by Terri Jo Neff | Feb 6, 2022 | News
By Terri Jo Neff |
A federal judge has been asked to award damages to the chairwoman of the Arizona Republican Party and her husband for fighting a Congressional subpoena which seeks detailed data from four phone numbers assigned to the couple’s T-Mobile business account, including records of calls to and from their medical patients.
Last week Kelli and Michael Ward filed a federal lawsuit in an attempt to block a subpoena issued by the U.S. House Select Committee investigating the Jan. 6, 2021 attack in Washington DC. The subpoena demands T-Mobile turn over records for the period of Nov. 1, 2020 to Jan. 31, 2021 from an account in the name of Mole Medical Services P.C., a company owned by the Wards.
The Feb. 1 lawsuit filed in U.S. District Court seeks a court order declaring the Committee’s actions in issuing the subpoena violated federal law and Arizona law. It also seeks an order quashing the subpoena and enjoining T-Mobile from releasing any data to the Committee.
According to the Feb. 1 lawsuit, T-Mobile’s Legal and Emergency Response Team sent an advisory to Mole Medical Services after receiving the Jan. 19 subpoena. T-Mobile intended to comply with the subpoena on Feb. 4 unless provided proof by Feb. 2 of the filing of a motion for protective order, motion to quash, or other legal process “seeking to block compliance.”
The Committee has not commented on what drew their attention to the Wards or to their phone records, but the subpoena demands detailed records of incoming and outgoing calls—including call duration and associated phone numbers—as well as metadata, or call data records.
The lawsuit and motion to quash argues that U.S. Supreme Court precedent places the burden on the House Select Committee to justify the need for the information being sought. Instead, the subpoena is so broadly written that it substantially infringes on “the right to privacy” guaranteed under Arizona state law, the lawsuit argues.
The Wards were among the 11 Republicans whose names were listed on the 2020 General Election ballot as Arizona’s electors for then-President Donald Trump. Both also signed an “alternate” slate of Arizona electors which they hoped could be used on Jan. 6, 2021 instead of the 11 electors for now-President Joe Biden.
The lawsuit concedes Kelli and Michael Ward use their business account phones for personal calls, including political communications, but argues that the data which would be disclosed by T-Mobile does not relate to a sufficiently important government interest between the Wards and the Jan. 6 attack at the Capitol.
In addition, two of the four phone numbers associated with the targeted T-Mobile account are used by the couple’s children, according to the lawsuit. “Congressional investigators cannot possibly have any legitimate investigative interest in invading the personal privacy rights of the Wards’ children,” the filings state.
Several arguments against the subpoena center on the Wards’ work as medical professionals which is provided state and federal privileges of medical privacy and physician-client communications. The Committee has not addressed how it would limit the use or disclosure of confidential patient information that might be revealed if T-Mobile releases the demanded data, the lawsuit argues.
Kelli Ward is a practicing Doctor of Osteopathic Medicine who practices medicine exclusively in the field of medical weight loss. She uses a Health Insurance Portability and Accountability Act (HIPAA)-compliant videoconferencing system for telemedicine visits with her patients, although there are times she relies on her Mole Medical phone to speak with patients, the lawsuit states.
Michael Ward is also a practicing Doctor of Osteopathic Medicine who serves as medical director for an air ambulance company. He actively practices emergency medicine in Arizona, mostly in the Lake Havasu City area where the couple live in Mohave County.
“In certain circumstances, Michael Ward gives the Phone Number to patients to follow up on their questions, the status of their condition, and the state of the improvement of their health,” the lawsuit states, adding that the same number serves as a point of contact for Ward’s work for the air ambulance, which involves calls from emergency medical technicians and paramedics about patients.
The lawsuit which also names Rep. Bennie Thompson (D-Mississippi) in his official capacity as the Committee’s chairman calls into question whether the subpoena was properly issued by the Committee due to quorum issues as well as a House rule which requires the Committee’s members to “authorize” a subpoena.
The case has been assigned to U.S. Magistrate Judge James F. Metcalf. Each defendant will have 15 days to file a response once served with the Wards’ complaint and summons.
by Corinne Murdock | Jan 5, 2022 | News
By Corinne Murdock |
Ahead of the anniversary of January 6, the Arizona Democratic Party’s (ADP) tone concerning the fateful rally-turned-riot shifted from somber to opportunistic. The ADP sent out a fundraising email this week requesting $10 or more donations to flip voters like the January 6 incident did, they said.
The ADP informed recipients that over 20,000 Arizona voters switched from Republican to Democrat following the January 6 riot, which they referred to as an insurrection. They emphasized the importance of financing their grassroots efforts ahead of Thursday’s anniversary.
“Starting today, just before the one-year anniversary of the insurrection, we’re using our Project 15/30 organizing program to reach out to every single one of those 20,000. We want to thank them for their courage and for standing up for our democracy,” read the email. “Team, efforts like this show that through Project 15/30, we’re fighting for every single vote in AZ. But running special programs like this takes people and resources to work. Can you donate $10 today so voter outreach programs like this one are successful?”
Project 15/30 intends to increase voter registration and strengthen party numbers in the 15 counties and 30 legislative districts across Arizona. The ADP launched the initiative early last August.
ADP’s latest messaging conflicts with its previous rhetoric on the subject of the Capitol Hill riot. Throughout last year, the ADP honored the Capitol police officers that responded to the break-in.
“We will never forget the events that took place in our Capitol on January 6, 2021,” wrote the state affiliate. “We stand with the heroic officers who risked their lives.”
The ADP also called for the punishment of Congressman Andy Biggs (R-AZ-05) and Paul Gosar (R-AZ-04) repeatedly.
President Joe Biden plans to give an address on Thursday to commemorate last year’s riot. During the White House daily briefing on Wednesday, Press Secretary Jen Psaki promised that President Joe Biden would speak extensively on how former President Donald Trump was solely to blame for the January 6 riot.
“The president is going to speak to the truth of what happened, not the lies that some have spread since — and the peril opposed to rule of law and our system of democratic governance. He will also speak to the work that we need to strengthen our democracy and our institutions to reject the hatred and lies we saw on January 6 to unite our country. I’d also note that President Biden has been clear-eyed about the threat the former president represents to our democracy and how the former president works to undermine basic American values and rule of law. And President Biden has spoken repeatedly about how the president has abused his office, undermined the Constitution, and ignored his oath to the American people in an effort to amass more power for himself and his allies. He sees January 6 as the tragic culmination of what those four years under President Trump did to our country and they reflected the importance to the President of winning. What he has called many times the battle for the soul of our nation. So just as you heard him say on January 6 of last year, I would expect that President Biden will lay out the significance of what happened at the Capitol and the singular responsibility that President Trump has for the chaos and carnage we saw, and he will forcibly push back on the lies spread by the former president in an attempt to mislead the American people and his own supporters, as well as in respect to his role in what happened.”
Psaki couldn’t answer as to whether Biden will call out Trump by name because they were finalizing the speech.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by AZ Free News | May 29, 2021 | News
Arizona’s Sen. Kyrsten Sinema was one of eleven senators that did not cast a vote on a proposal to investigate the January 6, Capitol Hill protest. The proposal failed, needing 60 votes to pass.
Sinema was joined by fellow democrat, Sen. Patty Murray of Washington.
Progressives are furious with the moderate Sinema over her failure to cast a vote for what opponents describe as a “witch hunt.”
Sinema had previously urged her colleagues to support the proposal. She and Sen. Joe Manchin issued a joint statement in support of the commission:
“The events of January 6th were horrific,” the statement read. “We could never have imagined an attack on Congress and our Capitol at the hands of our own citizens. In the hours and days following the attack, Republican and Democratic members of Congress condemned the violence and vowed to hold those responsible accountable so our Democracy will never experience an attack like this again.”
The senators who didn’t vote on the bill include:
Republican Sen. Marsha Blackburn of Tennessee
Republican Sen. Roy Blunt of Missouri
Republican Sen. Mike Braun of Indiana
Republican Sen. Richard Burr of North Carolina
Republican Sen. Jim Inhofe of Oklahoma
Democratic Sen. Patty Murray of Washington
Republican Sen. Mike Rounds of South Dakota
Republican Sen. James Risch of Idaho
Republican Sen. Richard Shelby of Alabama
Republican Sen. Pat Toomey of Pennsylvania
Sinema offered no insight into her decision to skip the vote. The commission was sold as “bipartisan,” but few believed it would be little more than a third impeachment trial of former president Donald Trump.
Arizona’s junior senator, Mark Kelly, voted in favor of the commission.
