Government

The New York Times this morning published 2020 emails from Phoenix attorney Jack Wilenchik about the plans to assemble “fake” electors to help stop the certification of the Electoral College count.Wilenchik was representing AZGOP Chair – and Trump elector – Kelli Ward in her contest of the election, which was before the Arizona Supreme Court on December 8. He was also communicating with Trump attorney/advisor Boris Epshteyn (and Christina Bobb) about the cases and the plans to “sending in ‘fake’ electoral votes to Pence”.The emails show that Wilenchik seemed to have a clear-eyed view of both the plans and the
Continue Reading BREAKING: NY Times Publishes Arizona Attorney's Emails Re: "Fake Electors" Plans

Arizona Secretary of State Katie Hobbs filed a Motion to exclude testimony from former Cyber Ninja Doug Logan and other election conspiracy theorists from tomorrow’s hearing. U.S. District Court Judge John Tuchi set aside several hours for evidence and arguments on whether to grant an injunction to prevent the use of electronic voting machines in this year’s (underway) elections.The lawsuit was brought by Trump-endorsed candidates for Governor (Kari Lake) and Secretary of State (Mark Finchem). The Hobbs’ Motion in Limine argues that”Plaintiffs rely on declarations and anticipated testimony from five individuals: John Mills, Ben Cotton, Walter Daugherity, Douglas Logan, and
Continue Reading BREAKING: "Unqualified"! Hobbs Moves To Exclude Doug Logan & Ben Cotton Testimony From Tomorrow's Hearing On Electronic Voting Machines (READ Motion)

Arizona Rep. Andy Biggs has spent $92,000 in legal fees since March 2022. Most of those fees were paid in May and were likely related to the unsuccessful challenge to his nomination by Democratic-related groups. However, that was also the month the January 6 Select Committee issued a subpoena to Biggs and he objected to it.The noteworthy expenses were disclosed today in the Biggs’ campaign finance report filed with the FEC today. Arizona’s Law has reached out to the Biggs campaign for comment, and will update this report as necessary.Biggs retained Arizona political law attorneys Kory Langhofer and Tom
Continue Reading BREAKING: Rep. Biggs' Campaign Spends $92,000 On Legal Fees (READ Campaign Finance Report)

The Arizona Supreme Court today effectively thumbed their collective noses at Arizona Attorney General Mark Brnovich’s late lawsuit to try to force a new Elections Procedures Manual from Secretary of State Katie Hobbs.The Justices refused to reach down and take the appeal from the intermediate Court of Appeals, saying none of the criteria – including for “extraordinary circumstances” – have been met. (Governor Doug Ducey also urged the court to take the case.)The decision guarantees that Brnovich will not succeed in forcing a rewrite. Yavapai County Superior Court Judge John Napper said the statutes setting up the process for approval
Continue Reading BREAKING: AZ Supreme Court To Brnovich and Ducey: Meh, Election Procedures Manual Challenge Is Not "Extraordinary"

UPDATE, 6/29, 4:15pmDID THEY (IN THE SHADOWS), OR DIDN’T THEY? Adding to Confusion, U.S. Supreme Court *MAY* Have Discussed Part of AZ Abortion Ban TODAYAh, the shadows cast by the shadow docket are long on the penultimate day of the session.Earlier today, Arizona’s Law broke the news that the U.S. Supreme Court Justices were conferencing TODAY on a portion of one of Arizona’s (several) anti-abortion laws. After some odd postings by the Court and further investigation, it is unclear whether the discussion took place.We posted the docket this morning, which includes an entry from earlier in the
Continue Reading DID THEY (IN THE SHADOWS), OR DIDN'T THEY? Adding to Confusion, U.S. Supreme Court *MAY* Have Discussed Part of AZ Abortion Ban TODAY

UPDATE, 8:40pm: Alan Dershowitz tells Arizona’s Law that his termination will be fixed. “Just a technical glitch in my pro hac application. It’s being fixed.” He did not respond to the request for an interview regarding his involvement in the Arizona cases.In an unexpected twist, an Arizona court has kicked out Alan Dershowitz for non-compliance. Dershowitz is a well-known attorney and Harvard Law professor who has been representing Arizona election deniers Kari Lake and Mark Finchem in the federal court case against Secretary of State Katie Hobbs*.The court did not give details of the “termination”, other than to
Continue Reading BREAKING: AZ Court Kicks Alan Dershowitz Out of Court; Kari Lake & Mark Finchem Lose Their Big Gun Due To "Noncompliance"

The U.S. Forest Service cannot allow 2,400+ acres of southern Arizona wilderness to be buried under 1.9 billion tons of the Rosemont Copper mine’s waste rock. That was the opinion today from a divided Ninth Circuit panel that delivered a big win to the coalition of environmental and Native American groups battling the southern Arizona mine.The Center for Biological Diversity is leading the long-running litigation battle, along with the Sierra Club, Tohono O’odham Nation, Hopi Tribe and Pascua Yaqui Tribe.Judge William Fletcher wrote the 38-page majority opinion, blasting the Forest Service’s decision:The Mining Law allows mining companies to occupy federal
Continue Reading BREAKING: Big 9th Circuit Win For Environmentalists Fighting Rosemont Copper Mine In S. Arizona (READ Opinion)

5:30pm: The 9th Circuit panel of three judges REFUSED to stop tomorrow’s execution. “As stated above, the ultimate question is “whether [Dixon] can rationally understand the reasons for his death sentence.” The state court’s conclusion that Dixon does have this understanding was not based upon an unreasonable determination of the facts.”3pm: Here is the video of the 9th Circuit oral argument this afternoon:2pm: We are live-tweeting the oral arguments before the 9th Circuit. Tune in: https://twitter.com/arizonaslaw/status/1524132456869232641BREAKING: U.S. District Court Judge denies Clarence Dixon’s habeas corpus action, claiming that he is not competent to be executed.Judge Diane Humetewa issued the
Continue Reading BREAKING: U.S. District Court Judge denies Clarence Dixon's habeas corpus action, claiming that he is not competent to be executed (READ Order)

In the first of what is expected to be three decisions today, the Arizona Supreme Court denied an expedited election challenge appeal by (former) legislative candidate Shawn Pearson. A panel of the Justices unanimously decided that Pearson did not prove that at least 26 signers of her petition were legitimately registered in her district when they signed, after the County Recorder had determined that they did not. Pearson had alleged that the County Recorder’s list was not updated with recent moves, etc – the Court said that that was not enough to rehabilitate the signatures.Pearson was challenged by a fellow Democrat
Continue Reading UPDATE: AZ Supreme Court DENIES 1st of 3 Election Challenge Appeals (READ Decision)

 A ruling from the Arizona Supreme Court on whether longtime Congressmen Andy Biggs and Paul Gosar can run for re-election this November could come as early as this afternoon. The consolidated expedited election appeal also includes State Rep. Mark Finchem, who is running for Arizona Secretary of State.The three are accused of being not qualified to hold office because of their participation in planning the January 6 (2021) insurrection at the U.S. Capitol. Challengers claim that the three are subject to the Disqualification Clause in the 14th Amendment.Superior Court Judge Christopher Coury dismissed the combined case, and the group
Continue Reading AZ Supreme Court Ready To Rule On Gosar/Biggs/Finchem's Places On the November Ballot (READ Briefs)

Puente and anti-Trump protesters filed a Notice of Appeal today, asking the 9th Circuit to keep their class action suit against the Phoenix PD alive. The suit stems from the Aug. 22, 2017 protest when then-President Donald Trump came to town, and the PPD dispersed the crowd by firing gas, pepper bullets and flash-bangs into the crowd.The plaintiffs – represented by attorneys from the ACLU and others – alleged constitutional violations and sought injunctive relief against Phoenix to prohibit future protests. District Court Judge John Tuchi dismissed nearly all of those last week.Although in March, the defendants appealed another of
Continue Reading UPDATE, NOONE'S HAPPY: Puente and Protesters APPEAL Dismissal of Class Action Vs. Phoenix PD Re: 2017 Trump Protest

The Louisiana judge did not wait for the AZAGO to work out terms for TRO language to stop Title 42 from being enforced at the border, after all. Judge Robert Summerhays wrote up his only language and signed it this afternoon, issuing a nationwide order stopping the Biden Administration from terminating the public health-related provision to keep out immigrants.Because he was struck by the Administration’s acknowledgment that the U.S. government had already begun to shift how it was treating individuals from the Nothern Triangle nations, he also ordered that the government provide weekly reports. The Termination of Title 42
Continue Reading BREAKING: AZ Gets Nationwide TRO To Keep Title 42 In Place At Border (READ Order)

Arizona’s Law has confirmed that the Plaintiffs have immediately appealed this morning’s dismissal to the Arizona Supreme Court. Election challenges such as this bypass the intermediate Court of Appeals, and must be decided “promptly”. The process usually takes only a few days and is without oral argument; the court usually issues a short ruling and follows up with a detailed Opinion months later. (This is a developing story. Please check back for further details.)This article was reported by AZ Law founder Paul Weich. Paul is currently running for a seat in Arizona’s House of Representatives.“AZ Law” includes articles,
Continue Reading BREAKING: Superior Court Judge DISMISSES Challenges Against Biggs/Gosar/Finchem (READ Opinion)

(The following is an introductory commentary written by Chandler attorney Tom Ryan.)In 2016, then Arizona Secretary of State boldly announced she would not update the Arizona Elections Manual. As a concerned citizen – and recognizing the absolute folly of such a position – I took pains to point out that such an intentional dereliction of duty was a violation of Arizona law. I took time out of my busy practice to advise the Attorney General he needed to take action to ensure that the Arizona Elections Manual would be appropriately prepared in time for the 2016 election cycle. Attorney
Continue Reading EXCLUSIVE: Incredible Chutzpah! AG Brnovich Decides Elections Manuals Are Important Enough To Sue… Unless the Secretary of State Is Republican (READ Letters, Complaint))

 In a crushing defeat to public education advocates who collected enough signatures to place Arizona’s 2021 flat tax on this coming November’s ballot, the Arizona Supreme Court has determined that the taxing measure was not subject to citizens’ constitutional referendum powers because it falls within an exception.”The Court finds that §§ 13 and 15 of S.B. 1828 do fall within the support and maintenance exception to the Arizona Constitution, and thus may not be referred to the voters,” declared the en banc order handed down this afternoon. No dissent was noted.The decision is a major victory for the Arizona Free
Continue Reading BREAKING: Flat Tax Referendum THROWN OFF The November Ballot, AZ Supreme Court Rules (READ Decision)

A U.S. District Court Judge  today denied the Biden Administration’s effort to pause an immigration case filed by Arizona Attorney General Mark Brnovich until after the U.S. Supreme Court rules in Biden v Texas. The immigration issue which Judge Michael Liburdi allowed to move forward is the remaining portion of the morphed case filed by the AZAGO challenging a possible COVID vaccine mandate. The USDOJ asked for the stay, claiming that there is significant overlap between the issues in this case and in the Texas case. The Supreme Court is hearing oral argument in the Biden v Texas case next
Continue Reading NEW: Judge Denies USDOJ Motion To Pause Brnovich Immigration Lawsuit Pending US Supreme Court Ruling (READ Order)