The Left’s Lawfare Subpoenas Against The Free Enterprise Club And Other Conservative Orgs Are A Direct Attack On Our First Amendment Rights

The Left’s Lawfare Subpoenas Against The Free Enterprise Club And Other Conservative Orgs Are A Direct Attack On Our First Amendment Rights

By the Arizona Free Enterprise Club |

The federal government and state governments across the country should be doing everything they can to ensure election integrity going forward. Over the past few years, the Arizona legislature has taken this to heart. But the Left has been fighting against every legitimate election reform that comes from conservatives. Not only are they filing lawsuits in court, but they’ve been deploying a new tactic that threatens the First Amendment.

Lawsuits Against Election Integrity Bills

In 2021, the Arizona legislature passed, and then-Governor Ducey signed into law SB 1485—a law designed to clean up Arizona’s early voter list. Then in 2022, state lawmakers followed that up with HB 2243 (to ensure regular voter list maintenance) and HB 2492 (to ensure that only U.S. citizens are voting in our elections).

These are commonsense laws that everyone should be able to get behind, but the Left gave up commonsense years ago…

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Biden Administration, Dark Left Money Network Using Courts To Get Private Docs From Conservatives

Biden Administration, Dark Left Money Network Using Courts To Get Private Docs From Conservatives

By Corinne Murdock |

The Biden administration and the dark left money network are demanding access to nonparty conservative organizations’ private documents in two lawsuits against election integrity laws requiring proof of citizenship and voter roll cleanups. 

In the case Mi Familia Vota v. Fontes (2:22-cv-00509) the Department of Justice (DOJ), Democratic National Committee (DNC), Arizona Democratic Party, and leftist dark money groups including: Mi Familia Vota, Living United For Change Arizona (LUCHA), and Voto Latino are challenging the election integrity bills HB2243 and HB2492. In the case Mi Familia Vota v. Fontes (2:21-cv-01423), the Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, League of Conservation Voters, LUCHA, Mi Familia Vota, and Arizona Coalition for Change are challenging SB1485.

Any individuals or organizations that aren’t party in a lawsuit are considered “nonparty.” Federal law allows for nonparty individuals and organizations to be brought into a case and be compelled to disclose evidence requested. In these cases challenging Arizona’s three election integrity laws, that means conservative organizations are being asked to hand over private documents, communications, legislative correspondence, lobbying strategy, and information on contributions and expenditures.

Those issued nonparty subpoenas include the Arizona Free Enterprise Club (AFEC) and the Republican Party of Arizona. No court has issued an injunction on the contested laws to date.

The Goldwater Institute is representing AFEC in their defense against the subpoenas. In a motion to quash the subpoenas, the organization argued that private opinions have no bearing on the validity of a challenged law, citing precedent set by Brnovich v. Democratic National Committee (2021), and that the subpoenas threaten the rights to free speech and privacy.

“The Supreme Court has stated time and again that individual legislators’ opinions about a statute reveal little or nothing about the law’s meaning and validity,” read the motion. “It is thus all the more true that the statements and opinions of private parties, several degrees removed from any official government action, have no bearing on the question of whether a state law is consistent with federal law.” 

The Heritage Foundation, a conservative think tank, declared in a report that the budding leftist practice of filing nonparty subpoenas against conservative individuals and organizations constitutes a weaponization of federal law to intimidate and silence conservatives. 

AFEC’s subpoena came from the Arizona Asian American Native Hawaiian and Pacific Islander for Equity Coalition (AZ AANHPI for Equity). While that organization argues for total transparency of its ideological opponent, it is shrouded in mystery itself.

AANHPI for Equity and AZ AANHPI Advocates have independent websites, social media pages, and staff, yet the pair are presented as one entity in multiple locations (for example, on the AZ AANHPI for Equity “about us” page). Both were founded in July 2020 by Jennifer Chau, who has served as the director for AZ AANHPI for Equity, an unspecified nonprofit, and executive director for AZ AANHPI Advocates, a 501(c)(4) nonprofit, since their inception according to her LinkedIn page.

According to the IRS, AZ AANHPI Advocates had its federal tax exempt status automatically revoked in mid-May for not filing any tax forms in the entire three years of its existence (EIN:85-2344934). The IRS issued its revocation posting earlier this month. No IRS records exist for AZ AANHPI for Equity.

Yet, both organizations’ websites continue to solicit donations and market themselves as nonprofits. The Arizona Corporation Commission (ACC) awarded AZ AANHPI Advocates good standing for its status as a nonprofit in mid-July as well. No ACC records exist for AZ AANHPI for Equity. 

On its website, AZ AANHPI Advocates discloses that it receives funding from top leftist dark money organizations The Future We Need and Arizona Wins!. The listed address for The Future We Need is the same address for the Arizona Education Association and Progress Now Arizona (now Progress Arizona); yet, no such organization as “The Future We Need” exists per ACC, the IRS, the Federal Election Commission (FEC), or the secretary of state’s campaign finance databases. There does exist a similarly-named dark left political action committee (PAC) entity, “The Future We Want.”

In their entire three years of advocacy and fundraising, only AZ AANHPI Advocates had any campaign finance records filed within the state: just one receipt of $10,000 from Invest in Arizona in August 2021, for “signature gathering.” According to the secretary of state’s campaign finance database, AZ AANHPI has never filed any reports on their contributions or expenditures. 

Invest in Arizona and Arizona Wins both had one top Democratic dark money handler in common: Dacey Montoya. (Gov. Katie Hobbs’ controversial former press secretary, Josselyn Berry, worked as the program manager for Arizona Wins from 2015 to 2016 and executive director for ProgressNow from 2016 to 2019; Hobbs’ gubernatorial campaign used the same mailing address as both organizations; and Montoya’s consulting firm was involved in both Hobbs’ secretary of state and gubernatorial campaigns). Montoya is now the treasurer for the organization behind the ballot initiative to legalize any and all abortion up to birth, Arizona for Abortion Access.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Biden Administration Sells Off Border Wall Parts Secretively, Preventing Its Completion

Biden Administration Sells Off Border Wall Parts Secretively, Preventing Its Completion

By Corinne Murdock |  

The Biden administration has been secretively selling the parts necessary to complete the border wall, with most of the materials originating around Red Rock, Arizona.

As reported first by Power Corridor (part of The Daily Upside), the Pentagon told the auction site GovPlanet to “aggressively market” about 12,000 border wall items without disclosing their origins with former President Donald Trump and their original purpose: to complete the southern border wall. 

Instead, the Pentagon instructed the auctioneer to obscure their activity from the public by using vague language when describing the border wall materials: “steel tubing and sticks for industrial construction.” GovPlanet later deleted an Instagram reel advertising the border wall materials after social media users recognized the listing for what it was, though the auction site listing remains.   

Power Corridor also reported that the Pentagon has never passed an audit, most recently unable to account for 61 percent, or $2.135 billion, of its $3.5 trillion in assets.  

The administration auctioned off 81 lots of steel border wall bollard panels for $2 million. These sales date back to April. This week, the government received $154,200 for 729 bollard panels. Another 13 will be auctioned off on Wednesday and Friday. The Pentagon takes the profits. 

The administration continues to sell off the critical border security components despite Congress’ apparent desire to complete the border wall.   

Last month, the Democrat-led Senate approved the Republican-led “Finish It Act” as part of its annual defense appropriations package. The Finish It Act was introduced independently in May by Republican Sens. Roger Wicker (MS), Ted Cruz (TX), and Joni Ernst (IA) before being folded into defense appropriations. The act would require the Department of Defense (DOD) to either use the unused border security materials to complete the border wall itself, or give the materials to the states so that they may finish the wall.   

According to GovPlanet data, the auction of the border wall materials picked up twice: first following the introduction of the Finish It Act, and second following the passage of the defense appropriations act. 

It appears that the Biden administration is attempting to get ahead of the anticipated House approval of the Senate’s defense appropriations package. While the president was criticizing Republicans publicly for cutting back on spending and, effectively, reducing the number of Border Patrol agents, his administration was busy getting rid of the infrastructure necessary for agents to ensure border security. 

Wicker introduced the Finish It Act approximately two months after asking the Biden administration to transfer the unused border wall materials to the southern states, citing the expense of $330 million to store and maintain the unused panels. The DOD gave over 1,700 unused bollard panels to Texas last February.  

The current rate of illegal immigrant crossings along the southwest border is on pace to overshadow the total for the 2022 fiscal year of 2.4 million. This time last year, there were over 1.94 million encounters. As of July, there were over 1.97 million encounters.   

Since Biden took office, there have been over 5.8 million illegal immigrant encounters at the southern border.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Arizonans Eligible For $1.03 Billion In Student Debt Relief

Arizonans Eligible For $1.03 Billion In Student Debt Relief

By Corinne Murdock |  

Arizonans are eligible to receive $1.03 billion in student debt relief, according to the latest estimates from the Biden administration.  

Arizona’s cut accounts for about 2.6 percent of the $39 billion issued for 804,000 total borrowers (an average of over $48,500 per borrower). In a press release, the Department of Education (ED) clarified that the billion-odd in funds applied to over 20,500 borrowers in Arizona. 

$1.03 billion for 20,500 borrowers averages about $50,200 per borrower: about $2,000 short of four years of in-state tuition at Arizona State University, $2,600 short of four years of in-state tuition at the University of Arizona, and $4,500 more than four years’ tuition at Northern Arizona University.   

The relief constitutes the 12th-highest award from the Biden administration. The 11 other states above Arizona, in order from highest to lowest award amount, were: Texas, Florida, California, Georgia, New York, Ohio, Illinois, Michigan, North Carolina, Pennsylvania, and Virginia.

In a statement, President Joe Biden said that the past mistakes of the federal government were to blame for individuals not paying their debts. Biden also said that Republican lawmakers were hypocritical and dismissive for rejecting his sweeping student loan forgiveness.  

“I have long said that college should be a ticket to the middle class — not a burden that weighs down on families for decades,” stated Biden.   

The federal relief comes from the Income-Driven Repayment (IDR) plans launched by the Biden administration. The IDR plans slash undergraduate loan payments in half and abolish payments for low-income borrowers. The Biden administration determines IDR plans based on discretionary income: the difference between annual income and 150 percent of the poverty guideline based on the borrower’s family size and state of residence. 

There are four possible IDR plans: Revised Pay As You Earn Repayment Plan (REPAYE) lasting 20 years for undergraduate loans only or 25 years for any graduate or professional loans, requiring 10 percent of discretionary income; Pay As You Earn Repayment Plan (PAYE) lasting 20 years, requiring 10 percent of discretionary income or a maximum based on the 10-year Standard Repayment Plan amount; Income-Based Repayment Plan (IBR), requiring 10 percent of discretionary income for new borrowers on or after July 1, 2014 and lasting 20 years, or 15 percent of discretionary income for older borrowers on or after July 1, 2014 and lasting 25 years, with both contingencies capped by the 10-year Standard Repayment Plan; and the Income-Contingent Repayment Plan (ICR) lasting 25 years, requiring 20 percent of discretionary income or projected payment on a repayment plan with a 12-year fixed payment adjusted to income. 

Even if borrowers don’t fully pay off their loan balance under their IDR plan, the federal government will forgive the remaining loan balance. ED will also count months of nonpayment based on certain criteria toward the total repayment period: economic hardship deferment, repayment under other plans, and required zero amount payment periods. Additionally, ED offers borrowers total forgiveness of any remaining balance after 10 years of payments, rather than 20 or 25 years, should the borrower participate in both an IDR plan and the Public Service Loan Forgiveness (PSLF) Program.

ED began notifying eligible borrowers of the relief earlier this month. The Biden administration has issued over $116 billion in student loan relief for three million borrowers: an average of $38,600 per borrower.   

That average is roughly several hundred dollars less than the average national total for four years of in-state tuition at a public college, and about equivalent to the average national total for just over one year of out-of-state tuition at a public college. 

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Maricopa Association Of Governments To Oversee $4.6 Billion For Emissions Reduction

Maricopa Association Of Governments To Oversee $4.6 Billion For Emissions Reduction

By Corinne Murdock |  

Maricopa Association of Governments (MAG) may oversee up to $4.6 billion in federal funding to implement emissions reduction plans.   

The billions cover the second of two phases required by the Environmental Protection Agency (EPA) under the Climate Pollution Reduction Grant (CPRG) Program. That phase concerns implementation grants for greenhouse gas emissions reduction policies, programs, and projects. The preceding phase covers planning grants for the development of regional climate plans.  

For phase one, the EPA gave Maricopa Association of Governments (MAG) a $1 million CPRG Program grant to serve as the lead planning organization for the Phoenix-Mesa-Chandler metropolitan statistical area. This grant requires MAG to develop a priority climate action plan due next March, comprehensive climate action plan due in 2025, and a status report due in 2027 after the four-year grant period expires.   

MAG accepted the $1 million during a meeting on Wednesday, amending their 2024-2025 Biennial Planning Work Program and Budget to do so.  

The priority climate action plan is a prerequisite for the $4.6 billion implementation grant. As part of this plan, MAG must issue a benefits analysis for how their plan produces the most significant benefits to low-income and disadvantaged communities, which the Biden administration refers to collectively as “LIDAC.”  

The EPA emphasized arranging all three CPRG plans around LIDACs. Tribes and territories won’t be required to include special LIDAC provisions in their plans.  

The EPA guidance on LIDACs explained that the equity lens for the CPRG funding constitutes a greater pledge by the Biden administration per the Justice40 Initiative to issue 40 percent of federal investments to those marginalized, underserved, or overburdened by pollution.   

LIDACs are determined by federally defined burdens concerning climate change, energy, health, housing, legacy pollution, transportation, water and wastewater, workforce development, low median income, and poverty. The agency recommended the use of the Biden administration’s Climate and Economic Justice Screening Tool (CEJST).  

The billions for energy and climate initiatives may address something advocated for greatly by Democratic leaders like Phoenix Mayor Kate Gallego and Rep. Ruben Gallego (D-AZ-03): extreme heat and urban heat island effects. The EPA cited both on page 8 of their LIDAC guidance.  

Public comment during Wednesday’s meeting largely represented opposition to the federal funding to implement net zero goals. Members of the public warned that such climate agendas would result in energy poverty tantamount to shortages and scarcity experienced in third-world countries.   

Last year, China permitted coal burning plants at the rate of two new plants every week. High costs with lower supply, as seen in Germany, which resulted in an energy crisis last winter that plummeted the population into the freezing winter temps.   

Members of the public also expressed concerns over the financial impact on taxpayers, citing woes faced by the taxpayers of neighboring California.   Despite all public comments expressing opposition during the meeting, MAG approved the EPA funding as one part of its consent agenda.  

The EPA received $5 billion for the CPRG Program through the Inflation Reduction Act (IRA): $250 million for noncompetitive planning grants, and $4.6 billion for competitive implementation grants.  

The White House issued a comprehensive, searchable guidebook on the IRA funding for “clean” energy and climate change initiatives. IRA funding to reorient the economy for “clean” energy totals around $369 billion.   

Of the planning grants, states received $156 million, local governments received $67 million, tribes received $25 million, and territories received $2 million. 

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.