Friday, February 26, 2021

BREAKING: Judge Rules Subpoenas From State Senate Republicans Is "Enforceable", But Enforcement For November Election Materials Is Up To Them

Judge Thomason: "The courts should generally be hesitant to enter the fray of political disputes between two other branches of government. The controversy between the Senators and the County is a highly charged political dispute.3 Serious accusations have been made and emotions are raw."

Reaction from Maricopa County Board of Supervisors Chair Jack Sellers (R-Dist.1): "Judge Thomason's ruling brings much-needed clarity to whether Senate subpoenas apply to ballots that, per state law, must be kept private following an election.   We respect his ruling and will review it with our attorneys as we determine how best to move forward."


Analysis of ruling: https://twitter.com/lorenzo1159


Election Audit - Judge Ruling On Subpoenas by arizonaspolitics on Scribd


"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcast.

Tuesday, February 23, 2021

BREAKING: Jacob "Qanon Shaman" Chansley Should Be Released - Motion Claims Trump Entrapped Him, Others

 Jacob Chansley, the most universally-recognizable Trump supporter to enter the U.S. Capitol during the January 6 insurrection, is asking the judge to release him from jail pending his trial. Chansley's Motion (below) claims that then-President Donald Trump "entrapped" him into entering the Capitol and that the flagpole he carried that day should not be considered a "dangerous weapon".

Chansley's attorney also explains why the Phoenix man is not a risk to run, and states (without proof, fortunately) that the 33-year old "has experienced significant digestive tract issues for which medical consultation has been sought." You will recall that judges have ordered that the jails try to comply with his religious and health needs for organic foods; Chansley's attorney points out his client is "very grateful for the efforts" and that he does not wish to "cast aspersions" on those efforts.

But, the focus of the 27-page motion is largely on the potential "estoppel by entrapment" defense created by Trump's persistent propaganda both before and on January 6. As attorney Albert Watkins put it, "President Trump heightened his public propaganda such as to alarm, alert and amass his supporters...." Once Chansley and others were there on January 6, he "listened to the words of the President, acted in reliance on the truth of the words of the President, and did that which the President asked them (him and others) to do."

Chansley has been in custody since arriving back in Phoenix shortly after January 6. (In fact, the Motion indicates that he received a speeding ticket somewhere in Oklahoma on his cross-country return.) He is presently in jail in Virginia.

(BONUS: The Motion attaches some of Chansley's artwork as an Exhibit. The argument is that he should be released to resume creating.)

 


"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcast.


Monday, February 22, 2021

UPDATE: U.S. Supreme Court Won't Take AZGOP's Election Contest Appeal

 The U.S. Supreme Court announced this morning that it would not consider the Arizona Republican Party's election contest appeal. This denial leaves only one AZGOP appeal of last November's election still pending.

Today's denial of Ward v. Jackson leaves the Arizona Supreme Court's December denial of AZGOP Chair Kelli Ward's election contest as the final word. That was the case where Republicans challenged duplicated ballots in Maricopa County, as well as signature verification. However, the appeal to the U.S. Supreme Court was based upon the constitutionality of the federal "Safe Harbor" date.

The U.S. Supreme Court also declined today to accept a Pennsylvania GOP appeal. However, that denial was opposed by three of the nine justices, as Justices Thomas, Alito and Gorsuch published dissenting opinions. No such dissent was published for the Arizona case.

Still pending is the appeal of the so-called Son of Arizona Kraken case, in which Arizona's unsuccessful Republican electors challenged the voting machines and other unfounded theories that the election was stolen from former President Donald Trump. (As in today's denial, the U.S. Supreme Court has not asked the government defendants to respond to the GOP's appeal - a sign that the justices are not seriously considering accepting the case. It will be conferenced this coming Friday.)

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcast.

Monday, February 8, 2021

BREAKING: Peoria Violated Gift Clause In $2.5M In Subsidies To Private University, Supreme Court Rules

Peoria's agreements to reimburse the private Huntington University more than $2.5M for locating an Arizona campus in the city violated Arizona's Gift Clause, the Arizona Supreme Court unanimously ruled today.

The opinion reverses decisions in both the trial court and the appeals court in favor of the incentives deal. The case was brought by taxpayers represented by the conservative Goldwater Institute in 2016. 

Today's opinion was authored by Vice Chief Justice Ann Timmer. She found that the plaintiffs had sufficiently proven that Peoria would not receive sufficient value from Huntington's campus to satisfy the Gift Clause.

Neither HU nor Arrowhead signed an enforceable promise to provide the City with any particular economic impact. Likewise, neither promised to provide the City with any goods or services, such as an ownership interest in the campus building or reduced tuition for Peoria residents. They simply promised to engage in their respective private businesses (educating and leasing).
In effect, HU and Arrowhead’s promises are no different than a hamburger chain promising to operate in Peoria in exchange for monetary incentives paid by the City in hope of stimulating the local economy. A private business will usually, if not always, generate some economic impact and, consequently, permitting such impacts to justify public funding of private ventures would eviscerate the Gift Clause.

The Goldwater Institute's Christina Sandefur called the decision a "landmark victory".

The agreements were reached in 2015 and were to expire next year. It is not clear whether the monies had been reimbursed to Huntington University while the legal action was pending. Arizona's Law has contacted Peoria and will update as warranted. 

Last year, Superior Court Judge Christopher Coury also found that a deal between the City of Phoenix and a developer for a Roosevelt Row high rise violated the Gift Clause. That case involved a GPLET deal and was also brought by the Goldwater Institute. The City did not appeal the decision.

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcast.



BREAKING: Maricopa County to State Senate Republicans: Take This Subpoena and Shove It

Maricopa County and Dominion Voting both notified the attorney for the State Senate Repubicans this afternoon that they would not be providi...