BREAKING! Cease and Desist Demand Concerning Illegal Planned Recall of Sheriff Joe Arpaio of Maricopa County, Arizona

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’s petition is not only untimely but fails to set forth any valid grounds for a recall so soon after this election.

“If Respect Arizona’s illegal recall effort were to become the norm, then all public officials in the state could be recalled without cause, thus severely harming the electoral system. Even judges could be subject to this sort of harassment. And, at a time of severe fiscal crisis, this illegal recall effort wastes the scarce resources of the taxpayers, the county and the state,” Klayman says.

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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. 

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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