Michelle Malkin: Bloggers under fire-Arizona conservative lawyer/activist targeted by left-wing Arizona State Bar


A m e r i c a n  P o s t – G a z e t t e

Distributed by C O M M O N  S E N S E , in Arizona
Saturday, June 9, 2012

I’ve turned the lights back on here at MichelleMalkin.com after “going dark” to help raise awareness about attacks on blogger free speech. Every phone call, e-mail, tweet, and letter you wrote yesterday to elected officials, state and federal government attorneys, and media outlets about SWAT-tings/convicted bomber and lying vexatious litigant Brett Kimberlin/his funders/his online cabal has made a difference. I am told there are now up to 83 congressional representatives who have signed their names to a letter – demanding “thorough examination at every level” of these terroristic crimes and threats – that will be sent to Attorney General Eric Holder on Monday. And I can tell you there’s much more in the works. At every level.

While we continue to speak out and work in front of and behind the scenes to support the bloggers targeted by Kimberlin, I want to call your attention to how speech-squelching progressives have targeted another conservative activist/blogger who needs your attention and help.

Rachel Alexander is a Townhall.com columnist, RightWingNews.com contributor, attorney, and veteran blogger at IntellectualConservative.com. In 2009, she was named RightOnline’s activist of the year for being a “force multiplier” through her training sessions to get citizens online. She founded her own personal bankruptcy law firm, served in the Arizona Attorney General’s office, and worked in the Maricopa County (Ariz.) Attorney’s Office as a Deputy County Attorney.

In April, the Arizona State Bar suspended Alexander’s law license for six months and one day (the order is here). The order became effective May 10. Less than a week later, she was granted a stay on the suspension as she pursues an appeal. But she’s been hit by another bar complaint as progressive opponents work to destroy her reputation and career.

Why did this happen to the dedicated, outspoken, and unapologetically conservative young lawyer? Her nightmare has all the makings of a partisan political vendetta and witch hunt.

Rachel’s boss at the Maricopa County Attorney’s Office was Andrew Thomas, a staunch law-and-order advocate who tried to clean up corruption in his ranks. Thomas also represented tough-on-illegal immigration Sheriff Joe Arpaio. In gunning for Thomas, the liberal State Bar is trying to claim underling Alexander as collateral damage. Her actual role in Thomas’s attempt to prosecute corruption was minor. Her direct supervisor Peter Spaw, who played a much larger role, has not been targeted by the Bar.

RightWingNews.com founder/veteran blogger John Hawkins, who stepped up to defend his colleague, first recounted the saga last fall:

Thomas ran for re-election in 2008 on a platform of stamping out public corruption with Sheriff Joe Arpaio. Together they decided to take on powerful politicians who had gotten away with corrupt acts for years. Don Stapley, the Chairman of the County Supervisors, raised thousands of dollars to run for president of the National Association of Counties, even though he did not have an opponent. He then spent that money on personal luxury items. Stapley allegedly spent $6000 of these funds at Bang and Olufsen electronics, along with $1300 for hair implants, $400 for candleholders and $10,000 for furniture for his home. He also spent these funds, solicited as campaign money, to buy tickets to Broadway plays and movie theatres. He bought flowers, paid the grocery store and department stores, paid for massages – and paid for family trips to Sundance, to Utah to ski, a trip for his son and friends to Florida and a three-week vacation in Hawaii for his entire family at a beach house costing approximately $11,000.

Thomas brought charges against Stapley and a jury indicted him. Stapley was also indicted for failing to disclose his real estate dealings on financial statements. His business partner, Conley Wolfswinkel, is a convicted felon. Thomas also brought charges against Supervisor Mary Rose Wilcox. She was indicted for voting on giving money to Chicanos por la Causa while failing to disclose she had a sweetheart loan deal from them. Wilcox, who drives a 2006 Corvette, gave herself prime real estate territory at Phoenix’s Sky Harbor Airport through the “minority-owned business” affirmative action program.

What happened to those indictments? They were all dismissed. Most of the prosecutions were conveniently transferred to now retired judges – Judge Kenneth Fields and Judge Gary Donahoe, who threw them all out. Donahoe was subsequently forced to resign in disgrace in June of this year. Realizing he could not get anywhere against the corruption in Superior Court, Thomas and Sheriff Arpaio filed a racketeering lawsuit against the supervisors, judges and their legal counsel. The supervisors refused to authorize any outside counsel to assist Thomas with it. Vastly understaffed, Thomas decided to turn the investigation over to the Department of Justice and withdrew the suit.

… Blogging while conservative is not a crime. Fighting against illegal immigration and corruption is not a crime. However, misusing the justice system for purely political purposes is absolutely despicable and the more sunlight that shines in on this issue in Arizona, the more the cockroaches who are persecuting conservatives will start to scatter.

(FYI: In a detail reminiscent of Brett Kimberlin target Aaron Walker’s legal nightmare in Maryland, it was a group of retired judges who were responsible for getting the corruption charges filed by Thomas against the supervisors dismissed. Useful tools, those retired judges, eh?)

Ever since the corruption case was dropped, the Arizona State Bar has waged a selective prosecution war against Thomas, Alexander, and another former Thomas employee, ex-deputy county attorney Lisa Aubuchon. The latest? Aggrieved county supervisors refuse to fund Alexander’s appeal, so she has been forced to file a notice of claim against Maricopa County for $67,000 to cover the legal fees of her fight against the law-license suspension. (The notice of claim is here.)

The free speech implications are alarming. Alexander was served with interrogatories last summer demanding to know everything she has ever blogged or written online between 2005-2010 on any topic, whether anonymously or signed, including comments.

I have uploaded the document and you can read it right here (click here)

I quote from Interrogatory Number 4:

“Please name any and all aliases that you have used in posting, publishing, or sharing any of your opinions on the Internet, including those ins blog entries, during the relevant time period.”

Fishing expedition, anyone?

Renowned libertarian lawyer Clint Bolick (who happened to be a critic of Thomas and Arpaio) has stepped up to serve as a mentor to Alexander as she appeals her case. Another Thomas critic concluded that the targeting of Alexander “is both selective and overreaching.”

Absurdly, one of the blog posts she was admonished over was one she didn’t even write – the John Hawkins post cited above! Arizona blogger Barbara Espinosa exposed the witch hunt:
If that’s not a gross infringement upon her First Amendment right I don’t know what is. Nothing ever happened to the Bar for this gross overreach, and the media never reported it. During the trial, the Bar prosecutors attacked Rachel for posting an article on her website written by a prominent conservative columnist defending her, John Hawkins of Townhall and Rightwingnews.

The toll Rachel has taken as a result of this witchhunt against her has been brutal. Rachel has been told by numerous people that they will not hire her services because of all this, and her bankruptcy business is suffering. An IP address from Maricopa County government was involved with hacking her website last June, getting it banned from Google for months and permanently banned from Google News. Her website traffic went from 4000 unique visitors per day down to 1000 as a result. She developed a stalker during the Bar trial whose harassment about the trial became so threatening she had to get a restraining order against him.
Arizona blogger David Roney added:
Alexander is being charged, despite a long, unblemished record at MCAO [Maricopa County Attorney's Office], solely for her role working on the RICO case. What was her role? She worked under her supervisor Pete Spaw’s direction. [Spaw] was an experienced RICO attorney who, according to my sources, started the drafts of the pleadings, finalized the drafts of the pleadings with Andrew Thomas, and developed the key theories in them. He exclusively dealt with opposing counsel, and filed all of the pleadings electronically. Alexander’s role consisted of mostly research for the pleadings, and taking direction from Spaw, nothing further. Yet Spaw was not charged by the Bar, only Alexander.

The real issue here is [an] allegation that Alexander sought to burden and embarrass county supervisors. The allegation is nothing short of hilarious on its face…. The supervisors, with a few exceptions, have done a pretty good job of bringing poor press and embarrassment upon themselves. And they did so all without the help of Alexander…

…digging deeper, the charges against Alexander reek of fulfilling a vendetta for running a political blog, and a conservative one at that. Most of their unfettered discontent comes from blog posts they attribute to Alexander, that she in fact did not write. The Arizona State Bar is anything but a right-leaning organization, and it appears to seek to censor a person with whom they disagree, while leaving others untouched.

Blogger Selwyn Duke came to the same conclusion:

So this is a story of corruption. There is the garden variety, in which those who walk tall and stand against evil are targeted by those who wish to continue enriching themselves. But then there is the kind that is another hallmark of despotic regimes: political persecution. It is a phenomenon of fascism, whereby those who toe your line get benefits, and those who don’t get intimidated into silence or, when they’re too stout-hearted, destroyed. By any means necessary.

Then, once big business and all other prominent people and entities are marching in lock-step, you have complete control over civilization. This is Chicago – and, it appears, Maricopa – politics. And we allow it to stand at our own peril.

Rachel could use any financial support you are able to help provide. You can donate through her Paypal at az4vlad@hotmail.com. Spread the word about her case.

As stalwart conservative blogger/activist Elizabeth Crum summed up Rachel’s plight: “What has happened to her can happen to anyone who publicly stands up and blogs with conservative principles.”

Make no mistake: This is just another nasty battle in the Left’s long war to marginalize, demonize, and criminalize conservative dissent. The selective protection of free speech is unconscionable. The freedom to blog is under assault on so many fronts. It has to stop.

The first step in fighting back: Sunlight. Lots of it.

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http://michellemalkin.com/2012/06/09/bloggers-under-fire-arizona-conservative-lawyeractivist-targeted-by-left-wing-arizona-state-bar/

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Comments

  1. Carrie P. says:

    I watched part of the disciplinary trial against Alexander and the others as part of an assignment for my law class. I wasn’t sure what to think of their guilt until I watched the trial. Watching the trial, I saw a completely different set of evidence that was not reported in the media. Surreal. The judge ignored all of their evidence, and their evidence was not reported in the media. Alexander really got screwed the worst IMHO. She didn’t file the racketeering complaint (which was filed by Lisa Aubuchon), and produced several emails showing that her supervisor, the racketeering expert for the office, was in fact responsible for drafting and filing the following amended complaint. But the judge didn’t give a rats ass. He suspended her license based upon her filing the racketeering case. Since the county won’t fund their appeals, I doubt she will ever get a fair hearing on this. Appeared pretty clear to me that she was punished for being a well-known conservative blogger.

    • TruConserv says:

      Kudos for taking the time to sit in for part of the trial.

      Had you heard the entire trial, or had you read the Independent Panel’s decision, you would realize that you got some things wrong.

      Alexander was never accused of filing the original RICO lawsuit, so any discussion about that is moot. As the Panel found, as is substantiated by the court documents and as Alexander admitted, she replaced (substituted) the original counsel, and by her own admission, became “on the hook” for the case. That’s why she was suspended and not disbarred.

      Arizona, thank G-d, is a conservative state. The Bar is conservative, our judges are conservative. Read the opinion of the Independent Panel: http://www.scribd.com/doc/88741608/Andrew-Thomas-Disbarment-Ruling

      The only non-conservatives in this mess are Thomas and his crew. I defy anyone to find any shred of support for the libelous contention that conservatives believe it is fine and dandy for a government official to abuse his office to seek revenge on his political enemies.

      If you support Thomas, then you are not a conservative. Period.

      • I don’t know about the merits of the decision to suspend Alexander. However, it is not true that the State Bar of Arizona is conservative. The Bar is also notably biased against prosecutors and for defense attorneys.

        By the way, what, exactly, is a “political enemy”?

  2. Legal Eyes says:

    If the Bar had been smart, they would have left Alexander out of this. They overreached and now there is going to be a backlash. It’s overdue for reform of the Bar, especially the disciplinary process. Talk to any attorney and they will tell you horrific stories of attorney discipline. Half the candidates who ran for the State Bar Board of Governors this last time around ran on a platform of reining in excessive bar discipline. Telling.

  3. What about poor supervisor Mary Rose Wilcox? Y’all are forgetting about her stress over being prosecuted for giving herself a sweetheart, illegal loan deal from Chicanos por la Causa in exchange for giving them thousands of dollars of our tax dollars in government grant money. Wilcox is the victim here, not the prosecutor. Even the $975,000 she awarded herself in settlement money, which will help her buy a 3rd new corvette, won’t compensate for the stress that poor thing underwent.

  4. Conservative PC says:

    I hope Alexander sues the Bar and Supervisors PERSONALLY. She’s got a hell of a case against them for political vendetta.

  5. Appreciate the American Post-Gazette and Michelle Malkin getting this information out. Did not know this side of the story, I don’t subscribe to the Arizona Republic since it’s full of crap and won’t report any of this. Michelle Malkin is a leading voice for conservatives and someone you can trust. If she’s done the investigation, you know there is truth to the story.

  6. Finally a little sunlight from the outside. If there is enough the Bar cockroaches will scatter. The Arizona state bar has become one of the most corrupt organizations in the State. They rival Mary Rose Buttocks!

    Maybe if we ever get conservative leadership again in the legislature this problem can be addressed. In the mean time expect more attacks on any conservative republican attorney that dares stand up to these bar lowlifes.

  7. Carrie P. says:

    TruConserv,

    Let’s get this straight. I did watch the entire and trial and read the opinion, which was a joke. It was clear to me that all three prosecutors got the shaft, since the judge ignored all of their evidence and based his decision upon the Bar’s evidence alone. It was like the prosecutors’ evidence didn’t exist! What a show trial. It will easily be reversed. You are showing your bias when you not only ignore that, but assert that Alexander, who was assigned to work under a supervisor who was the office expert on RICO cases and who actually took over the racketeering case, not her, should be suspended for 6 months and a day. Are you serious or do you work for the Bar? This will make a fascinating movie someday. IMHO, heads will roll, not sure who yet, whether it will be the Bar or their hand-picked disciplinary judge.

    • TruConserv says:

      I seriously doubt you sat through the entire trial, especially given how you picked non-germane items from the same day or two of testimony to complain about – and then to have done so inexpertly (some might say dishonestly.) All as part of some “law class.” School and instructor name, please. You can stay anonymous, but let’s find the community college teacher of Crim Studies 101 that had you sit through the complete trial. (sarcasm).

      The facts are very clear – there was no basis for the RICO case, a panel of conservatives heard all the evidence and gave as minor a sanction to Alexander given how she took the ball and ran with it.

      Good news and bad news for you, assuming you are actually a student of some kind.

      Ten years from now, you’ll know that what I am telling you now is the truth – that’s the good news.

      The bad news is that I’m telling you that you’re acting and thinking like a fool if you think heads will roll – BECAUSE THE DECISION OF THE INDEPENDENT PANEL WAS BRILLIANTLY WRITTEN.

      Thomas, et al, are NOT conservatives. There is nothing conservative about using government office to go after your political enemies. There is nothing conservative about an elected official bringing false charges, terrorizing families with lies, threatening life, liberty and personal wealth simply because the other party did not bend to that officials petty demands.

      There is nothing conservative about Thomas and his cronies and I’d appreciate if you’d stop libeling the name of conservatives everywhere by pretending otherwise!

      • Craig p says:

        Brillantly written, you have got to be kidding. There are many factual mistakes and every inference was ruled in favor of the bar. The “independent” panel that spent time kissing up to Yvonne Wingnet who is a spokesperson for the BOS pretending to be a reporter. That being said Thomas and Aubuchon deserved to be disbarred for the RICO suit and the Donahoe charges. Donahoe made several bad rulings but that what judges do at times. The Stapley and Wilcox cases were very legitimate in my opinion. Rachel should have had a public censure at the worst. She was involved in trying to amend a flawed RICO complaint for a few weeks no one suffered anymore because of her actions. Rachel was in over her head and did depend on Peter Spaw.

  8. Criminal Defense Eyes says:

    Ignore TruConserv. He’s Ed Novak, an angry bitter little lawyer who was one of the defendants in Andrew Thomas and Joe Arpaio’s racketeering lawsuit. He spends all day long on the blogs railing against conservatives and prosecutors. He doesn’t have anything better to do, no one likes him. Sad state of affairs for a former president of the Arizona State Bar to sink this low. I used to be good friends with him, we used to have a lot in common. No more. He has such a vendetta against Thomas and Arpaio over the racketeering lawsuit that is all he ever talks about. I’m sick and tired of hearing about it. Ed, go spew your venom somewhere else. You got what you wanted, Thomas is disbarred. He’d better back off because at some point even the other members of the Board of Governors are going to get sick of it. I don’t want to get tarred with his vendetta going on and on which is why I have distanced myself from him.

  9. Alexander, thomas, and aubuchon all deserves what they rec’d. As a second year student of law and the constant repitition of ethics and basics of law throughout, it is obvious these three either forgot/never learned/or ignored basic law ethics.

    The AZ BAR actually prosecutes very few and only the most egregious actions cause them to act, so this left wing conspiracy crap doesn’t fly, esp when so many conservative lawyers could also see the audacity of their actions.

  10. Uh, that’s not accurate that the AZ Bar only prosecutes a few attorneys and only the most egregious violations. HALF of the last round of candidates who ran for the AZ Board of Governors included in their platform reining in the Bar’s heavyhanded disciplinary wing. dg obviously has an agenda or he wouldn’t be posting such baseless statements against Thomas et al.

  11. Criminal Defense Eyes says:

    TruConserv, who is really criminal defense attorney Ed Novak, should be ashamed of himself. He teaches ethics seminars on the duties of attorneys not to comment publicly about cases, yet spends all day long leaving comments on Sonoran Alliance about the Thomas disbarment trial, which he was a part of. He testified at it, and was one of the attorneys Thomas had filed lawsuits against. Now he has litigation against Thomas. But since he is on the Arizona Bar’s Board of Governors and past president, he is untouchable. This hypocrite flaunts the law and has been getting away with it for years. Someone should collect all the comments he has ever left on this website and add up all of the Bar ethical violations. I bet he has broken almost everyone of them. The ACLU or Lawyer’s Guild might be interested in hearing how he pretends to be a conservative on this website, while breaking all kinds of ethical rules. I am a member of both organizations and think I will pass it along. The way this creeper keeps frothing at the mouth, he will end up undoing the disbarment of Thomas and selling out all of his friends along the way who helped get Thomas disbarred. His arrogance never ends.

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