Attorney General Tom Horne: Stonewalling Will Not Be Tolerated

CONTACT: Doug Nick


PHOENIX (Thursday, August 4, 2011) — Attorney General Tom Horne today responded to a statement by Redistricting Commissioner Jose Herrera, who stated in public that he would not cooperate with the Attorney General’s investigation and that he would not answer questions from the Attorney General’s Office.

Horne stated: “It is not my job to become involved with political disputes regarding the commission’s decisions. It is my job to determine whether the law has been broken. Serious allegations have been made about possible violations of the law concerning open meetings law and procurement. If there have been no violations, we will indicate that, which will remove the cloud currently over the commission, and greatly benefit the commission in its work. If we find, on the other hand, that there are violations, it is my duty to pursue them. The public expects this of the Attorney General’s Office. The public also expects, in view of the importance of the commission’s work, that my investigation will proceed quickly, and that delaying tactics will not be tolerated.”

“I have no preconceptions as to whether or not the law has been broken, but stonewalling on the part of any commissioner will not work. It did not work in the Watergate scandal and it will not work here. My office will be relentless in pursuing the facts, and no commissioner will succeed in attempting to hide relevant facts.”

The Attorney General’s Office has been attempting to pursue this investigation in a cooperative manner, but will also pursue the investigation using other tools, as appropriate, including A.R.S. §38-431.06 which states, relevant to alleged violations of the open meeting law:

A.R.S. §38-431.06

B. “… the Attorney General… may;

1. Issue written investigative demands to any person.

2. Administer an oath or affirmation to any person…

C. The written investigative demand shall:…

4. Specify a place for taking the testimony… “



  1. My guess is that “legislative privilege” will NOT apply to the commission and that their administrative actions in executive session most likely violated Open Meeting statute.

  2. Radical American Patriot says:

    Hererra’s conduct continues to add fuel to the fire that the voters need to make the Legislature once again accountable for the process, since they are elected to represent the people. The State legislature should put this idea back to a vote of the people; the fraud of this process is becoming all too obvious.

    If the so-called ‘moderates’ (cowardly?!) are afraid to take responsibility for this process, then tell them to get the Hell out of the Legislature!

  3. Diogenes says:

    Bid Rigging, Vote Trading, Back Door deals, Destroying evidence, Lying on application, State Procurement Office ruling contract invalid, mapping company scrubbing site of reference to Obama (their campaign advisor), SEIU, MoveOn, AFL-CIO. Chicago politics at its worst. The smell is overwhelming. Thank you Attorney General Horne and Senator Briggs for your separate investigations. Time to invalidate Strategic Telemetry’s contract (authority to sign disputed at every Ex Session). Surely there is an local company-not one from WDC andnot one controlled by Open Society groups-that is non-partisan. Course, the public can not review the Commissioners’ scoring sheets. Herrera refuses to be under oath or even cooperate. HUM???? McNulty and Mathias refuse to state whether they will cooperate. Hum???

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