Bill Montgomery Screws Up Tom Horne Complaint, Judge Recommends Dismissal

horne2.jpg
Smilin' Tom, with another reason to smile tonight...

There is one thing to keep in mind while reading about Administrative Law Judge Tammy Eigenheer's recommended dismissal of the civil case involving allegations of campaign-finance impropriety by Arizona Attorney General Tom Horne:

Horne still has his supposed mistress Carmen Chenal on the AG's payroll to the tune of $108,000.

I mention this because that tawdry piece of original sin is likely to get lost in the weeds during the discussion of Eigenheer's ruling, issued Tuesday.

See also:
-Arizona AG Tom Horne's Sex Scandal Scuttles Gubernatorial Bid
-Tom Horne May Triumph in Court, but Don't Count on a Win on Election Day
-Bill Montgomery Believes Law He's Enforcing Against Tom Horne Is Unconstitutional
-Bill Montgomery Loses in Petition to AZ Supreme Court on Medical Marijuana

Eigenheer found that Horne should be allowed to slide because the proper process for a campaign-finance complaint was not followed by Maricopa County Attorney Bill Montgomery and Arizona Secretary of State Ken Bennett.

Starting in 2011, Horne's office became the target of a massive FBI investigation, one in which scores of AG employees, donors to Horne, campaign workers, and Horne's family members were interviewed by the feds.

The FBI involved the Maricopa County Attorney's Office. And Horne himself was tailed by FBI agents.

Out of this morass came allegations of coverup, coaching witnesses, wire fraud, and obstruction of justice. However, no criminal charges were ever filed by either the U.S. Attorney's Office or the Maricopa County Attorney's Office.

In September, Montgomery forwarded to Bennett an investigation into whether Horne had engaged in illegal coordination in 2010 with Business Leaders for Arizona, an independent expenditure committee headed by Kathleen Winn, a former Horne volunteer who is now Horne's outreach director at the AG's office.

During the 2010 general election, BLA raised more than $500,000 to fund an attack ad against Horne's Democratic rival Felecia Rotellini. Some say the ad tipped the election in Horne's favor.

After Bennett reviewed the investigative file, he sent the matter back to Montgomery with a reasonable cause notice, finding that there was evidence of coordination, in violation of state statutes.

In doing so, Bennett chose Montgomery to enforce Arizona campaign-finance law, based on a new law that said the SOS could select outside counsel in place of the AG.

On October 11, Montgomery declared Horne and Winn to be in violation and ordered them to pay back BLA's donors the money BLA had spent. Horne and Winn immediately appealed to the Arizona Office of Administrative Hearings.

But Eigenheer ruled that, according to statute, Bennett should have made his probable cause finding to the AG's Office. The AG then would have had to declare a conflict of interest (obviously) and choose a different law enforcement agency to handle the matter.

"Because the Secretary of State did not have statutory authority to refer the matter to the Maricopa County Attorney's Office for civil enforcement," writes Eigenheer, "the Maricopa County Attorney's Office did not have the legal authority to issue the order requiring compliance."

She continues, "Thus, as a matter of law, the order requiring compliance is void . . . which requires dismissal of this matter."

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43 comments
ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

One set of laws for the TOP law enforcers in the state, another for the rest. Get informed folks, this is your America and justice system. Who creates the laws?

War on America:  Categories created for $$$'s. ICE-ification of America, Immigrants, Drugs, Child abuse / child sex crime industry -- $$$'s for the mass industrial prison complex making the U.S. #1 Jailer in the world. A shameful statistic.

"THE HOUSE I LIVE IN": New Film Exposes Economic, Moral Failure of U.S. War on Drugs. 2 of 2 - YouTube

http://www.youtube.com/watch?v=ioYkho-iyN8 

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Found in the blogs. 

6:00 AZ time, Fri. March 22nd, 2013 Many will be watching "HUBRIS" the documentary. 2 hours. 10 year anniversary of the U.S. invasion of Iraq. The path to lost peoples' Constitutional "rights", government lawlessness and TRILLIONS of $$$'s of debt and future cost going forward. Who is to be trusted to lead anyway? Arizona needs a major house-cleaning for its part in all this. Abu Ghraib prisons, foreign prisons, torture training, billions in profiteering, for starters. Now take care of the returning veterans, their families, their education and their major health care needs and stop slashing the budgets as they are returning home. 
     
ExpertShot

"Check out "HUBRIS" from MSNBC - don't let the war criminals (Bush, Rumsfeld, Cheney, Rice, et al.) get away with it.  They need to feel the wrath of the families of our dead and wounded soldiers!  They're trying to steer the public into thinking that Iraq was a war of liberation.  We need to make sure the people remember that it was Weapons of Mass Destruction that we were after.  They knew there were no WMDS and yet they lied to us and our congress in order to benefit their oil and military industial corporate masters. 

March 22nd they will be airing the show again - GOT TO WATCH IT PEOPLE!"  

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

One set of laws for the TOP law enforcers in the state, another for the rest. Get informed folks, this is your America and justice system. Who creates the laws?

War on America:  Categories created for $$$'s. ICE-ification of America, Immigrants, Drugs, Child abuse / child sex crime industry -- $$$'s for the mass industrial prison complex making the U.S. #1 Jailer in the world. A shameful statistic.

"THE HOUSE I LIVE IN": New Film Exposes Economic, Moral Failure of U.S. War on Drugs. 2 of 2 - YouTube

http://www.youtube.com/watch?v=ioYkho-iyN8 

DaveKAz
DaveKAz

Funny how there's never enough evidence to indict another Republican.  How convenient for Monty and Horne(y).  Bet you or I would never be as lucky...

Tommy_Collins
Tommy_Collins

This political faux pas likely was no accident. I will assume it was carefully perpetrated by Mr. Montgomery for the very purpose of having it appear that he was taking action against Mr. Horne and the darn courts came up with this sticky wicket issue of violation of due process.

Much the same that Mr. Montgomery charged Mr. Horne and is now saying the very law he was charged with having violated is unconstitutional.

Could it be that Mr. Montgomery is simply the Arizona Republican  Party concubine?

One has to wonder.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

http://www.azcentral.com/opinions/articles/20130320editorial-horne-needs-day-court.html

HORNE NEEDS DAY IN COURT         The Republic | azcentral.com  Wed Mar 20, 2013 7:09 PM

excerpt:  "Tom Horne deserves his day in court. So do voters.

Arizona deserves to know whether he and fellow state employee Kathleen Winn violated campaign-finance laws.

There should be no residual odor to haunt Arizona’s attorney general as he represents the state before the U.S. Supreme Court. No lingering hint of rotting fish as he ponders a run for re-election or higher office.

A recommendation by an administrative-law judge to dismiss the case against Horne and Winn on technical grounds is not a vindication, despite what Winn’s attorney says." ..... 


"At the time, Horne was quoted as saying: “The evidence will show that we did not coordinate (campaign-finance activities).”

But there’s been no hearing to review the evidence.

Horne and Winn appealed Montgomery’s compliance order. Tuesday’s ruling from Judge Tammy L. Eigenheer recommended tossing out the case because the law says the secretary of state is supposed to refer such matters to the Attorney General’s Office.

Bennett didn’t follow the letter of that law. Instead of asking the fox to look into whether anything unusual happened in the henhouse, Bennett turned to Montgomery. The judge said that wasn’t right.

OK. But Horne is Arizona’s TOP law-enforcement official. He would complain about a criminal released on such a thin technicality. He shouldn’t seek the same refuge.

Arizona deserves to see him cleared — or not — based on a hard look at the evidence.

Not a soft landing on a technicality."  

glenn.gimbut
glenn.gimbut

And I suppose that the lesson Tom Horne learned was to not eat at Pita Jungle. 

JohnQ.Public
JohnQ.Public

@stephen.lemons Stephen - would you remind us of the outcome of the case against the Sheriff's Command Association and Joel Fox.  Did either the AG or the MCA ever achieve a successful enforcement action in that case?

DNichols
DNichols

This picture of Horne looks like he is on "Medicinal" Weed?

Typical "Justice" in the "Good Ole Boys Club Az."

MaskedMagician1967
MaskedMagician1967

Why am I not surprised?

Of course MontyPug finds a way to let his Republican buddy Tom "Banned for Life by the SEC" Horne off the hook. He did the exact same thing with the Pearce recall. He let twice-disgraced, corrupt, narcissistic and mentally sick Pearce off the hook for the Fiesta Bowl scandal.

slappy
slappy

Montgomery needs to assign this case toUnfrozen Caveman Lawyer.  Unfrozen Caveman Lawyer will do a better job in convicting Horne. 

david_saint01
david_saint01 topcommenter

wow, i feel confident in trusting the authority of this state....NOT...shit, if the AG can get away with breaking the law in such a blatant fashion, how the fuck are we supposed to trust the upper echelon of our state Govt? I suspect he will get his hit and run case dismissed on some technicality next also..

danxranx
danxranx

That dude jsut looks corrupt as teh day is long lol.


www.Puter-Anon.tk

DejaVu
DejaVu

This is NOT NEWs, its business as usual.

Cozz
Cozz

LOL...never expected anything different from the Arizona Corrupt Justice System.

This place and it's justice system in a joke.

Eleanor_Holguin
Eleanor_Holguin

If Monty can't get this right what is he doing for "The People"? 

Eleanor_Holguin
Eleanor_Holguin

This sounds way to suspicious for me to believe it was any sort of accident. They all blow each other when they need favors. 


As for the comment below about Horne and he ability to woo women.....HAH!!!!! 

Slappy
Slappy

People underestimate Tom's charm and the affects he has on women.He has the ability to reverse menopause.Women at the Attorney General's Office fight for his attention.In fact, if they ever redesign the 100 dollar bill, it will be adorned with his boyish good looks.

Tom will be celebrating his victory at the Electric Psychedelic Pussycat Swingers Club this weekend.Tom Horne is the real International man of Mystery.James Bond's series is based on his life.It is an established fact a lock of Horne’s hair was traded in Europe for a Grand Chateau.His Gold Jag was gifted to him by one of his many lovers.Don't hate on Tom.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

The "shoot first, ask later" mentality of the military war-hawks that failed to think, plan, organize and look to the future horrific consequences. ALL need to learn from history. Study Vietman!  Study the pre-Hitler era -- that we are living in now.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

THE REAL STORY BEHIND THE INVASION OF IRAQ


Now an MSNBC Documentary, hosted by Rachel Maddow

Filled with news-making revelations that made it a New York Times bestseller, Hubris takes us behind the scenes at the White House, CIA, Pentagon, State Department, and Congress to show how George W. Bush came to invade Iraq - and how his administration struggled with the devastating fallout.

Hubris connects the dots between Bush's expletive-laden outbursts at Saddam Hussein, the bitter battles between the CIA and the White House, the fights within the intelligence community over Saddam's supposed weapons of mass destruction, the outing of an undercover CIA officer, and the Bush administration's misleading sales campaign for war. Written by veteran reporters Michael Isikoff andDavid Corn, this is an inside look at how a president took the nation to war using faulty and fraudulent intelligence. 

It's a dramatic page-turner and an intriguing account of conspiracy, backstabbing, bureaucratic ineptitude, journalistic malfeasance, and arrogance.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Appropriations head,John Kavanaugh, as a former NY police officer, ignores this crisis, deflects the public's attention with an insane public "bathroom toilet" law!  Wasting the taxpayers' money and the limited time of the legislative session. 

And we wonder why the state and the nation is self-destructing itself to enrich a small handful of profiteers laughing at people. Wake up folks!

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@Tommy_Collins

One set of laws for the TOP law enforcers in the state, another for the rest. Get informed folks, this is your America and justice system. Who creates the laws?

War on America:  Categories created for $$$'s. ICE-ification of America, Immigrants, Drugs, Child abuse / child sex crime industry -- $$$'s for the mass industrial prison complex making the U.S. #1 Jailer in the world. A shameful statistic.

"THE HOUSE I LIVE IN": New Film Exposes Economic, Moral Failure of U.S. War on Drugs. 2 of 2 - YouTube

http://www.youtube.com/watch?v=ioYkho-iyN8 

Edit (3 minutes)"The House I Live In": New Film Exposes Economic, Moral Failure of U.S. War on Drugs. 2 of 2ShareDelete

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@Tommy_Collins  You must have missed this. Informed citizens seem to draw similar conclusions.

truthseeker: Strategy: How to taint a case for your cronies.

Wrong jurisdiction? Like MCAO Bill Montgomery didn't know when he started the process?  

This case belonged -- not in the Civil Court,  but IN THE CRIMINAL COURT,  in a state where the "people" -- if Appropriations John Kavanagh's emergency bill has his way -- will face a misdemeanor and 6 months in jail for walking into the wrong bathroom (need birth certificate to denote gender). 

Montgomery says he will appeal. He should personally take it ALL the way to the U.S. Supreme Court, like AG Horne would say and do!  Has Montgomery got the guts? He has no trouble destroying mothers and children's lives on a daily basis.

One set of laws (ABSOLUTE IMMUNITY) for the 'officials" ( top law enforcers), another set of laws for the people.  

A victory lap for corruption!

Enjoy your day voters.

JohnQ.Public
JohnQ.Public

Actually, I don't recall if there was any successful enforcement actions that came out of the SCA scandal and couldn't find any resolution with a quick google search - anyone recall the outcome of the investigation into SCA?

Cozz
Cozz

@david_saint01  

Anyone that trust anyone in State Government here in Arizona is a complete idiot.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@CozzStrategy: How to taint a case for your cronies.

Wrong jurisdiction? Like MCAO Bill Montgomery didn't know when he started the process?  

This case belonged -- not in the Civil Court,  but IN THE CRIMINAL COURT,  in a state where the "people" -- if Appropriations John Kavanagh's emergency bill has his way -- will face a misdemeanor and 6 months in jail for walking into the wrong bathroom (need birth certificate to denote gender). 

Montgomery says he will appeal. He should personally take it ALL the way to the U.S. Supreme Court, like AG Horne would say and do!  Has Montgomery got the guts? He has no trouble destroying mothers and children's lives on a daily basis.

One set of laws (ABSOLUTE IMMUNITY) for the 'officials" ( top law enforcers), another set of laws for the people.  A victory lap for corruption!

Enjoy your day voters.

JohnQ.Public
JohnQ.Public

@Eleanor_Holguin I'm not usually a defender of Monty and can't believe that I'm saying this, but for "The People" he's prosecuting accused murderers like Jodi Arias.  We'll see how his office does on that one - that's where you should base your judgment about the effectiveness of his office. 

Oh, and he's also keeping very dangerous alleged undocumented dishwashers and laborers off the streets by charging them with class 4 felonies so they are non-bondable, thereby protecting the safety of our community from these vicious criminals (please note the sarcasm in my voice).

IdontRecall
IdontRecall

SLOPPY, BUAHAHAHAHAHAHAHAHAHAHAHA, Either U might be Tom ELMER FUDS Himself or a USEFUL IDIOT trying to get promoted, -better yet, might I say CC-by means of ADULATION. It's unfucking believeable how can anybody adulate and make such a ludricous statement about this CRIMINAL who suppose to UPHOLD THE RULE OF LAW. How can somebody be involved in a HIT AND RUN witnessed be 2 FBI agents and try to get away with it just by denying it. BTW if He has the ability to reverse Menopause, He might do it for the DRUNKARD GUV and His lover  and while at it, do it for the "women that fight for His attention" as well.....the $100 bill would never carry a FUCK FACE like that, only one of those cartoon like bills would...man of mistery......HAHAHAHAHAHA......."James Bond's series IS based on His life" -which means that Horny toad's life is fiction-.........HAHAHAHHAHA.....Horny Toad probably doesn't even know how to handle a weapon or traveled out of that corrupt State of Arizona, not to mention how to approach a woman, since all the ones that "fight for His attention" just do it in order to get what they are after......a position and undeserved paycheck.....not for His looks. BTW could U put a link where it states that a lock of Horny's hair was traded for a Grand Chateau, unless, of course U R a lier. Also, I was wondering, is it  UR  ass or UR gapping vagina SLOPPY.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@Tommy_Collins   Appropriations chair John Kavanaugh, as a former NY police officer, ignores this crisis, deflects the public's attention with  a public "bathroom toilet" law!  And we wonder why the state and the nation is self-destructing itself to enrich a small handful of profiteers laughing at people.

Cozz
Cozz

@truthseekeraz 

Arizona is disgusting. Makes me sick to even live here.

They put normal people here in jail and prison for years for less than these piece of shits called politicians get away with.

There is no such thing as justice in Arizona, it's all total bullshit.

Slappy
Slappy

@IdontRecall I was joking.  Smilin' Tom is a big Doofus who has no business being the Attorney General.  The photo used in this article (above) captures the real Tom Horne. 

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@Tommy_Collins @truthseekeraz  You don't have to be sorry. It just shows we can't make this stuff up. It's way too obvious to those who watch and stay informed. The top law enforcers play the people for fools because THEY went to Harvard and West Point!



66rock
66rock topcommenter

@Slappy @IdontRecall I've said it before and now again, I have never ever seen a face actually look stupid but Tom Horn has it mastered, the true look of a dufus.  As a mom myself, I'd say he has a face that only a mom can love.   After a lifetime of observing men, I agree the only way possible for that guy to appeal to women, is his position and their hopes of a bigger paycheck.  On a scale of one to ten, barely a one.  Nor does he seem to have the personality to make up for his looks, a true dufus.  The most interesting man in the world, he is not.  Oh and he is corrupt, not a true public servant at all like many of our Az "leaders".  This is a corrupt state right now. 

IdontRecall
IdontRecall

JohnQ,Public, I do appreciate UR observation, but when it comes to TOM ELMER or the DRAMA QUEEN SHURF, is hard to know what kind of looney and at which degree of delusion He/She is and comes to Their defense... there're the likes of Jaffy , TeaPublican, AZREDNECK, to mention some of Them; all deluded individuals on my point of view.

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