Sheriff Joe Arpaio's friends, birther attorney Larry Klayman and ex-lawmaker David Burnell Smith, are doing Arpaio a solid favor in their bogus lawsuit against Respect Arizona, the group trying to recall the elderly sheriff.
Respect Arizona's legal counsel already told New Times last week that the motion to dismiss the case has been filed, but attorney Chris Ford now has filed a motion for an expedited hearing, claiming Klayman, Smith, and their Tea Party associates are using the lawsuit as a "political assault" against the recall effort.
-Arpaio Recall Moves to Dismiss Larry Klayman's Bogus Lawsuit
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-David Burnell Smith Teams Up With Larry Klayman in Fight of Arpaio Recall
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-Joe Arpaio's Birther Buddies Say They'll Take Recall Effort to Court to Shut It Down
"As handily demonstrated in Motions to Dismiss filed herein by defendants . . . plaintiffs' lawsuit is devoid of any support under the law and thus is frivolous," the motion says. "Worse yet, plaintiffs' lawsuit is a tool of political assault, evidenced by its having been promptly publicized to the press as part of plaintiffs' efforts to intimidate recall volunteers and other supporters from engaging in what plaintiffs baselessly proclaim to be an 'illegal,' 'unconstitutional' and 'criminal' recall effort."
Really, there's no other explanation.
Anyone who's investigated Klayman and Smith's claims for more than two or three minutes can easily tell that there's no merit to the claims.
The main claim was that a recall petition can't be filed against someone unless he or she has been in office for six months.
Arizona law clarifies that it's not six months of a term; it's six months total in that office -- and Arpaio's been in office since the early '90s.
Klayman also made the obnoxious claim that Respect Arizona is trying to unconstitutionally "nullify" November's vote, and "silence" voters. That's ironic, seeing as Klayman's trying to shut down a constitutional recall effort.
Ford, the attorney for Respect Arizona, is likely on to something when he says in the motion that Klayman and Smith's complaint "has disrupted Respect Arizona's lawful efforts to gather the number of signatures necessary to initiate a recall election of sheriff Joe Arpaio."
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We'll let you know when this hits the courtroom. The motion to dismiss, which was filed earlier, can be found below: