Media Advisory
LEGAL CHALLENGE TO ATTEMPTED “RECALL” OF
SHERIFF JOE ARPAIO AND BILKING TAXPAYERS OUT OF MILLIONS BY NEWLY FORMED “CITIZENS TO PROTECT FAIR ELECTION RESULTS”
Press
Conference
Date: February 20, 2013
Place: W Hotel, Scottsdale
Time: 2: 00 PM – Mountain Time
(February 19, 2013). Today, a newly formed
group of concerned Arizona citizens, named the “Citizens to Protect Fair
Election Results” (CPFER), announced that it will hold a press conference to
announce its legal demand that an entity called “Respect Arizona” immediately
cease and desist from initiating a recall of Maricopa County Sheriff Joe
Arpaio, or legal actions will be pursued against Respect Arizona and its
officers personally.
Arpaio, having been only recently reelected
is, according to CPFER legal counsel Larry Klayman, who is the founder of
Judicial Watch and Freedom Watch but is appearing in his private capacity in
this case, being subjected to an illegal and unconstitutional recall effort in
a politically if not criminally motivated attempt to harass and prevent Arpaio
from carrying out his duties as he chief law enforcement officer of Maricopa
County.
The attempted illegal recall of Sheriff
Arpaio has broad negative implications for the citizens of Maricopa County and
Arizona, as what Respect Arizona is seeking to do is to nullify the votes of
and disenfranchise the voters who only recently reelected Sheriff Arpaio to a sixth
term on November 6, 2012. Respect Arizona
“If Respect Arizona
===================================================================
STATEMENT OF LINDA BRICKMAN
CPFER PRESS CONFERENCE
FEBRUARY 20, 2013
The group, Citizens to Protect Fair Election Results (CPFER), which is a newly formed group, has been birthed for the sole purpose of protecting the integrity of the Arizona, and Maricopa County electoral process. The dangerous, subversive-like activities of Respect Arizona have the potential to launch this county and possibly the entire state in what can only be called an “Electoral Civil War.” Should Respect Arizona not Cease-and-Desist in full, CPFER is prepared to utilize all legal means to stop them. In addition, Respect Arizona may find themselves the unwitting catalyst to provoke recall efforts against every newly elected or appointed Democrat, Republican, Libertarian, Green Party, or other party official. We submit that every elected or appointed official, regardless of any party affiliation, should have the right to perform their duties without the constant fear or harassment of frivolous recalls.
Respect Arizona is trampling on the will of all Arizona voters by disenfranchising all our votes by launching a deceptive and frivolous recall campaign to remove duly elected public officials from office for private, political gains; and making Arizona look like the Recall Capital of the U.S. We refuse to allow Arizona to be dragged into another Wisconsin fiasco. Respect Arizona has devised a well-defined plot against all registered voters, whether they are Democrat, Republican, Libertarian, Green Party, Independent, or any other recognized political party to disenfranchise all registered voters.
A mere twenty-four days? Nothing has occurred or changed since the November 6, 2012 general election, nor his swearing in on January 7, 2013, or your January 30, 2013 petition that would, by any stretch of one’s imagination, justify the recall of Sheriff Arpaio – a mere twenty-four days since he took office. Most telling your petition is untimely, and is simply an abuse of process which seeks to nullify the votes of and disenfranchise the majority of Maricopa County, Arizona citizens who elected Sheriff Arpaio with full knowledge of his past accomplishments and years of dedicated service to the community.
Now, it’s not just about Sheriff Arpaio! By their own admission, Respect Arizona has made their intent crystal clear to target the sitting governor and any other elected official with whom they politically disagree! By their brazen declaration, they have exposed their true motives behind these actions – to radically change our entire electoral process to benefit their own political agenda! They are manipulating and abusing the recall process for purely, self-serving political gains!
We call upon all Arizona voters regardless of party affiliation, to demand that Respect Arizona stop this un-American, criminal-like, disingenuous recall effort of a duly elected County Sheriff. The occasion should never arise that a sitting judge, legislator, supervisor, councilman, mayor or other appointed or elected official, should be faced with a baseless recall effort merely because they have an R or D after their name. And no elected or appointed official should ever have to be intimidated or fearful of performing their official duties by taking a firm stance or making an unpopular decision for fear of a frivolous and costly recall petition.
As we speak today, we have been informed that there are efforts already under way to foster recall petitions and campaigns against high profile officials, in direct response to the irresponsible actions taken by the self-serving few members behind Respect Arizona; including: high profile Democrats on the Board of Supervisors, in the State Legislature, various City Councils, and judges. These are the unintended consequences of what Respect Arizona has caused! None of these recall initiatives ever would have been conceived BUT FOR the self-serving actions taken by Respect Arizona. Respect Arizona is solely responsible for igniting the guaranteed Electoral Civil War that’s now been set ablaze in our county.
CPFER pleads with all Arizonans to STOP THIS INSANITY! This is something we should all be able to agree on - - because it is the right thing to do and because it is the fair thing to do! It is Our Duty, Our Obligation, and Our Constitutional Right to Protect Fair Election Results.
Arizona cannot afford our political environment to come to this. The potential price tag to the citizens of Maricopa County alone put on them by Respect Arizona will exceed $5 million for this recall only; other recalls could dwarf this amount by millions more! In these crushing economic times, is there not a better use of $5 million PLUS dollars! Should the Maricopa County taxpayer have to fund this outrageous bill to unwillingly support the self-serving campaign and utopian-like beliefs of the three named individuals behind Respect Arizona, and their co-conspirators?
Let -- me -- put -– this -– into –- perspective: Respect Arizona wants to use OUR MONEY - $5 million PLUS of OUR taxpayer money - as their PERSONAL PIGGY BANK TO PROMOTE THEIR SELF-SERVING AGENDA!
Let – me -- be -- clear: The voters of Maricopa County have spoken. Now we need your help to unite and stop this frivolous recall attempt, and those that are being spawned from it. Respect Arizona has the sole power to respect the fair election results of the voters of Maricopa County by putting an immediate stop to, and withdraw their dangerous and polarizing recall effort before it ends up costing us MILLIONS AND MILLIONS AND MILLIONS of dollars that we do not have, and would have to take away from real legitimate needs!
Please come to our website at www.CPFER.com to voice your support and help in stopping this recall attempt, and protect our fair election results.
RESPECT ARIZONA, IT’S TIME FOR YOU TO RESPECT THE VOTE!
Thank you very much.
================================================================
Letter from "Counsel for Citizens to Protect Fair Election Results" to group "Respect Arizona"
Via Certified Mail
February 20, 2013
Mr. William James Fischer
Chairman
Respect Arizona
P.O. Box 15355
Phoenix, Arizona
Mr. Robert Unferth
Treasurer
Respect Arizona
2255 E. State Avenue
Phoenix, Arizona 85020
Ms. Mary Lou Boettcher
Respect Arizona
814 N. Hudson Circle
Mesa, Arizona 85203
Re: Cease and
Desist Demand Concerning Illegal Planned Recall of Sheriff Joe Arpaio of
Maricopa County, Arizona.
Dear Ladies and Gentlemen:
We represent the bona fide voters of
Maricopa County, Arizona through our client, Citizens to Protect Fair Election
Results (Hereafter “CPFER”).
It has recently come to our attention that
your front group “Respect Arizona” has filed a recall petition to remove Sheriff
Joe Arpaio of Maricopa County, Arizona from office.
CPFER, a newly
formed citizens group, has been formed for the sole purpose of protecting the
integrity of the Arizona, and Maricopa County electoral process. The dangerous,
subversive-like activities of Respect
Arizona have the potential to launch this county and possibly the entire
state in what can only be called an “Electoral
Civil War” that could cost the citizens of Arizona millions of taxpayer
dollars; and a Civil War where others could well start their own recall efforts
against every newly elected officials at the county, city
and state levels, and quite possibly, appointed officials, too, including
judges!
As you know full well, Sheriff Joe Arpaio
was elected by the people of Maricopa County, Arizona in a free and fair
election as their sheriff, by a majority of votes, on last November 6, 2012.
In your recall petition you state: “We,
members of Respect Arizona and citizens of Maricopa County, petition to recall
Sheriff Joe Arpaio.” You then go on to complain, without any specifics but only
vague ad hominem attacks consistent with your failed and stale past assaults on
the character of Sheriff Arpaio, that he has failed to perform his duties. In
short, you do not provide any specific examples of these allegations occurring
since the last election. You cannot,
since there are none!
These representations are thus not only
false on their face, but in addition also fraudulent since Respect Arizona
obviously does not represent the majority of voters of Maricopa County, Arizona
who just reelected Sheriff Arpaio a few months ago, knowing full well the
specifics of his proper and lawful service to them as its chief law enforcement
official.
Nothing has occurred or changed since the
November 6, 2012 general election, nor his swearing in on January 7, 2013, or
your January 30, 2013 petition that would, by any stretch of one’s imagination,
justify the recall of Sheriff Arpaio – a mere twenty-four days. Most telling
your petition is untimely, and is simply an abuse of process which seeks to
nullify the votes of and disenfranchise the large majority of Maricopa County,
Arizona citizens who elected Sheriff Arpaio with full knowledge of his past
accomplishments and service to the community.
In sum, we submit that your recall effort
to cast out of office the duly elected Sheriff Arpaio without sufficient
grounds relating to his performance since he was reelected, is nothing more
than a blatant illegal attempt to disenfranchise the majority of voters who
cast their votes in the general election, thereby depriving these voters of the
results of the election, and also thus also depriving them of due process of law and
their First Amendment rights of freedom of speech and association -- rising
even to the level of a criminal conspiracy and enterprise, by furthering a
continuing illegal effort to stop Sheriff Arpaio from enforcing the laws and
executive orders duly enacted or decreed by the Legislature and the Governor
and nefariously conferring upon those seeking this recall preferential
treatment prohibited by the U.S. and Arizona Constitutions.
Finally, your petition seeks to implement a
recall election that would waste large amounts of taxpayer resources during
these hard times of fiscal crisis.
For these and others reasons, if you and
your group Respect Arizona do not agree to cease and desist and withdraw your
frivolous, politically and criminally motivated recall petition forthwith, we
have been instructed by our client to pursue all available legal recourse against
Respect Arizona and you personally to protect the voters of Maricopa County,
Arizona from your fraudulent and illegal attempt to nullify their legitimate
votes, and misuse the resources of the county and the state through this
attempted unconstitutional “abuse of process.”
On its face your recall enterprise appears designed to raise funds for
Respect Arizona and yourselves personally, as well as harass the Sheriff of
Maricopa County to prevent him from doing his job. This criminal recall
enterprise thus has no legitimate lawful purpose.
Should there prove to be a need to file
legal actions, the conspiratorial criminal intent and nature of your untimely
and factually baseless illegal recall enterprise will be more fully exposed
during the discovery and deposition phase of any court cases that we may
initiate, and also turned over to non-conflicted law enforcement authorities
for appropriate action in addition to our seeking civil remedies.
Please let us know what your intentions are
on or before March 2, 2013, and we will then proceed accordingly.
Sincerely,
Larry Klayman, Esq.
Counsel for Citizens to Protect Fair
Election Results
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