by Corinne Murdock | Dec 14, 2022 | News
By Corinne Murdock |
Kari Lake and Katie Hobbs will face off again over election matters next week — this time, over the course of two days in court.
Lake’s lawsuit against Hobbs and Maricopa County kicked off on Tuesday. Judge Peter Thompson scheduled the two-day hearing for Dec. 21 and 22.
Kari Lake’s counsel, Bryan Blehm and Kurt Olsen, filed an ex parte motion to substitute one of the exhibits: “Attachment C.” They reportedly failed to redact voter signatures on their filings. The judge admitted them, however, which will require the clerk’s office to scan thousands of pages containing the redacted filings into the system.
Andy Gaona, on behalf of Hobbs in her capacity as secretary of state, and Tom Liddy, on behalf of Maricopa County, both said they will file to dismiss. Alexis Danneman was present on behalf of Hobbs as governor-elect.
The judge conferred extensively with all counsel on when and for how long hearings should take place, given the transfer of power designating Hobbs as governor fast approaching (Jan. 2). However, Gaona, Danneman, and Liddy expressed confidence that the judge would dismiss the case and insisted that an evidentiary hearing wasn’t necessary.
However, the judge stated that the substantial amount of evidence before him would require a “reasonable amount of time” to review. He noted that a hearing spanning multiple days would take the case right up to Jan. 2.
“Looking at the timing of this, this is a statutory creature,” said Thompson. “This isn’t a ruling that I will be able to do in 15 minutes.”
Blehm asked for a three day “trial” at minimum, but the judge refused. Thompson stated that the case was a “hearing, not a full-blown trial” that would take a few hours for each side to argue, at most.
Gaona warned that a lengthy hearing would threaten an orderly transition of power. He stated that Lake’s case was “non-existent.”
Liddy argued most of Lake’s evidence was duplicative, and some of the remainder was “of dubious probative value.” Liddy also noted that his team received a thumb drive on Tuesday morning containing confidential voter data. AZ Free News reached out for comment on this point. Liddy explained that they, the Maricopa County Attorney’s Office, received the thumb drive from the clerk of the board after it was served to the county by Lake’s team late Monday. The thumb drive contained about 6,000 pages of documents, many containing voter information such as copies of voters’ signatures.
Blehm took issue with what he claimed was a characterization of their evidence’s procurement by Liddy, but Liddy said he didn’t issue any characterization.
Blehm also asked the judge for permission to inspect the ballots. Thompson appeared confused by this request and denied it.
Technical issues with the conference call derailed the hearing for the better part of the hour, and continued to plague the livestream for the remainder of the hearing.
The cause came from the publication of the conference call access information from those with massive followings such as the Democracy Docket, Wendy Rogers, and Gateway Pundit. Hundreds of members of the public jumped onto the call, leaving some of the litigants out. Initially, Lake and her legal team were unable to access the conference call.
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 10, 2022 | News
By Corinne Murdock |
The Arizona Republican Party (AZGOP) urged Attorney General Mark Brnovich to investigate Governor-elect Katie Hobbs’ role in censorship of online speech.
The AZGOP asked Brnovich to determine whether Hobbs violated federal or state laws by using state resources in coordination with the Biden administration to remove posts on her office’s behalf. They further requested that Brnovich obtain the entire trove of communications between the secretary of state’s office and Twitter.
As the Arizona Daily Independent reported, court filings in the case Missouri v. Biden revealed that the secretary of state’s office used a middle man of sorts to censor online speech: the Center for Internet Security (CIS).
CIS is led by a former Obama administration official, and has received hundreds of millions in federal grants and contracts over the past two decades.
Several days after discovery of Hobbs’ arrangement to moderate online speech, Hobbs called on Arizonans during the statewide canvass certifying the election to suppress election misinformation and disinformation.
As of press time, Brnovich hasn’t issued a public statement on social media or by press release to address the AZGOP’s request. AZ Free News requested comment; the attorney general’s office didn’t respond by press time.
While Hobbs hasn’t addressed the controversy over her office’s moderation of online speech, her incoming chief of staff and former assistant secretary of state, Allie Bones, issued a statement to multiple mainstream media outlets defending the arrangement.
Bones told reporters that it was the job of governments, including the secretary of state’s office, to purge the public square of perceived misinformation and disinformation. Bones added that the CIS arrangement was a normal one between governments and social media companies. The chief of staff insisted that their actions weren’t silencing dissent.
“One of the ways we [make sure that voters are informed] is by working to counter disinformation online that can confuse voters,” stated Bones. “This is yet another example of conspiracy theorists trying to create chaos and confusion by casting doubt on our election system. It’s unfair to Arizona voters and it’s harmful to our democracy.”
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 7, 2022 | News
By Terri Jo Neff |
The task force charged with recommending special ethics rules for attorneys who work for the Arizona Attorney General’s Office and other public entities across the state will miss its December 2022 report deadline, according to Arizona Supreme Court records.
The Task Force on Ethics Rules Governing the State Attorney General, County Attorneys, and Other Public Lawyers was established by Chief Justice Robert Brutinel in February following high profile ethics complaints filed by the Arizona Board of Regents and Secretary of State Katie Hobbs against Attorney General Mark Brnovich.
Although the task force has met eight times, members requested additional time to prepare its ethics recommendations. As a result, Brutinel recently signed an order setting a new deadline of June 2023.
In Arizona, the attorney general is mandated by statute to provide certain legal advice as well as representation to various state agencies, state officials, and state employees. The same principle applies to the state’s fifteen county attorneys.
Brutinel’s creation of the Public Lawyers Task Force acknowledged there are particular ethical concerns a government lawyer may face when representing a public body, elected official, or even a government employee that other attorneys do not have to address. Similar considerations can arise for private practice attorneys who are retained to provide legal counsel to a government client.
Many of those considerations came to a head in 2020 when Brnovich and his staff attorneys were accused by Hobbs of failing to abide by the Arizona Supreme Court’s Rules of Professional Conduct. In another instance, Brnovich actually sued his own client, the Arizona Board of Regents, who in turn contacted the Arizona State Bar.
The ethics complaints against Brnovich’s staff were dismissed by the State Bar, although the attorney general himself agreed to a diversion resolution. The situation, however, drew renewed attention to the dual ethical obligations government lawyers have, particularly when required by state law to represent a specific client.
Former Maricopa County Attorney and current Justice Bill Montgomery was appointed by Brutinel to chair the task force. Among the issues the members are expected to address are:
- the process to follow if a government or public lawyer believes there is a conflict of interest in representing a public client;
- how to handle situations in which the government lawyer does not approve of, or cannot ethically fulfill, a specific course of action desired by a client;
- how the terms and conditions of legal representation should be documented between an attorney and a government client, and who calls the shots if the client is more than one person.
by Corinne Murdock | Dec 6, 2022 | News
By Corinne Murdock |
During Monday’s statewide canvass of the 2022 general election, governor-elect Katie Hobbs enjoined Arizonans to counter the speech of election critics.
After reading through a summary of election data, Hobbs urged Arizonans to monitor their peers’ election-related speech. She indicated that only election officials and designated experts convey truth concerning elections. Hobbs alluded to Cochise County’s certification delay, indicating that they were proliferating falsehoods, undermining democracy, and threatening to disenfranchise voters.
“As we’ve learned these past few years, protecting our democracy requires everyone’s participation to help discern truth from fiction and listen to experts seeking to uphold our laws and our republic rather than promote conspiracies,” stated Hobbs. “You can help combat and prevent these threats by getting involved. Learn from your trusted election officials and share accurate election information with your family and friends. Push back on and refuse to accept false narratives.”
Hobbs closed her speech by forewarning that the 2024 election would be equally rife with election denialism, if not worse.
“Democracy prevailed but it’s not out of the woods. 2024 will bring a host of challenges from the election denial community that we must prepare for,” stated Hobbs. “But for now, Arizonans can stand proud knowing that this election was conducted with transparency, accuracy, and fairness in accordance with Arizona’s election laws and procedures.”
When it comes to monitoring election-related speech, Hobbs has practiced what she preached.
Court filings revealed that the secretary of state’s office effectively controlled social media speech through a mediator nonprofit: the Center for Internet Security (CIS), run by a former Obama administration official. CIS manages election-related issues through their Elections Infrastructure Information Sharing and Analysis Center (EI-ISAC), which runs a communications hub between elections officials, the federal government, and social media platforms.
The secretary of state’s office, Runbeck Elections Services, and election leadership in all 15 Arizona counties are members of EI-ISAC.
Specifically: the Apache County’s Elections, Recorder, and City of Apache Junction Clerk; Cochise County’s Recorder and Elections Department; Coconino County Recorder; Gila County Elections; Graham County Elections and Recorder; Greenlee County Elections; La Paz County Elections; Maricopa County Recorder; Mohave County Recorder; Navajo County Elections; Pima County Election Department and Recorder; Pinal County Elections and Recorder; Santa Cruz County Elections; Yavapai County Elections and Recorder; and Yuma County Elections.
Nationwide, membership totals around 3,000 state and local election officials.
CIS also runs the Multi-State Information Sharing and Analysis Center (MS-ISAC), which is backed by and the cybersecurity needs go-to for the Department of Homeland Security (DHS). MS-ISAC, created in response to post-9/11 national security restructuring, got an $11 million cut from Congress’ $1.5 trillion omnibus spending bill earlier this year.
The following are MS-ISAC partners in Arizona:
- State Entities: the state of Arizona, Secretary of State, Counter Terrorism Information Center, Judicial Branch, Central Arizona Project, Salt River Project
- Cities: Apache Junction, Avondale, Buckeye, Bullhead City, Casa Grande, Chandler, Cottonwood, Flagstaff, Kingman, Glendale, Goodyear, Lake Havasu, Maricopa, Mesa, Peoria, Phoenix, Prescott, Safford, San Luis, Scottsdale, Sierra Vista, Surprise, Tempe, Tolleson, Tucson, Winslow, Yuma
- Counties: Apache, Cochise, Coconino, Gila, Graham, Greenlee, La Paz, Maricopa, Mohave, Pima, Pinal, Santa Cruz, Yavapai, Yuma
- Courts: Mohave County Superior Court,Pima County Superior Court, Pinal County Superior Court, Yuma Superior Court
- Elections: Apache County Elections, Cochise County Elections, Coconino County Elections Department, Gila County Elections, Graham County Elections, Greenlee County Elections, La Paz County Elections, Navajo County Elections, Pima County Election Department, Pinal County Elections, Santa Cruz County Elections, Yavapai County Elections, Yuma County Elections
- Fire: Arizona City Fire District, Central Arizona Fire and Medical Authority, City of Bullhead Fire Department, Colorado City Fire District
- Higher Education: Arizona State University, Arizona Western College, Cochise College, Coconino Community College, Eastern Arizona College, Glendale Community College, Maricopa Community College, Northern Arizona University, Northland Pioneer College, Phoenix College, Pima Community College, Scottsdale Community College, University of Arizona, Yavapai College
- K-12: Beaver Creek School District, Benson Unified School District, Buckeye Union High School District, Cartwright School District, Cave Creek Unified School District, Chandler Unified School District, Chino Valley Unified School District 51, Concho Elementary School District, Congress Elementary School District, Continental Elementary School District, Creighton School District, Dysart Unified School District, Flagstaff Unified School District, Fountain Hills Unified School District, J.O. Combs Unified School District, Gadsden Elementary School District #32, Gilbert Public Schools, Glendale Elementary School District, Kyrene School District, Maricopa Unified School District, Murphy School District, Paradise Valley Unified School District, Patagonia Union High School, Pendergast Elementary School District, Peoria Unified School District, Phoenix Elementary School District, Pima Joint Technical Education District, Pine Strawberry School District #12, Pinon Unified School District, Pointe Schools, Prescott Unified School District, Round Valley Unified Schools, Safford Unified School District, Sahuarita Unified School District, Scottsdale unified School District, Sierra Vista Unified Schools #68, Snowflake Unified School District, Tempe Union High School District, Washington Elementary School District, Tucson Unified School District, Western Maricopa Education Center, Whiteriver Unified School District, Wickenburg Unified School District, Yuma Union High School District
- Police: Mesa Police Department, Pima County Sheriff’s Department, St. Johns Police Department, Williams Police Department, Yuma County Sheriff’s Office
- Recorders for Counties: Apache, Cochise, Coconino, Graham, Maricopa, Mohave, Navajo, Pima, Pinal, Yavapai
- Towns: Cave Creek, Florence, Gilbert, Marana, Oro Valley, Paradise Valley, Prescott Valley, Queen Creek, Sahuarita
- Other: City of Apache Junction Clerk, City of Phoenix Aviation Department, Education Technology Consortium, Fort Defiance Indian Hospital Board, Maricopa County Attorney’s Office, National Law Enforcement Telecommunications System, Northern Arizona Council of Governments, Northern Arizona Intergovernmental Public Transportation Authority, Phoenix-Mesa Gateway Airport, San Carlos Apache Healthcare Corporation, Sun Tran, Tuba City Regional Health Care Corporation, Valley Metro Regional Public Transportation Authority
After the canvass, Hobbs joined the Arizona House Democratic Caucus’ retreat.
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 4, 2022 | News
By Corinne Murdock |
The operative whose political action committee (PAC) received $27 million from fallen crypto giant FTX also received over $1 million from committees for Senator Mark Kelly and governor-elect Katie Hobbs.
The operative, Dacey Montoya, also served as the treasurer for these committees. Montoya has been behind numerous other political committees and PACs in Arizona and across at least 16 other states. Usually, those committees also pay her consulting firm, The Money Wheel (TMW).
Montoya serves as the treasurer for the Mark Kelly Victory Fund and Mark Kelly For Senate. TMW received over $832,000 from the two committees over the past two years.
Katie Hobbs’ secretary of state and gubernatorial committees paid TMW about $188,500 over the past four years, with the greatest payouts occurring over the last year. Although Montoya wasn’t listed as the treasurer for either of Hobbs’ campaigns, her firm’s email was listed in the contact information.
That combined $1 million doesn’t include payouts from other political action committees (PACs) and political candidates. (Note: AZ Free News discovered that Montoya’s PACs didn’t always file timely reports, so funds like expenditures, income, and TMW funding may be underreported).
Arizona-based PACs or campaign committees that paid TMW: Outlaw Dirty Money, $61,900; Arizona Pipe Trades 469, $54,000; Invest in Phx, $10,700; Rural Arizonans For Accountability, $10,500; Arizonans For a Just Democracy, $5,500; No On Proposition 126 Committee, $1,200; Solutions for Arizona, $500.
Arizona-based PACs that Montoya ran, and how much they paid TMW: Invest in Education, $504,400; Protect Our Future PAC, $134,500; Way to Lead PAC, $67,800; Moms Fed Up, $52,000; Way to Lead State Power Committee, $49,600; Invest in Education Committee, $40,700; Arizonans For Fair Elections, $40,000; Arizona Families First, $38,900; Change for Arizona 2024 PAC, $31,000; Arizonans For Fair Lending, $27,000; Arizona Future Fund, $25,000; Invest in Arizona, $25,000; Guarding Against Pandemics PAC, $16,000; Families United For Freedom, $15,000; Opportunity For Tomorrow, $11,000; Lead the Way 2022, $9,800; Not Our Faith, $9,200; Liftoff PAC, $3,500; E Pluribus PAC, $9,100; Win the West 2020, $3,100; Win Blue 2020, $2,600; Restore Hope, $2,500; Arizona Washington Victory Fund, $1,800; Arizona Maine Victory Fund, $1,800; Arizona New Jersey Victory Fund, $1,800; Kelly, Cisneros, Rouda, Smith Victory Fund, $1,700; Yes For Phx, $1,400; Saguaro Victory Fund, $1,100; and Arizona New Mexico Victory Fund, $800.
Political candidates for whom Montoya served as treasurer, and how much they paid TMW: Mayor Kate Gallego, $76,300; Reginald Bolding, $51,800; and Jevin Hodge, $42,000.
Political candidates whose campaigns paid TMW: Kirsten Engel, $46,900; Judy Stahl, $11,500; Ann Kirkpatrick, $118,500; and Heather Ross, $36,000.
At minimum, Montoya’s firm has made over $2.7 million over the past few years through Arizona political candidates, committees, and PACs.
Montoya also founded and ran an influential PAC that didn’t pay TMW: Will of the People Arizona, a PAC dedicated to defeating Propositions 128, 129, and 132. In their tweets, the PAC tags multiple progressive organizations in their effort, including Pro-Choice Arizona, LUCHA Arizona, Mass Liberation Arizona, Black Lives Matter Phoenix Metro, Poder in Action, CASE, AZ Coalition 4 Change, Healthcare Rising Arizona, All Voting is Local – AZ, ACLU of Arizona, and Planned Parenthood Advocates of Arizona.
The PAC identified The Arizona Republic as an endorser of their efforts.
Prop 128, allowing the state legislature to amend, divert funds from, or supersede an initiative or referendum found to contain illegal or unconstitutional language, failed; Prop 129, limiting ballot initiatives to a single subject, succeeded; and Prop 132, requiring initiatives and referendums seeking a tax change to receive at least 60 percent of votes, succeeded.
As AZ Free News reported in October, outside funding accounted for 99 percent of the PACs funds. However, the PAC claims on its website that outside funds only amount to 20 percent, and their mailers claimed that number was 43 percent.
The PAC received over $2.1 million from the Service Employees International Union United Healthcare Workers (SEIU-UHW): the California union that largely financed the dark money-fueled Predatory Debt Collection Act, Proposition 209, which voters just approved. Prop 209 essentially makes all debt collection futile. That PAC also received $250,000 from the National Education Association (NEA); nearly $258,600 from the Fairness Project, established by SEIU-UHW; $60,000 from Every Single Vote; and over $51,000 from the Ballot Initiative Strategy Center (BISC). Nearly all of these funds derive from organizations dedicated to influencing the outcome of state-level ballot referendums in favor of progressive policy.
Will of the People Arizona spent over $1.6 million on communications like ads and mailers, and over $66,500 on polling and consulting.
Montoya also runs one of the most powerful leftist dark money organizations: Opportunity Arizona, which receives much of its funding from the Arabella Advisors’ Hopewell Fund.
As of this report, AZ Free News uncovered Montoya’s influence as campaign committee or PAC treasurer, or TMW payee, in at least 16 other states: California, Colorado, Florida, Illinois, Iowa, Louisiana, Maryland, Massachusetts, Nevada, New Jersey, New York, Ohio, Texas, Virginia, Washington, and Wisconsin.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
