Christmas Day.
The Maricopa County Superior Court dismissed Lake’s lawsuit on Christmas Eve. Judge Thompson asserted that Lake’s team didn’t provide clear and convincing evidence of election misconduct or fraud. Lake promptly announced that she would appeal the ruling.
In their sanctions request, Maricopa County declared that Lake engaged in “unfounded attacks on elections” and brought forth “unwarranted accusations against elections officials.”
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 28, 2022 | News
By Corinne Murdock |
On Tuesday, Arizona succeeded in its effort to continue Title 42, a Trump-era activation of the policy enabling the rapid expulsion of illegal immigrants.
The Supreme Court (SCOTUS) on Tuesday blocked the D.C. District Court ruling last month ordering the Biden administration to lift Title 42 by Dec. 21. The policy will remain in place pending a hearing before the court on the question of whether states, including Arizona, may intervene to challenge the district court’s order.
Judge Emmet Sullivan, a Bush appointee, asserted that Trump’s initial implementation of Title 42 was unlawful. Although the Biden administration benefitted from the ruling, they appealed on Sullivan’s judgment of Trump’s use of Title 42.
Attorney General Mark Brnovich, who championed legal efforts to continue Title 42, said in a press release that this decision would ensure Americans’ safety where the Biden administration wouldn’t. Brnovich noted that Title 42 under the Biden and Trump administrations resulted in the expulsion of over 2.4 million immigrants.
“It’s disappointing [that] the Biden administration is willing to sacrifice the safety of American families for political purposes,” said Brnovich.
READ THE SCOTUS ORDER HERE
SCOTUS will fast-track the case for oral argument during its February session (Feb. 21 to March 1). Arizona and 18 other states petitioned SCOTUS last Monday to keep Title 42 in place, after the D.C. District Court denied their intervention.
One conservative-leaning justice, Neil Gorsuch, joined the liberal court’s opposition. Gorsuch wrote in his dissent, joined by Justice Ketanji Brown Jackson, that Title 42 should be done away with since the border crisis doesn’t quality as a “COVID crisis.” Justices Sonia Sotomayor and Elena Kagan also opposed the order, but didn’t join in Gorsuch’s dissent.
“[T]he emergency on which those orders were premised has long since lapsed,” wrote Gorsuch. “[The states] do not seriously dispute that the public-health justification undergirding the Title 42 orders has lapsed.”
Gorsuch rejected Arizona and the other states’ arguments that Title 42 should remain untouched since it was their only means of securing the border. He clarified that he found the states’ concerns about the border crisis valid, but repeated that Title 42 was meant only to curtail communicable diseases, not the other issues stemming from an unsecured border.
“[C]ourts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency. We are a court of law, not policymakers of last resort,” wrote Gorsuch.
READ THE DISSENT HERE
Title 42 of the Public Health Services Act has existed since 1944. The policy enables the Centers for Disease Control and Prevention the power to block illegal immigration into the U.S. to protect Americans from contagious diseases. This policy even applies to asylum seekers. Former President Donald Trump utilized the policy at the start of the COVID-19 pandemic.
A federal judge blocked the Biden administration from lifting Title 42 in May. However, requirements to keep the policy in place have curbed the border crisis little, with reports revealing that the Biden administration covertly subverts the policy regardless of court orders and public promises earlier this year.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Terri Jo Neff | Dec 27, 2022 | News
By Terri Jo Neff |
When video went viral this month of a Florida police officer needing three doses of Narcan after losing consciousness when exposed to fentanyl during a routine traffic stop, it renewed attention to the dangers the deadly drug poses to public safety and healthcare workers.
But protocols for handling fentanyl and other potentially toxic evidence are months from approved within Arizona’s judicial system, even though there are currently hundreds of ongoing fentanyl-related criminal cases in the state’s courts.
Court administrators and presiding judges across Arizona have expressed concerns about safety protocols since 2020 when the number of prosecutions involving the drug started to rise. But it was not until this June that Chief Justice Robert Brutinel of the Arizona Supreme Court established a taskforce to create guidelines for handling fentanyl and other toxic evidence in courthouses.
The Fentanyl and Toxic Evidence Taskforce was given a Dec. 31 deadline to file its report and recommendations. However, the 11 members of the taskforce notified Brutinel in November that they need more time.
As a result, the report’s deadline has been extended to March 31, 2023.
Guidelines are necessary, Brutinel noted in June, due to the “significant rise” of overdoses associated with fentanyl, as well as the corresponding rise in the number of cases in which fentanyl is part of the evidence against a defendant.
“Accordingly, there is the potential risk that the drug evidence and other toxic evidence in these cases will need to be handled in the courthouse,” the chief justice noted, adding that protocols for dealing with fentanyl exposure and for handling the drug is already developed for some industries. “There has been little guidance, however, issued for court personnel who may have to handle packaged evidence of fentanyl, carfentanil, their analogs, or other toxic evidence.”
The chief justice ordered the 2019 National Judicial Opioid Task Force guidelines be used by the taskforce as a reference to address several issues:
- Whether such drugs should be inspected and approved by designated court personnel before being allowed into a courthouse
- Whether these packaged drugs must always remain in the possession of law enforcement personnel, except by approval of the court
- Whether the drugs should ever be handled by court personnel or others during a judicial proceeding, such as attorneys, witnesses, court clerks, and jurors
- Whether such drugs should remain in a courthouse or court-related facility during non-business hours
- What safety policies should be established for the handling of fentanyl evidence
- Whether courthouse personnel should be trained to address possible exposure to fentanyl and other toxic evidence and to properly identify opioid toxicity
- Whether Naloxone (Narcan) should be kept in courthouses and other court-related facilities for emergencies and whether any court personnel should be trained in its administration.
One consideration for the taskforce is the need to balance safety concerns for court personnel and members of the public who may be exposed to the drugs during a judicial proceeding against the rights of defendants or even a victim in judicial proceedings to due process and a fair trial, Brutinel noted.
Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.
by Corinne Murdock | Dec 27, 2022 | News
By Corinne Murdock |
Under President Joe Biden, November’s border encounters marked another historic high. This also marks the sixth consecutive month of an increase in border encounters.
There were over 233,700 border encounters, of which over 204,100 (87 percent) were unique. Cuban and Nicaraguan migrants made up the excess: over 68,000 (35 percent) of unique encounters were from the two countries. Mexicans and North Central Americans accounted for over 58,500 (30 percent) of unique encounters, a 14 percent decrease from November 2021.
The all-time high in one single month under the Biden administration occurred in May with over 241,100 encounters.
That’s a four percent increase from last month.
Since Biden took office, there have been over 4.36 million border encounters. This excludes “gotaways.” At this rate, there could be over 9.3 million encounters by the end of Biden’s first term.
Single adults accounted for 67 percent (157,200) of this month’s encounters. This demographic yielded the greatest growth year-over-year under the Biden administration. These latest totals for single adult illegal immigrants is nearly equal to the entirety of single adult encounters for fiscal year 2020.
Unaccompanied minors accounted for five percent (13,100). Family units accounted for 27 percent (63,100); this total is greater than the entire 2020 fiscal year.
The Tucson and Yuma Sectors recorded over 3,100 drug seizures for November. That’s a high under the Biden administration, but a low compared to pre-pandemic numbers under the Trump administration.
It’s likely more record highs are on the horizon. According to Fox News correspondence with Customs and Border Protection (CBP), 87 percent of illegal immigrants encountered over Christmas weekend were released. Of the nearly 16,500 encounters, only about 2,100 were expelled under Title 42.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
