by Daniel Stefanski | Mar 16, 2023 | News
By Daniel Stefanski |
The Maricopa County Attorney would like a word with the Arizona Governor after her decision to disregard the execution order for a condemned man on the state’s death row.
This week, Maricopa County Attorney Rachel Mitchell filed a writ of mandamus with the Arizona Supreme Court to “ensure Governor Katie Hobbs and Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR) director Ryan Thornell adhere to their oaths of office to enforce the death penalty and comply with victims’ constitutional and statutory rights.” The question presented before the state’s high court is whether the Governor and ADCRR Director “are threatening to proceed without legal authority and failing to perform a duty – the lawful execution of Aaron Brian Gunches on April 6, 2023 – as required by law.”
After filing the amicus with the court, Mitchell released the following statement: “As County Attorney, I took an oath to uphold the US Constitution and the constitution and laws of the State of Arizona. These recognize that both the victim and the accused have rights. Our brief recognizes and supports the right of victims to a “prompt and final conclusion of the case.” It also gives the defendant notice of the recent US Supreme Court decision, even though we do not believe it applies in his case. What is not at issue is what the sentence is for his crime.”
The Maricopa County Attorney’s action follows Democrat Governor Hobbs’ earlier announcement that she would not be fulfilling the execution date for Gunches after the Arizona Supreme Court issued an execution warrant for April 6, 2023. The Gunches saga predates to the previous Ducey-Brnovich administrations, which came to an end on January 2, 2023. Former Attorney General Mark Brnovich had requested the warrant of execution for Gunches in December 2022.
In Mitchell’s filing before the court, she highlights a 1915 response from the same judicial body to a warden “who refused to comply with, and carry out, the order and directors of this Court to execute the sentence of death” in State ex rel. Jones v. Sims. The Court wrote: “Of course, it must be understood that men’s opinions and wishes cannot be substituted and made to take the place of the law; that this is a government of laws, and not of men, and that those persons whom the people have chosen to execute the laws must do so, however disagreeable or repugnant to their wishes it may be. It is not a jealousy of our processes that calls forth this expression, but [jealousy] of the law as it exists. The people and their representatives make the laws, and their observation and enforcement is the only sure test of loyalty and certain guaranty of the perpetuity of our government.”
Mitchell argues that “the Governor is bound by the Constitution and statutes to carry out executions after this court issues a warrant,” that “the Arizona Constitution limits the Governor’s exercise of Executive Clemency power,” and that “Governor Hobbs’s unilateral decision to grant a de facto reprieve violates the victim’s constitutional right to a prompt and final conclusion.”
Governor Hobbs’ decision to unilaterally cancel the court-ordered execution of Gunches coincides with her installation of a Death Penalty Independent Review Commissioner to review and provide “transparency into the ADCRR lethal injection drug and gas chamber chemical procurement process, execution protocols, and staffing considerations including training experience.” The Maricopa County Attorney’s brief contends that “this Court further found that Governor Hobbs’ Commissioner review, by itself, ‘does not demonstrate the State’s inability to lawfully carry out the execution.’”
Earlier this month, Arizona Senate President Warren Petersen expressed extreme displeasure with Governor Hobbs’ controversial decision to withhold justice in this case. Petersen provided the following quote to AZ Free News when asked for a reaction to Maricopa County Attorney Mitchell’s recent filing in court: “I applaud the County Attorney for supporting justice and victims. The Senate and House will be writing an Amicus brief in favor of justice as well. It is disturbing to see that our current Governor and Attorney General are unwilling to enforce the law and siding with the most vile individuals of society.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Corinne Murdock | Oct 11, 2022 | News
By Corinne Murdock |
Senator Tom Cotton (R-AR) endorsed Republican incumbent Rachel Mitchell for Maricopa County Attorney, decrying her Democratic opponent Julie Gunnigle as a “Soros prosecutor.”
The Monday endorsement came just two days before early voting begins and mail-in ballots are sent out.
The Maricopa County attorney race has attracted national attention, in part over the connection between Gunnigle and George Soros, the kingpin of Democratic dark money. Soros has a reputation for establishing progressive prosecutors into districts and counties across the country successfully.
Some of Gunnigle’s latest PAC donations included over $6,500 from Way to Lead Arizona. That PAC received at least $100,000 from Soros’ Democracy PAC last year, and more in funds from its national counterpart, the Way to Lead PAC, which received millions combined from Soros, his family, or the organizations he either funded or founded.
Gunnigle denies that she benefits from Soros funding.
Multiple times a week, an elected official or pundit will weigh in or offer an endorsement in the race.
A week ago, Gila Bend Mayor Chris Riggs expressed worry that Gunnigle would worsen crime rates in the county. He cited Gunnigle’s support for slashing police funding and not enforcing deportations.
National attention has also been drawn to this race since questions remain over the nature of Arizona’s abortion law. Last month, Mitchell clarified that she would uphold the law but wouldn’t prosecute women who obtain an abortion. Neither the total abortion ban or the 15-week restriction allow for the arrest of the mother — only those who perform the abortion. The total abortion ban makes one allowance: to save the mother’s life.
Gunnigle has stated that she doesn’t support restrictions on abortion. In March, long before the Supreme Court (SCOTUS) decision overturning Roe v. Wade, Gunnigle pledged to disregard Arizona abortion law.
Last month, the Pima County Superior Court lifted the 1973 injunction on Arizona’s total abortion ban corresponding with the Roe v. Wade decision. That court also rejected an injunction request from Planned Parenthood. However, the Arizona Court of Appeals issued an injunction on the total ban on Friday.
Judge Peter Eckerstrom cited the apparent disharmony between the total ban and the 15-week restriction. He noted that both sides, those for the abortion laws and against them, expressed a desire for clarity on the ruling law.
“Arizona courts have a responsibility to attempt to harmonize all of this state’s relevant statutes,” stated Eckerstrom. “The court further concludes the balance of hardships weigh strongly in favor of granting the stay, given the acute need of healthcare providers, prosecuting agencies, and the public for legal clarity as to the application of our criminal laws.”
Eckerstrom will engage in a scheduling conference with Planned Parenthood of Arizona and the attorney general’s office on Tuesday to advance the case.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Sep 29, 2022 | News
By Corinne Murdock |
Maricopa County Attorney Rachel Mitchell announced on Tuesday that her office wouldn’t prosecute women who obtain an abortion, citing the ongoing legal confusion over state law on abortion.
Mitchell disclosed that her office hasn’t received any case submittals relating to abortion. However, if any submittals were to come through, Mitchell promised that she would seek court guidance before taking any action.
“I know this is a highly emotionally-charged subject, and I want the community to know: I will not prosecute women for having abortions,” said Mitchell. “And no statute even suggests that a woman will ever be prosecuted for her decision.”
Mitchell added that she wouldn’t further victimize rape, incest, or molestation victims by prosecuting them. She implied that her detractors were spreading lies in order to sow fear for political gain. That final comment was likely directed at her opponent, Democratic candidate Julie Gunnigle.
In response, Gunnigle accused Mitchell of “flip-flop[ping]” on her position on prosecuting abortion cases. Gunnigle contended that Mitchell’s promise to enforce the law was contradictory.
Planned Parenthood endorses Gunnigle. Earlier this week, the abortion organization petitioned the Pima County Superior Court to implement a stay on its ruling last week, which lifted the 1973 injunction on Arizona’s total abortion ban.
At present, two abortion laws are in effect: one limiting abortions to 15 weeks, and another banning abortions entirely save in cases where the mother’s life is at stake.
While the state of abortion law is in legal limbo in Arizona, local governments are determining their next moves.
Tucson led the way, preceding the Supreme Court (SCOTUS) ruling by passing a resolution in early June that effectively established the city as a safe haven for abortions. The resolution allowed the police to not arrest anyone who violated abortion law.
AZ Free News reached out to the Phoenix City Council and the Phoenix mayor’s office concerning their promise last month to pass a resolution prohibiting the use of city resources to enforce abortion laws. We are awaiting a response.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Aug 14, 2022 | News
By Corinne Murdock |
One of the kingpins of Democratic dark money, 91-year-old George Soros (92 on Friday), lingers still behind the scenes of Arizona’s elections. His millions, traceable effectively wherever a Democratic candidate arises, may define the upcoming Maricopa County Attorney election. One of Soros’ main objectives is to grow his network of progressive prosecutors.
Soros made his mark in Arizona known through the 2016 elections. He was the primary financier of the Maricopa Strong PAC, spending over $2.3 million to defeat Maricopa County Sheriff Joe Arpaio (a success). Soros was also the primary financier of the Arizona Safety and Justice PAC, spending $1 million in the Maricopa County attorney’s race to defeat then-incumbent Bill Montgomery (a failure).
After 2016, Soros’ personal spending in criminal justice-related races appeared to cease entirely. The contentious 2020 election came and went without word of Soros’ millions flooding county races. Yet, Soros assured the country in an opinion piece for the Wall Street Journal last month that he remains committed to his goal of establishing liberal, reform-oriented prosecutors nationwide.
Soros may have rejected the media attention for his direct financing, and opted to direct his funds through less overt channels: political action committees (PACs) entrusted to pass on the cash to his desired candidates.
Soros candidates are identifiable by the following criminal justice reform goals: bail abolition, reduced incarceration numbers, mental health response services (as opposed to police), diversion programs in lieu of trial, mental health and drug courts as alternatives to criminal courts,
Those who share a similar vision for criminal justice reform are Julie Gunnigle, Democratic candidate for Maricopa County Attorney, as well as Laura Conover, current Pima County Attorney.
Gunnigle pledged to expunge marijuana-related criminal records, reduce incarceration rates, end cash bail, oppose the death penalty, fight elongated sentences for gang and weapons-related charges, establish mental health response services, and avoid prosecution for abortion offenses. Gunnigle, who earned over 312,000 votes in the primary, faces off against incumbent Rachel Mitchell, who earned over 235,000 votes (beating Republican challenger Gina Godbehere, who earned over 175,000 votes).
Out of the latest PAC donations reported, Gunnigle received over $6,500 from Way to Lead Arizona. That PAC received $100,000 from Soros’ Democracy PAC last year, though it’s primarily funded by its national counterpart: Way to Lead PAC. That PAC has received millions combined from Soros, his family, or the organizations he either funds or founded, according to Federal Election Contribution (FEC) campaign finance records.
Gunnigle has denied that she benefited from Soros funding.
During her 2020 run for the county attorney’s office, Gunnigle received $12,900 from the Planned Parenthood Advocates of Arizona (PPAZ) PAC, nearly $10,900 from Arizona List PAC, and over $6,000 from Emily’s List PAC.
The SOS database reflects that PPAZ’s biggest donors are private individuals donating over tens of thousands of dollars each. However, PPAZ’s SOS profile doesn’t reflect their receipt of over $9,100 from Planned Parenthood Votes that year, who in turn received $2.5 million from September 2019 to August 2020 from Soros’ Democracy PAC according to FEC records.
Arizona List PAC received $2,500 from Arizona Wins that year, who received $350,000 from Soros’ Democracy PAC in June 2020. Arizona Wins has given tens of thousands to Arizona List since launching in 2008. Arizona List PAC has also received $6,000 every year, including this year, from Emily’s List PAC. Soros’ Democracy PAC gave Emily’s List a $1 million nonfederal contribution in early 2020.
Since 2020, the Soros-funded Emily’s List has given $525,000 to the Arizona Democratic Legislative Campaign Committee (ADLCC), a project of the Arizona Democratic Party co-founded by Secretary of State Katie Hobbs. This year so far, they’ve given $50,000 to the ADLCC.
Arizona Wins — who appears under several different profiles with variations of its name on the SOS database, such as “Arizona Wins!” and “Arizona Wins/One Arizona” — has received money from and sent money to Soros’ affiliated or founded organizations apart from Democracy PAC. This includes just under $100,000 given to Forward Majority Action Arizona, whose primary funder is its national arm, Forward Majority Action. Soros’ Sixteen Thirty Fund issued millions to Forward Majority Action throughout 2020, with an additional individual contribution of $200,000 from Soros’ eldest son, Robert.
Arizona Wins’ former program manager, Josselyn Berry, went on to become the executive director of a PAC that received $650,000 from Soros’ Democracy PAC in 2020: ProgressNow Arizona (sometimes listed as Progress Now Arizona). Berry, formerly the Arizona State Senate Democratic Caucus Communications Director, also serves as a staffer for the Arizona Democratic Party. Arizona Wins and Progress Now Arizona both listed the same address for campaign finance reports.
ProgressNow Arizona also received $25,000 from the Future Now Fund in 2020, whose Arizona arm has received thousands over the years from Soros’ daughter-in-law, Jennifer, and submitted about $509,800 to the Arizona Democratic Party in 2020.
Pima County’s attorney, Laura Conover, has pledged to advance criminal justice reform initiatives that align with Soros’ vision. Her campaign received funding from some of the same sources as Gunnigle.
Last December, Conover pledged to not charge individuals arrested for simple drug possession in order to avoid jail crowding. Most recently, Conover pledged to not give jail time to individuals who seek or assist with abortions. Among her goals: cease prosecutions for the “poor, sick, and addicted,” through efforts like abolishing cash bail and limiting deportations.
In response to a constituent complaint on Facebook in 2020, Conover neither confirmed nor denied that she benefited from Soros funding.
“You may review my financials at your leisure. Bipartisan. Transparent. Sorry to disappoint,” wrote Conover’s campaign page.
According to the secretary of state’s (SOS) campaign finance records, the PPAZ PAC paid $12,900 to Conover’s campaign in July 2020. Conover’s campaign also received over $7,300 from the Arizona List PAC in 2020.
Soros’ money bleeds into other aspects of Arizona’s legal world. Incidentally, traces of his financial support touched the 2020 interests of newly-confirmed Ninth Circuit Court of Appeals judge: the accomplished, favorite Arizona attorney of the Democratic Party, Roopali Desai.
The funds benefited other left-wing criminal reform agendas in Arizona through Arizonans for Second Chances, Rehabilitation, And Public Safety: another PAC backed by Soros money, in addition to Big Tech’s Mark Zuckerberg. From June to September of 2020, the PAC received nearly $256,700 from the Alliance for Safety and Justice Action Fund, a project of Soros’ Tides Advocacy.
The PAC also received about $552,600 from Fwd.Us, Zuckerberg’s pro-immigration lobbying group co-founded with liberal megadonor Joe Green. Fwd.Us made headlines in late 2021 for bankrolling “farm teams” that produced at least five members of President Joe Biden’s immigration policy team.
From June to August 2020, the PAC paid out about $380,300 to the Coppersmith Brockelman law firm, where Desai has been a longtime partner. They also paid out over $3.3 million to AZ Petition Partners (dba Petition Partners): a signature-collecting company charged in November 2020 by the Arizona Attorney General’s office for illegal bonus programs. Desai is serving as one of the attorneys for the company’s appeal case.
That company also received $1.25 million from “Smart And Safe Arizona,” the PAC behind the eponymous ballot initiative, Prop 207, which successfully legalized recreational weed in the state. Desai authored Prop 207’s language. Desai also provided legal services for Prop 208, Invest in Education, whose eponymous PAC rallying for an additional income tax to increase teacher funding paid at least $150,000 to Petition Partners.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Aug 2, 2022 | News
By Corinne Murdock |
On Tuesday, Maricopa County sent a cease-and-desist letter to board of supervisors candidate Gail Golec for advising voters to steal election pens. The county gives voters a specific type of felt-tipped pen to fill out their in-person ballots.
Maricopa County Deputy Attorney Joseph La Rue requested that Golec issue a public retraction urging voters not to steal the pens.
“As you well know, theft of any sort is unlawful; moreover encouraging theft of the fast-drying ink pens specifically recommended for election day voting is a deliberate attempt to interfere with election administration and will have the harmful effect of delaying the vote tabulation of election day ballots, as the wet ink harms the vote center tabulation machines,” wrote La Rue.
La Rue’s letter came hours after Golec persuaded voters to steal pens via Telegram, an encrypted messaging service increasingly relied on by right-wing individuals as an alternative social media platform.
“I just had someone give me an idea. When voting take the pentel pen with you and leave a blue pen behind. Eventually they will run out,” wrote Golec.
Later on Twitter, Golec alluded to her advice to steal pens with the hashtag, “#LeaveNoPentelBehind.”
Golec dismissed the county’s warning as a distraction from election integrity. She doubled down with a hashtag associated with her call to action, #UseBlueInk. As of press time, the Telegram post wasn’t removed.
Several hours before Golec shared Maricopa County’s cease-and-desist letter, AZ Free News inquired with the county whether voters were stealing poll pens and/or replacing them with their preferred pens. The county didn’t respond by press time.
The county’s elections department announced Tuesday morning that they resolved reports of stolen pens, as well as other minor technology issues.
Golec’s advice was based on her claims that the tabulation machines wouldn’t be able to read ballots marked with the county’s felt-tipped pens. Golec also claimed that the felt-tipped pens were part of a bigger conspiracy to rig elections.
The candidate advised voters repeatedly to use a blue ink pen of their choice, not the felt-tipped pens provided by the county.
Golec made headlines last month for her claim that former President Donald Trump endorsed her campaign. The Arizona Daily Independent reported that sources close to Trump denied that the former president ever issued a formal endorsement for Golec.
The county supervisor candidate substantiated her claim of Trump’s endorsement with a brief exchange the two shared: Golec interrupted part of Trump’s speech addressing Maricopa County at Mar-A-Lago, telling the former president that she needed him to get her into office. Trump replied that he endorsed her, but didn’t mention her by name and never issued a formal endorsement later.
During the Arizona Senate’s audit of the 2020 election, Golec communicated frequently with Ken Bennett, the audit liaison, to share concerns that Antifa and Black Lives Matter (BLM) activists were attempting to undermine the audit. Those exchanges came to light through the release of communications data related to the audit.
As proof of her claims that BLM was near the site of the audit, Golec sent Bennett a picture of a bus with “Black Lives Matter” wrapping. The bus belonged to the Toronto Raptors, an NBA team, not BLM.
Golic submitted numerous questions and requests about election security to Bennett as well as Senate President Karen Fann (R-Prescott).
Golic characterized Fann in a recent campaign ad as a politician willing to undermine election integrity to serve her own interests. She cited the timeline of the State Senate’s settlement concerning its subpoena of Maricopa County in September, followed by the state’s contracting of Fann’s family company and 10 other developers in October to widen the I-17. Golic claimed that the settlement meant the county didn’t have to supply its routers.
However, the county did agree to hand over its routers. Fann summarized that the settlement gave the senate everything they wanted and had the county drop its $2.8 million lawsuit.
Fann responded that Golic lied to the public and owed her and the voters an apology.
Maricopa County announced earlier this year that it would cease using Sharpies at the polls, instead relying on Pentel felt-tipped pens. Election officials offered multiple reasons for the change, with some noting public distrust of Sharpies following the 2020 election and the ensuing “Sharpiegate” controversy.
The county’s chief reason for the switch concerned faster ink drying times for improved ballot processing by the tabulation machines.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
