Tom Horne's Bid for Temporary Restraining Order Against Bill Montgomery Rejected by Judge

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The noose around Arizona Attorney General Tom Horne's neck just tightened a little.

On Monday, Maricopa County Superior Court Judge Mark Brain rejected Arizona Attorney General Tom Horne's bid for a temporary restraining order against County Attorney Bill Montgomery, whose office is investigating, among other things, allegations that Horne has used his state office to campaign for re-election..

Though Montgomery has said that he's walled off from any such investigation, Horne's attorney Michael Kimerer argued that Montgomery is biased against Horne (which even Montgomery would concede) and therefore Montgomery's underlings will do his bidding, even if he is walled off.

HorneZombie550.jpg
Tom Tingle/Pool Photo
Horne, one step closer to the gallows...

Judge Brain eviscerates this argument in the following passage from his ruling, which makes for a tasty read:

Plaintiff Horne's notion that Mr. Montgomery's office will do his unspoken bidding is entirely unconvincing as a basis to disqualify the entire office from a mere investigation and grand jury proceeding. In fact, the reported decisions are extraordinarily leery of attempts to disqualify attorneys based solely on a mere appearance of impropriety, uncoupled from additional facts such as those in the cases cited by Plaintiff Horne...One of the central lessons (perhaps "reminders" would be a better word) from the Thomas/Aubuchon/Alexander disciplinary process is that the Nuremburg Defense ("I was just following orders") is not viable in Arizona....The court will not indulge a presumption that the investigators and employees the Maricopa County Attorneys' Office will act unethically based on a mere allegation that they know what Mr. Montgomery wants, nor that a grand jury will ignore its responsibilities in evaluating any potential charges.

The court accepts as a given that prosecuting attorneys typically do not think much of ordinary people who they believe have committed crimes, and think even less of elected officials who they believe have done so. From the facts presented, it is apparent that Mr. Montgomery does not think much of Plaintiff Horne. But one could presumably disqualify a number of investigating agencies if that argument were good enough. Arizona's second-largest county, Pima County, is headed by a Democratic County Attorney (Barbara LaWall); one assumes a similar argument could be constructed against allowing her office to proceed with the investigation. Likewise, it is common knowledge that the Yavapai County Attorney (Sheila Polk) has rejected an administrative law judge's ruling regarding Plaintiff Horne's conduct during an earlier election and continues to pursue him. An approach that so easily disqualifies prosecuting agencies from even investigating someone cannot be right. The court concludes that Plaintiff Horne's chances of success on the merits are modest at best.

Turning to the possibility of irreparable harm if relief is not granted and public policy, Plaintiff Horne's claim (voiced at the oral argument) is that an indictment during the election season might cost him the election. Perhaps so, although the Arizona Republic articles cited by Plaintiff Horne as evidence of Mr. Montgomery's bias actually appear to help him by bolstering his ability to argue that any indictment is just a political stunt. Public policy certainly does not favor shielding candidates from investigations during elections; if a candidate broke the law, he should receive his just reward. Moreover, if there is, in fact, probable cause to indict Plaintiff Horne, then the public has every right to know it so that voters can factor it into their decisions on how to cast their ballots. Having weighed the competing factors set forth in Shoen, the court concludes that Plaintiff Horne is not entitled to a temporary restraining order.

I love the line about the Nuremburg defense not being viable in Arizona. Also, Brain is to be applauded for pointing out that, "if a candidate broke the law, he should receive his just reward," and that, "if there is, in fact, probable cause to indict Plaintiff Horne, then the public has every right to know it so that voters can factor it into their decisions on how to cast their ballots."

Horne's case is not completely dead. There is still a "formal evidentiary hearing on application for a preliminary injunction," but it is scheduled for after the August 26 primary.

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29 comments
marcy
marcy

If Horny broke the law he needs to go to jail.  It amazes me that the Arizona public elected a fat, lying buffoon who was sanctioned by the SEC to be the Attorney General for Arizona.


I look forward to the day Horny is in handcuffs doing the perp walk.

royalphoenix
royalphoenix

When does he pay the money he owes ? peace

66rock
66rock topcommenter

Actually I wish Horn would stop getting all this negative publicity before the primary because it just makes Felicia's fight for in the general election much more difficult.  

danzigsdaddy
danzigsdaddy topcommenter

the Honorable Mark Brain hunh??? good to know there is a government employee who is actually using his brain. i dont know how that happened.............but i am glad it did

WhoKnows
WhoKnows topcommenter

Ok, my concern is if HornieBoi loses the GOP primary, his opponent who seems to be 100% nuts and could win the general.  If HornyBoi makes it to the general, he'll lose his ass there..

MaskedMagician1967
MaskedMagician1967 topcommenter

Hahaha HorniBoi just continues to put his foot in his mouth with his non-stop bullshit.

I gotta go get more popcorn and soda. This is getting good.

DNichols
DNichols

So,  Horne, and his  attorney feel that Montgomery is "Biased, and unethical " for investigating Horne's unethical, and illegal campaign wrong doing?!


All I can say is Horne is an expert on "unethical".


Pot, and Kettle?!


I now have more respect for Mr. Montgomery's courage, and  "Ethic's".

rh19541954
rh19541954

He looks like a Opossum! They are the low end of the food chain, dining on dead things!

annarkey14
annarkey14

Hopefully, next January, he will be able to go back to chasing wascally wabbits, instead of criminals. 


Somebody send him directions to Albukoyki (tell him the wascally wabbit always turns right)

LucyBabeu
LucyBabeu

@66rock 

This is who horniboi is, if you call it negative, so be it. There is no fight in that, it is just the way it is.

66rock
66rock topcommenter

That is since Horn is toast anyway so let's see something on Mr Slick who running against Horn in the primary!

arizonaeagletarian
arizonaeagletarian

@WhoKnows History shows that oppressed people rise up. The GOP in AZ is all about oppression.

Don't sell Felecia Rotellini short. She can beat Mr. "Not Horne."

danzigsdaddy
danzigsdaddy topcommenter

@MaskedMagician1967 you are just now getting the popcorn???? this has been getting good for a while. wait till a commercial and i will fill you in on all the good stuff you must have missed ;)

66rock
66rock topcommenter

@DNichols Nah, Monty has never once had the courage to go after anyone who has GOP approval.

MaskedMagician1967
MaskedMagician1967 topcommenter

Lol even Elmer fudd is better than HorniBoi Ann....

66rock
66rock topcommenter

@LucyBabeu @66rock  I was referring to the general election where Mr GOP Slick will be more difficult to beat in this county. 

MaskedMagician1967
MaskedMagician1967 topcommenter

Nah Zigs, i just ran out of popcorn and need to make more :P

I also got fresh soda and alcohol ;)

MaskedMagician1967
MaskedMagician1967 topcommenter

I know, there are enough lemmings in this fucked up state who will vote for the pos Ann....

Sad but true.

LucyBabeu
LucyBabeu

@66rock @DNichols 

If you really think DNichols was saying that, you really have to be hurting to be making a comment 66rock.

LucyBabeu
LucyBabeu

@MaskedMagician1967 

HorniBoi, Studboi1 are going to go bye bye with goooo daddy.

Maybe they can all start a on-line porn site together. They have the lawyers, the nude pictures, and perverts ready to go daddy.......


LucyBabeu
LucyBabeu

@66rock @LucyBabeu 

I understand, there have been plenty of facts stated on him. I cannot help that peoples comments are mainly about horniboi,,but the facts of both have been all over the media.

66rock
66rock topcommenter

@LucyBabeu @66rock Okay.....but sorry not getting your point on this if there is a point. I was just stating my opinion on the election.

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