Why Do Plaintiffs’ Attorneys in Racial Profiling Case Want to Depose Cold Case Posse Lead Investigator?

MIKE ZULLO SUBPOENAED

by Sharon Rondeau

Mike Zullo speaking at a March 1, 2012 press conference declaring that the Maricopa County Cold Case Posse had found Obama’s long-form birth certificate and Selective Service registration form to be “computer-generated forgeries”

(Sep. 30, 2015) — On September 22, 2015, a subpoena was issued to Michael Zullo, lead investigator of the Maricopa County Cold Case Posse, which has been conducting an investigation over the last four years of the image posted on the White House website purported to be Obama’s long-form birth certificate from Hawaii.

Melendres-v-Arpaio-MCSO CCP Mike-Zullo-Subpoena

Zullo has been asked to testify on several different dates beginning on October 7, 2015 in the case of Melendres, et al v. Arpaio, et al, which alleged racial profiling on the part of Maricopa County Sheriff Joseph M. Arpaio, his agents, and Maricopa County as a whole.

The case was originally filed in February 2007 and was ruled on favorably for the plaintiffs in December of that year.

In December 2013, Snow determined that Arpaio’s deputies had violated the constitutional rights of certain Latinos and while performing immigration sweeps and traffic stops and ordered amelioration steps to be taken, including the appointment of a monitoring team to ensure that corrective actions were taken.

The plaintiffs are represented by the ACLU and Covington & Burling, a firm where former Attorney General Eric Holder and one of his assistants, Lanny Breuer, are now employed.

Arpaio appealed Snow’s ruling to the Ninth Circuit Court of Appeals, which upheld it with the stipulation that the monitor’s work remain narrow in scope, dealing only with remediation of the constitutional rights violations.

In March, Arpaio admitted that his office did not follow all of Snow’s orders, after which Snow scheduled hearings for a civil contempt trial beginning in April.

During testimony on April 23 and 24, respectively, Arpaio and his chief deputy, Jerry Sheridan, answered Snow’s pointed questions about an investigation conducted by former CIA and NSA contractor, Dennis Montgomery, apparently spurred by an article in the highly-politically-charged Phoenix New Times which reported “Joe Arpaio’s Investigating Federal Judge G. Murray Snow, DOJ, Sources Say, and Using a Seattle Scammer To Do It,” referring to Montgomery.

Following the attacks of September 11, 2001, Montgomery provided software he developed to several U.S. government departments. In an article written by Aram Roston for Playboy published in the January/February 2010 issue, Montgomery was said to be a “con man” who convinced the government that he had developed software which could detect hidden codes in Al Jazeera broadcasts predictive of impending terorrist attacks. Roston’s article was widely quoted and disseminated.

Arpaio and Sheridan responded to Snow that the project was unrelated to the racial profiling case and involved some type of surveillance reportedly conducted over tens of thousands of Maricopa County residents’ bank accounts, federal judges’ email accounts, and possibly members of the MCSO.

Sheridan stated during his testimony that MCSO personnel were given to believe that the CIA was tapping their phone lines.

In 2006, Montgomery’s residence was raided by FBI agents in an action which a federal magistrate and judge stated was a violation of his Fourth Amendment right to protection from illegal searches and seizures.

Snow also asked about an alleged investigation into his wife on the part of the sheriff’s office, which most of the mainstream media misrepresented.  Arpaio and Sheridan testified that Snow’s wife was never the focus of any investigation; rather, the veracity of a private citizen who reported comments Snow’s wife allegedly made to her in a restaurant regarding Judge Snow’s negative opinion of Arpaio was the object of the probe, which was commissioned by one of Arpaio’s attorneys.

Neither Snow nor his wife denied that the comments were, in fact, made.

Several PNT articles state that Zullo was involved, perhaps tangentially, in Montgomery’s investigation,

A New York Times article on the subject to which The Post & Email had linked on May 20, 2015 is no longer available.

Arpaio is the only sheriff in the United States who has investigated the long-form birth certificate image posted on the White House website on April 27, 2011 bearing the name “Barack Hussein Obama II.” Arpaio delegated the investigation, now more than four years old, to his Cold Case Posse so as to avoid any taxpayer expense.

Conversely, the services of the court-appointed monitor, Robert Warshaw and his associates, has cost Maricopa County residents in the millions of dollars.

After approximately six months of investigation, Arpaio and lead investigator Mike Zullo gave a press conference in which they revealed that they had concluded that the long-form birth certificate image and Obama’s Selective Service registration form are “computer-generated forgeries.”

A second press conference held on July 17, 2012 indicated that the standard of probable cause in the forgery of the birth certificate had been surpassed. Zullo and Arpaio then called upon Congress to launch its own investigation.

Congress and the media remained silent.

Montgomery has attempted twice to intervene in Melendres but was denied by Snow.  He also asked that the data he provided to the MCSO be withheld from the U.S. Department of Justice, which had requested it, also denied by Snow.

On May 15, 2015, Montgomery’s attorney, Larry Klayman, expressed in a WND column that he believed Snow was unethical and should be removed from the bench for failing to recuse himself from the case.  “Despite his conflict of interest and obvious prejudice against Sheriff Arpaio, just in the last week or so, during the course of the trial, Judge Snow called the sheriff to the witness stand and, asking leading questions, interrogated him and later his chief deputy, Jerry Sheridan, about investigating the judge over his wife’s prejudicial comments. Judge Snow was thus strategically using a judicial proceeding upon which he was presiding, for his own personal reasons, to cover up the admissions made by his wife, unethically creating a clear conflict of interest. As bad, during the course of the questioning, Snow used the opportunity to go off on an irrelevant witch-hunt regarding what the sheriff and his deputies were allegedly doing with informant Dennis Montgomery, also my client. Montgomery is a whistleblower who has the goods on illegal surveillance by the NSA and CIA,” Klayman wrote.

In August, Montgomery was granted immunity by the FBI after an interview he gave relative to his lawsuit against new York Times columnist and author James Risen, who Montgomery claims defamed him by writing in his book that Montgomery “was the maestro behind what many current and former U.S. officials and others familiar with the case now believe was one of the most elaborate and dangerous hoaxes in American history.”

In November 2013, Zullo said in an interview with “Freedom Friday” host Carl Gallups that the Maricopa County Sheriff’s Office and the posse were preparing to release their final conclusions in the birth certificate investigation within the next several months. However, the following month, Zullo reported that new information unexpectedly presented necessitated a delay in the much-anticipated press conference which had been planned for March 2014.

The new evidence initiated a second criminal investigation launched by Arpaio.

In February of this year, Arpaio indicated in several interviews that his office was in the process of discovering “who did it,” meaning the creation of the fraudulent birth certificate image.  In an interview with former U.S. Senate candidate from Alaska Joe Miller in February, Arpaio stated that Obama was “likely not qualified to work at the Maricopa County Sheriff’s Office.”

Article 2, Section 1, clause 5 of the U.S. Constitution requires that the president and commander-in-chief be a “natural born Citizen.”  While much controversy has arisen over the meaning of the term placed in the Constitution at the urging of Founding Father John Jay, historical essays, commentaries, statements made on the Congressional Record, and previous instances where presidential candidates’ eligibility was questioned indicates that the citizenship of the parents is a formidable factor in determining the citizenship of the child.

Obama claims a birth in Honolulu, HI on August 4, 1961 to a U.S.-citizen mother and Kenyan-citizen father. At the time, however, Kenya was a British colony, which would have made his claimed father a British citizen.  In December 1963, upon Kenya’s declaration of independence from Great Britain, all of its citizens became Kenyan citizens.

On his 2008 campaign website, Obama claimed dual citizenship with Kenya and the United States. While the dual citizenship of Texas Senator Ted Cruz was questioned in August 2013 as speculation arose regarding his intent to seek the presidency, no such questions were raised when Obama sought the office.  Anyone who questioned his birthplace, life narrative, eligibility or allegiance was ridiculed, scorned, spammed, threatened, and labeled “racist.”

In September 2012, Zullo said in an interview that Obama “is the only American president that has aliases,” of which Zullo said there were three.  Speaking with Rick Wiles of TruNews, Zullo said Obama’s first book, Dreams From My Father, was written “to give him a cover story for a life that never happened.  Everything about him is a story, and every document attached to him is fraught with problems.”

Earlier this month, Klayman told the judge presiding over Montgomery’s lawsuit against Risen that “For the last year, Mr. Montgomery has, for more than a year, [sic] has been coming forward as a whistleblower to the NSA, the CIA, the Department of Defense, the FBI, and the Department of Justice and other agencies, including Congress in trying to provide information to the FBI so they could look at it. Because one of the things that he has that is not part of this lawsuit, is what appears to be unconstitutional surveillance on hundreds of millions of American citizens, including federal judges. So that has been turned over to the FBI.”

Zullo and Arpaio have already turned over emails and 50 hard drives to the court as requested by Snow.

Snow was also designated to preside over a lawsuit filed by the U.S. Department of Justice against Arpaio in 2010 which culminated in a settlement agreement.  Judges are reportedly chosen randomly.

In May 2012, Justice filed a civil rights and abuse-of-power lawsuit against Arpaio scheduled to go to court last month but also ultimately settled out of court with the exception of one item.

A criminal probe of Arpaio launched by the DOJ was mysteriously abandoned at the end of August 2012, citing insufficient evidence to charge him with abuse of power.

Prior to the issuance of Zullo’s scalls and events allegedly occurring among Snow, the Department of Justice, and the law firm Perkins Coie, which defended Obama in numerous lawsuits challenging his constitutional eligibility, appears.  Also mentioned are Covington & Burling and former U.S. Attorney for the District oubpoena, Arpaio’s attorneys requested that the Montgomery investigational materials be excluded from scrutiny in an “in limine” motion which Snow denied.

In a September 23, 2015 WCED radio interview with guest Jeff Harrison, who has worked to publicize the findings of the posse over the last three and one-half years, the host compared Arpaio to investigative reporter Jim Garrison, who probed the JFK assassination.  “As he was getting close with some real answers, the federal government came down on him,” the host said of Garrison.

In an appendix to the subpoenas, a list of phone calls reportedly made among the U.S. Department of Justice; Snow; Snow’s former law clerk, John Gray; and U.S. Attorney for the District of Arizona, Dennis Burke, who resigned after the Fast & Furious gunrunning scandal became public appears.

Two consecutive lines of the report read:

Two blank pages marked “Confidential” then appear, followed by a flow chart indicating “firewall breaches” from the DOJ to “Maricopa.gov Servers” and the Jones, Skelton, & Hochuli law firm, which represents Arpaio.

An entry at the bottom of the flow chart states that “This page is still under construction.”

According to Gallups during a May broadcast of his show, Montgomery has provided “reams and reams” of data on mass surveillance carried out by government departments.  “Apparently, there were people involved in tracking information and collecting information on citizens, including judges and including law enforcement officials, etc., around the nation, coming right out of our government offices, and apparently Arpaio and Zullo are privy to a lot of that,” Gallups reported.

Last year, Zullo confirmed that “gut-wrenching” information will be released after three “legal hurdles” are overcome.  Two of the three obstacles have reportedly been resolved.