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by Sharon Rondeau

The Melendres case accused Maricopa County, AZ Sheriff Joseph M. Arpaio, four deputies and Maricopa County of violating Latino plaintiffs’ civil and constitutional rights

(Dec. 3, 2015) — A comment left at BirtherReport.com on Tuesday by “JeffProv19_9” relating to Mike Zullo’s November 12 and 13 testimony in the case of Melendres, et al v. Arpaio, et al appears to indicate that the commenter read the court transcript, although it has not been made public as of this writing.

Zullo had provided oversight of Maricopa County Sheriff’s Office (MCSO) confidential informant Dennis Montgomery for approximately a year, whose work became a focal point in the lawsuit in April.

Joseph M. Arpaio is Maricopa County sheriff, now serving his sixth consecutive term.  Arpaio hired Montgomery after Montgomery claimed to have information that approximately 150,000 residents of the county had had their banking information breached by a government entity.

Montgomery has worked as a contractor for the CIA and NSA in the past.

In the second paragraph of his multi-paragraphed comment, “JeffProv19_9” provided a link to a website documenting the daily activity in Melendres which was not functional for this writer.   When logging on to the website from an internet search and scrolling down to the latest postings, the transcript of Zullo’s testimony does not appear to be posted as an “ECF” document.

Local media who attended the hearings did not substantively report what Zullo said once he decided to respond to questions from plaintiffs’ and defendants’ attorneys on November 12.  While journalists widely reported his invocation of the Fifth Amendment during the depositions of October 23 and November 9 and in court on November 10, none sought to interview him following his testimony.

“JeffProv19_9” initially indicated that the transcript of Zullo’s testimony is “250+ pages” and that the November 12 session consists of 119 pages.

As JeffProv19_9’s comment may be difficult to locate, it is reproduced here in its entirety:

JeffProv 19_9

You are correct that this information was discussed, but the thrust of Mr. Zullo’s testimony (I read all 250+ pages) was that Montgomery couldn’t validate any of his claims. This is a repost, but please see below my summary of Mr. Zullo’s testimony based on the transcripts.

I reviewed all 119 pages of Mr. Zullo’s 11/12/15 testimony found here: http://tesibria.typepad.com/wye/the-mcso-seattle-….

I’ll first summarize key points and then provide key quotes:

1) After pleading the 5th for some four hours, Mr. Zullo provided detailed testimony.

2) Lawyers were trying to paint a picture that Arpaio via Zullo were working with an informant (Montgomery) to gather data on Judge Snow in order to “destroy the life” of Judge Snow. (Recall Montgomery was the former CIA contractor turned whistle blower who claimed the CIA illegally gathered sensitive data on millions of Americans, including some 151,000 in Maricopa country.)

3) Mr. Zullo broke his silence to set the record straight. According to Mr. Zullo’s testimony, Montgomery said the CIA hacked sensitive information on Federal Judges (including the SCOTUS and judges in AZ) and Montgomery had that data. Mr. Zullo didn’t know any Federal judges in AZ, except he knew Arpaio was dealing with a Federal Judge in the “Melendres thing”. He googled the case to find the judge’s name – “Gordon Murray Snow”.

4) Mr. Zullo had Montgomery search his”CIA harvested” database for “Gordon Murray Snow”, and within 4 minutes they had a “hit” that not only was he in the database, but it had his bank and IRS information.

5) Mr. Zullo still had no idea if Montgomery had anything, but after consulting with Arpaio and others they decided this would be a good way to find out. They would ask Montgomery to provide everything he had on Judge Snow, and then Arpaio (and Zullo?) would take the data and go to Judge Snow (in chambers) and ask the Judge to review the data to see if the data was valid or bogus.

6) If the Judge confirmed the data as accurate, “… it opened up one hell of a door for us to go to the federal government having Montgomery in possession of stuff that nobody on this planet should have. It would prove a breach of banks; it would prove a breach of a government facility [the IRS]

7) The pursued/worked with Montgomery for over a year, and he never could produce the data. During this year, it was Mr. Zullo’s job to play “good cop” to try to convince Montgomery he believed him and was on his side. In truth, they only wanted to know if 151,000 Maricopa citizens had been hacked, and if Arpaio’s phones were tapped.

8) During this year, Arpaio doesn’t know what to do with Montgomery, and they work with another Federal Judge (Lamberth) to figure out what to do. If Montgomery has real data, he needs to be turned over to the Feds (FBI, DOJ or Congress) – but if this is just a con and there is no data, its not really a Federal issue. Eventually Zullo brings in former NSA employees and they conclude the data on 40 harddrives is garbage/junk (but I think there were 540 drives in total, and Zullo only had 40).

9) So after a year Apraio, and a conclusion that Montgomery had nothing, he abandons Montgomery. But Montgomery links up with Larry Klayman (acting as his attorney), and strikes a deal with the FBI “for production immunity on 600 million records”

10) Mr. Zullo states the ultimate goal was to get Montgomery to work cooperatively with the Feds, and though it took a year, it ultimately worked. Without Montgomery’s cooperation, Zullo believed the encrypted data on the multiple drives could not be recovered – thus getting Montgomery’s cooperation was crucial.

11) So, here’s where it gets even weirder. While A&Z concluded the data on AZ citizens and judges was bogus, Montgomery did have some real data. Mr. Zullo recounts a phone call with Detective Mackiewicz. Without Zullo’s involvement, Mackiewicz had older bank account and password information purportedly belonging to an unidentified Microsoft executive. Mackiewicz took the information to that Microsoft exec and he VERIFIED it, and also got very upset that someone had penetrated his “impenetrable” passwords. So Montgomery cannot be written of as simply a conman.

There you have it. This is under oath and personally I believe Mr. Zullo. He went through a “brain damage dance” with Montgomery for a year, playing good cop. He notes, he didn’t get paid for this work, but he did it out of concern for his community.

No Law but Natural Law


Prov 19:9

On Thursday morning, The Post & Email asked Zullo if JeffProv19_9’s statements are accurate, to which he responded, “I read the post and I don’t have the transcript either.”  However, Zullo said he could “confirm that it appears to be accurate as far as I can recall with the exception that the information on the 150,000 people is not bogus.”

Zullo added that “Montgomery did have some things” but did not elucidate further.

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