Thursday, June 7, 2018

LISTEN: New APS RoboCall - We're Still Hearing Media Reports Of Scary Circulators

Arizonans for Affordable Energy, a group bankrolled by APS to oppose the proposed Clean Energy initiative has begun a new round of robocalls "warning" people to beware the petition circulators.

Arizona's Politics received the call Thursday morning, and was able to record it.

Matthew Benson, the indefatigable spokesman for AAFE, told Arizona's Politics that asking for the reactions of people who received the call "fascinating....(Y)ou're fine w/ them using felons (in violation of state law) but have a real beef with us letting people know about it."

Here's the call:

Of course, both halves of that statement are incorrect assumptions

From the inevitable legal challenges to previous initiative petitions, we have learned that petition gathering firms screen the people they hire to circulate for criminal records. People who have not had their voting rights restored following a felony conviction are not hired because they are not eligible to vote or to circulate petitions. (They are not ineligible due to safety concerns or identity theft concerns.) We have also learned that a few people with felony convictions typically slip through the screening efforts due to incomplete databases and varying laws regarding restoration of rights .

But, pretending that AAFE is simply making the calls as an (Arizona) public service when the calls (and videos) are clearly trying to use over the top scare tactics is not typical.




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BREAKING (OR, IS THAT "FIXING"): Arizona's Politics RE-POSTS McSally's Missing DACA Video Plus Transcript

This afternoon, CNN broke the news that Arizona Rep. Martha McSally (R-CD2) has removed a year-old video in which she urges the White House to assure DACA recipients that they be "protected" until there is a legislative fix. The video was removed from her Congressional website (and from her official YouTube channel).

As a public service, Arizona's Politics is re-posting both the removed video and a transcript of McSally's comments - in which she also states that "uncertainty certainly brings fear to my constituents that are in this limbo."

CNN's KFile investigative unit published their article online*, explaining why it was the office of the Congresswoman-and-now-Senate-candidate who deleted the video. And, while the removal is certainly a newsworthy action - given McSally's drift to a hardline DACA position since Sen. Jeff Flake (R-AZ) announced that he would not seek re-election - the continued presence of the video from other sources is also important to note.

McSally's comments came during a House Homeland Security Committee hearing on President Trump's budget request for the Department of Homeland Security. McSally was questioning then-DHS Secretary (now Trump Chief of Staff) John Kelly.

The Committee still has the video from the hearing posted on its website. (Fortunately, there is no 2-minute gap.) The video below should start from the DACA discussion.


Here is the transcript (from Google, with light editing for clarity by Arizona's Politics) of their interaction about the Deferred Action for Childhood Arrivals:

McSALLY: Thank you, and I want to
117:56
follow up on the DACA issue. You know,
117:58
while I don't agree with kind of how it
118:00
was done from roles and responsibilities
118:03
of the branches of government, the
118:04
reality is that we're dealing
118:05
with real people. These kids who were
118:07
brought here into the country at no
118:09
fault of their own as children as you
118:10
know. In Arizona there's 57,000 of them,
118:13
and because of the program they came
118:16
forward to the government. They gave
118:18
their personal information - where they
118:20
live, they their biometric data, their
118:22
fingerprints. They went through a
118:24
background check, they've graduated from
118:25
high school, they've served in the
118:26
military. And I agree with you that we
118:30
need to come up with a legislative
118:31
solution here to address this issue and
118:33
I'd urge our colleagues to do that. I
118:35
think Carlos Curbelo’s bill is a good
118:37
place to start and I really think we
118:39
need to move that forward. But in the
118:40
Meantime, uncertainty certainly brings
118:42
fear to my constituents that are in this
118:45
limbo. Can you assure my constituents who
118:49
are in this place - until we solve this
118:51
legislatively -  that they are going to be
118:53
protected and that they're not having to
118:56
worry about it.
KELLY: As I said many, many, many
119:00
times on this topic we are not targeting
119:02
DACA recipients. But that said and it's
119:08
I'm not gonna let you off the hook you
119:09
got to solve this problem. A different
119:11
man in this job, a woman, might have a
119:14
different view of it. I'm not going to
119:16
let the Congress off the hook. You've got
119:17
to solve it. A different person in this
119:19
job might have a different view.
McSALLY: And, and
119:22
I agree with you again I want to urge
119:23
our colleagues on both side of the aisle
119:24
to deal with reality. Forget about
119:26
ideology or how we got here, but now
119:29
we're dealing with reality and we got to
119:30
solve this problem based on what's
119:32
practical and what's compassionate and
119:34
also upholding the rule of law and in
119:36
the precedent. So I appreciate that, thank you.
119:38
you mr. secretary

McSally is in a much-publicized three-way primary contest against immigration hardliners Joe Arpaio and Kelli Ward. (The current frontrunner for the Democratic nomination is Rep. Kyrsten Sinema.)

*CNN's headline indicates that McSally was "Praising DACA"; however, there are no real words of praise from either McSally or Kelly. Rather, she is acknowledging that the reality on the ground is that the DACA recipients came forward and gave the government lots of information.





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Monday, May 21, 2018

JUST DESSERTS - OR, IS THAT DESERTS: Arizona Governor Ducey Dines With President Trump, And Ice Cream Headaches Ensue

Maybe it mostly reflects what's on my mind the most during summer, but my first thought was "ice cream." Whether Arizona Governor Doug Ducey brought a gift of the President's favorite creation, whether Ducey (and, everyone) only got a "like it" while Trump got a "love it", etc.

(Add in your thoughts, below.)


For new readers who are not aware, Gov. Ducey was the CEO of Cold Stone Creamery before running for State Treasurer in 2010.

(h/t to Chris Herstam for capturing photo)

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Cox v. Collins - Arizona Decision






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Tuesday, May 1, 2018

GOING TO TRIAL: Corporation Commission Corruption Case Set For Trial This Month, Judge Denies Most Of Defendants' Pre-Trial Motions and Says Lobbyist's Ex-Wife-Turned-Informant Can Testify

The federal bribery trial for the former Chairman of the Arizona Corporation Commission, his wife, a prominent lobbyist and a utility owner remains set for trial later this month, and the Judge yesterday denied nine of the Defendants' pre-trial motions to dismiss the case or to limit the evidence that the government can use. In so doing, he found that the lobbyist's ex-wife-turned-informant can testify.

(photos compiled by azfamily.com)
The trial of former Chair Gary Pierce, his wife Sherry, lobbyist Jim Norton and utility owner George Johnson will begin on May 30. Yesterday, U.S. District Court Judge John Tuchi accepted arguments from attorneys for both sides for 1 1/2 hours, and asked for further argument on whether former Corporation Commission Utilities Chief Thomas Broderick should be permitted to testify against the defendants.

Broderick abruptly quit as Director of Utilities in August 2016, after only one year on the job. The indictment was handed up in May of the following year.

The Court also partly granted a defense motion to dismiss or break up Count Two of the indictment - which alleged that Sherry Pierce was paid for a "job" in which she had no tasks to perform and that a proposed real estate transaction was set up to benefit the Pierces.

Judge Tuchi denied Norton's motion to exclude any information provided to the FBI by his former wife. He had attempted to invoke the marital privilege; however, the privilege does not apply if both spouses are involved in criminal activity. Kelly Norton reportedly told the FBI details about the proposed real estate transaction and the payments to Ms. Pierce. (Ms. Pierce was working for Rep. Andy Biggs when the indictment was announced; he eventually let her go.)

During the pre-trial phase, there were indications that the FBI is still investigating other possible crimes that could be jeopardized by revealing details of the investigation. Those questions have not yet been answered.

The Court also denied motions to dismiss the case - or parts of the case - based on 1st Amendment grounds, alleging improper grand jury proceedings, and violating the statute of limitations.

The corruption case alleges that the Pierces received benefits from Johnson Utilities - through George Johnson and Jim Norton - in return for ensuring that the Corporation Commission allowed small utility owners such as Johnson to charge their customers for the owners' personal income taxes.


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Monday, April 30, 2018

BREAKING: In New Ducey #20x2020 Proposal, Koch-funded "Freedom Schools" A Big Winner, Tucson Unified's Taxpayers A Big Loser

(UPDATE, 4pm: We have published a 13-page summary of the new budget reconciliation bill's provisions and an 8-page spreadsheet, at the bottom of this article. These come from the Legislature's website.)

Arizona's House Democratic Caucus had a chance to pick through Governor Doug Ducey's (R-AZ) new #20x2020 budget proposal designed (in part) to end the #RedForEd mass teacher walkout, and they uncovered some interesting items.

Arizona's Politics monitored a good portion of it through the Legislature's video feeds, and confirmed these news items with the lawmakers. They were receiving the briefing from Stephan Shephed, the Joint Legislative Budget Committee's Fiscal Note Manager. (If we receive a response from the Governor's Office, we will pass it along.)

1) 

The 2 schools were already set to receive $5.5M from the state. The new proposal adds $2.0M. Rep. Kirsten Engel (D-LD10) told Arizona's Politics "This is outrageous."

Further, Rachel Leingang from the Arizona Republic had earlier shared this Associated Press report about how the Koch-funded freedom school at the publicly-funded George Mason University gave the Charles Koch Foundation a say in hiring and firing of the professors at the university.

2)
Rep. Clark (D-LD24) replied to our reporting by saying "It’s been a long-time goal of he GOP to cut Deseg. This would effectively force those school districts that suffer the most from segregation to pay for desegregation. This is the Victim Blaming Budget in so many ways."
Rep. Friese (D-LD9) notes that the new provision will shift $18M from the state to the effected districts' taxpayers, and that 90% of that amount - or, approximately $16.2M - will be borne by TUSD's taxpayers.
3.




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Thursday, April 19, 2018

FOLLOWING MONEY IN ARIZONA'S POLITICS: APS, T.W. Lewis, University of Phoenix Top Arizona Contributors' To RGA (Ducey) - LIST

APS, T.W. Lewis, and University of Phoenix lead the list of Arizona contributors to the Republicannews today that the RGA plans to immediately start running $330,000 worth of ads tomorrow to support Governor Doug Ducey and his #20x2020 plan to give raises to Arizona school teachers.
Gov. Ducey in RGA tent at Phoenix Open
Governors Association. This information became more critical with the



Arizona's Politics previously reported that APS had donated $100,000 to the RGA. That amount for the 2017-18 period is now $125,000, after a $25,000 contribution on March 8 (just disclosed this week). That matches the amount given by Tom Lewis and his T.W. Lewis homebuilding company. University of Phoenix lags behind at $100,000. 

These amounts are reported to the IRS periodically, per tax rules for political organizations such as the RGA. There is no restriction on contribution limits, and corporations may donate, too. The RGA has also set up an Arizona account, which is apparently the group placing these new ads.

According to the ad order (below), Phoenix-area viewers will see $194,000 worth of ads over the next 10 days. No Tucson market orders have yet been filed (with the FCC).

Arizona's Politics will shortly expand the list of major Arizona contributors to the RGA.


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FACT CHECK - FIRST ON AZ'S POLITICS: Arpaio Still Claims Mexican Drug Cartels Put $1M Bounty On His Head; He Exaggerated And His Deputies Promptly Gave Up On Investigating Claim (READ, INCIDENT REPORT)

Former Maricopa County Sheriff Joe Arpaio continues to claim that "the Mexican drug cartels put a $1 Million bounty on my head!" However, he and his spokeswoman exaggerated the story to a TV reporter and his own MCSO detectives quickly gave up on investigating the claim.

Arpaio made the unverified claim in a fundraising email yesterday, as evidence of how tough his Department had been on "violent drug dealers, callous human traffickers, and thousands of criminal gang members that were here illegally".

When then-MCSO spokeswoman Lisa Allen initially divulged the "threat" to a Fox 10 reporter in 2010, she indicated that the FBI had forwarded it to them, that it had been posted on the internet, and that we had to take it "credibly because, you know, he's such a lightning rod, and so many people don't like him because of his stance on this issue." That gave the then-Sheriff the opportunity to shrug it off on camera with a joke about how bad the Mexican economy must be because previous bounties had been $5M.

"I'm going to keep doing what I'm doing," he said. "It doesn't matter to me," the Associated Press report quoted him telling the TV reporter.

A public records request by Arizona's Politics reveals that much of the information fed to the reporter was false. The threat not only was simply a supposedly-viral, untraceable text message in August 2010, it also put a $10,000 bounty on ANY American. The report does not indicate that the FBI was involved in bringing it to the MCSO's attention - something that would certainly be included in the report. 

And, based on Arpaio's comments to the local Fox reporter, the 2nd half of the "threat" was not important for the public to know. (By the way, the FBI tip was not assigned to a Deputy until 1-2 days after Allen and Arpaio went public and said it was being investigated.)

The incident report (below) also shows that the extent of the investigation was finding out that the "several" recipients did not know where the messages came from, that the numbers appeared as either "restricted" or from outside the U.S. The message itself listed a Mexican phone number - however, it did not match any numbers in the Drug Enforcement Agency's database.

The simple report leaves "this case (is) open pending further investigation." However, the MCSO confirmed to Arizona's Politics that "a search of MCSO records...was not able to find any additional supplemental reports to this case." A followup conversation with an MCSO detective in the current threats unit also yielded no update.

Arpaio's Senate campaign has declined repeated requests to provide any supporting documentation for the claim. And, in fact, yesterday's fundraising email (below) repeated it after learning that Arizona's Politics was researching it.

This - and, many other - fundraising email helped Arpaio raise slightly more than $500,000 for his campaign to replace Sen. Jeff Flake (R-AZ).



***
(Arpaio email, 4/18/18)
As Sheriff of Maricopa County, Arizona, my officers and I locked up violent drug dealers, callous human traffickers, and thousands of criminal gang members that were here illegally. In fact, I was so effective that at one point the Mexican drug cartels put a $1 Million bounty on my head! 

It is clear to me, as I know it is to you, that our nation has an illegal immigration problem. 

But, MItch, this will not be solved over night, nor is it going to be solved by just one action. It's going to take many different actions, but one I feel strongly about is and I know President Trump agrees with me on is building a wall. 

I want to know what you think. Do you support building a wall? 


Please let me know by clicking on the link above and filling out my one question survey. 

MItch, we are at a crossroads for our nation's history and I want to know what side you are on. 


Please fill out my survey right away, and if you agree with me that building a wall is a critical step we need to take in solving our nation's illegal immigration problem, then please stand with my campaign by making a much needed financial contribution. 

I need your support and President Trump needs my vote. 

You have supported me in previous endeavors, and I hope and pray that I will have your continued support today. 

I need your support and President Trump needs my vote. 

Sincerely,
Sheriff Joe Arpaio 

P.S. Let me know if you support building a wall by clicking on the graphic immediately. Thanks. 

****

Thanks to Brian Reilly and Paul Weich, who contributed reporting for this article. Part of a continuing series.

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