The Maricopa County Sheriff’s Office (MCSO) announced Friday that it had made multiple discoveries of suspected fentanyl pills being smuggled by newly booked inmates into the Intake, Transfer, and Release Facility (ITRF).
“This week alone MCSO detention officers have seized approximately 260 pills in the jail system, suspected to be fentanyl and pending lab analysis. The seizures were a compilation of three unique incidents,” according to the office.
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State Senate Republicans have introduced two bills that target Arizona’s grocery and rental taxes to give local families a financial break. Kim Quintero, the spokeswoman for the Senate Republican Caucus, told The Arizona Sun Times that it would be unwise for Governor Katie Hobbs (D) to veto bills like these should they pass the legislature.
“It would not be wise of the Governor to veto the food tax bill, as this will provide immediate inflation relief to those living paycheck to paycheck, and it’s something that resonates with a large portion of her voter base,” Quintero said via email.
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Arizona GOP gubernatorial candidate Kari Lake’s team announced Monday that there’s more evidence to come regarding her election lawsuit soon after Democrat Gov. Katie Hobbs requested the case be thrown out.
“Yesterday @katiehobbs filed to get our lawsuit thrown out,” the Kari Lake War Room tweeted. “Today, records revealed nearly a quarter of a million ballots were rejected on Election Day in Maricopa County in a race that came down to just 17K votes. She’s illegitimate & she knows it. More evidence to come.”
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Maricopa County Superior Court Judge Joan Sinclair issued a ruling Friday in favor of the City of Scottsdale, blocking a stay request against the city cutting off water to the Rio Verde Foothills (RVF) area.
“The city remains confident in its legal position and continues to encourage Maricopa County – the elected local government for the residents of Rio Verde Foothills – to implement a solution on behalf of their constituents,” according to the city.
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As a new administration takes over operations for the Arizona Department of Education (ADE), led by Superintendent Tom Horne (R), it appears they are swamped with a massive backlog of Empowerment Scholarship Account (ESA) requests leftover by the former administration of Kathy Hoffman (D). Christine Accurso, an advocate for ESAs, is now the program’s executive director and is shacking up how the office tackles requests to deal with the backlog.
“Our team is processing expense requests in sections, by category so that we can get through them efficiently and effectively. In the past the requests were processed in the order they were received. We are working on new processes to use going forward, as we work through the backlog,” Accurso said in a statement emailed to The Arizona Sun Times.
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Arizona Attorney General Kris Mayes’ is defending her administration’s decision to keep in place a money transfer surveillance program that paves the way for a growing number of law enforcement agencies across the country to keep tabs on the dealings of potentially illegal activity.
With the database originally set up nearly a decade ago under the stewardship of a Republican attorney general, the so-called Transaction Record Analysis Center (TRAC) act was billed as a voluntary agreement with Western Union aimed at combating drug trafficking that has now expanded to touch more than 600 law enforcement agencies.
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Arizona Democrat Rep. Ruben Gallego on Monday launched his 2024 Senate campaign, possibly setting up a challenge against incumbent independent Sen. Krysten Sinema.
The announcement and the date was expected, with Gallego in recent weeks and months becoming increasingly critical of Sinema and her politics – including her failure to support Senate Democrats’ effort to end the chamber’s 60-vote filibuster that blocked passage of several of the party’s signature spending bills, then switching her party affiliation to independent.
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Arizona State Rep. David Cook (R-Globe) announced Thursday that he is seeking federal aid in financing a project to widen Interstate 10 (I-10) between Chandler and Casa Grande.
“The state of Arizona has invested a total of $630 million into this project to date. The Mega grant is the missing piece that will finally complete this essential artery and bring relief to thousands of residents throughout Arizona and the country,” Cook wrote.
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The Maricopa County Republican Committee voted on January 14 at their annual meeting to censure Maricopa County Stephen Richer and the four Republican members of the Maricopa County Supervisors; Bill Gates, Thomas Galvin, Clint Hickman and Jack Sellers. The vote for the censure resolution was 1,460 for, 138 against, and 36 abstaining.
Maricopa County Member-at-Large Brian Ference told The Arizona Sun Times, “The PCs in Maricopa have spoken, overwhelmingly censuring Richer and the MCBOS, the key line being ‘Ceases immediately any and all recognition and support of the above individuals being censured and encourages all registered Republicans to expel them permanently from office.’”
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Gov. Katie Hobbs issued an executive order on Friday to review the death penalty process in Arizona, while a stay from Attorney General Kris Mayes halts it for the time.
Hobbs will be selecting an “independent review commissioner” to investigate “all components” of the Arizona Department of Corrections, Rehabilitation, & Reentry’s “execution process for lethal injections and the gas chamber,” the order states.
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A lawsuit filed last August challenging “the largest homeless encampment in Arizona” is going ahead after a judge denied the City of Phoenix’s motion to dismiss. Residents who live near “the Zone,” which has grown to over 1,500 people, allege that the city has failed or refused to enforce criminal, health, or quality of life statutes to improve the Zone.
Maricopa County Superior Court Judge Stephen Tully said in his January 16 ruling that dismissal wasn’t warranted because the city didn’t meet the standard where “as a matter of law plaintiffs would not be entitled to relief under any interpretation of the facts susceptible of proof.” He found that the plaintiffs properly pleaded their case and supported a private cause of action for public nuisance.
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The Arizona-based Goldwater Institute (GI) demanded Thursday that the Tucson Unified School District (TUSD) stop an unlawful practice of making it difficult for employees to leave a union.
“We think it is critically important for government employers to respect public employees’ constitutional rights. Under the U.S. and Arizona constitutions, no one can be forced to remain a member of — or make payments to — any private organization, particularly if it engages in speech or political activity the person disagrees with. Unions are no exception and should not be making deals with government entities to trap public employees into being union members or paying union dues,” said GI Staff Attorney Parker Jackson in a statement emailed to The Arizona Sun Times.
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The Goldwater Institute (GI) announced Wednesday that its lawsuit against the City of Phoenix has resulted in a judge barring it from enforcing its “Clean Zone” law, at least for the next week.
“Phoenix residents and business owners shouldn’t have to beg the NFL for permission to freely communicate with the public on their own property. Yesterday’s temporary injunction ensures they don’t have to — and we hope that city leaders will do the right thing and repeal this unconstitutional mandate at next week’s City Council meeting,” said GI Staff Attorney John Thorpe in a statement emailed to The Arizona Sun Times.
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Shelby Busch, chairman of the We the People AZ Alliance (WTPAZ), released a statement Tuesday, picking apart and rejecting a proposal introduced by Maricopa County Recorder Stephen Richer, which presented ideas on improving elections in Arizona.
“I encourage Maricopa County voters to immediately reject this plan and tell Mr. Richer that we deserve secure elections not convenient elections,” said Busch.
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The former Election Integrity Unit civil attorney for the Arizona Attorney General’s Office is making it clear she does not believe the new Attorney General is rightfully in office. Jennifer Wright, who resigned before Democrat Kris Mayes took office — but who Mayes’ office claimed was fired to journalists, causing Wright to start the process for a libel lawsuit — has joined the legal team of Mayes’ opponent, Republican Abe Hamadeh, who is challenging the results of the extremely close election.
Wright tweeted that she initially turned down Hamadeh’s offer, but changed her mind “after @krismayes targeted me by falsely and unlawfully planting a hit on me on @azcentral.” She said “it became clear that left unchecked, the new admin intended to abuse their power.”
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Although Arizona’s state income tax recently dropped to one of the lowest in the nation, a rookie lawmaker disagrees with the concept of having an income tax at all. Rep. Austin Smith, a West Valley Republican, filed House Bill 2395. He said taxpayers have struggled to make ends meet due to the current economic environment.
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Arizona State Rep. Quang Nguyen (R-Prescott) announced Tuesday the introduction of House Bill (HB) 2167, known as the Ashley Dunn Act, which may be a tool to help prosecutors crack down on fentanyl peddlers.
“The safety of the people in our state is my top priority,” said Nguyen in a press release. “Fentanyl is killing tens of thousands of Americans each year and destroying families. It’s a public crisis that should unite political parties to act urgently. We are in a war to save lives.”
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Wednesday, U.S. Senator JD Vance (R-OH) and Congressman Andy Biggs (R-AZ) wrote a bicameral letter to Alejandro Mayorkas, the secretary of the Department of Homeland Security, requesting an explanation of the Department’s careless decision to drastically expand immigration parole programs in the face of a historic border crisis.
According to Vance, the American people have a right to know the reasoning behind the Biden Administration’s decision, as well as, more significantly, the legal basis for it.
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Kari Lake is appealing the dismissal of her lawsuit contesting the results of a botched election for Arizona governor, which placed her opponent, Democrat Katie Hobbs, in office, but rumors are swirling in the mainstream media that she is moving on and considering running for U.S. Senate.
The rumors began when CNN reporter Kate Sullivan tweeted on Monday, “I’m told Kari Lake is considering running for the US Senate seat held by Kyrsten Sinema in 2024.” Newsweek published an article titled, “Kari Lake Might Have Finally Given up Her Hopes of Becoming Governor.”
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The Arizona-based Goldwater Institute (GI) released a report Tuesday detailing a potentially alarming aspect of some public state university’s hiring processes, requiring faculty to pledge support for progressive ideologies.
“Universities should be safe havens for free expression, but in Arizona and across the country, progressives are using diversity statement requirements as a political litmus test to enforce intellectual and political conformity in support of leftist dogmas like Critical Race Theory and CRT-based terminology such as ‘intersectional personal identities,'” according to an email from the GI.
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The US Department of Housing and Urban Development’s (HUD) recent Annual Homeless Assessment Report showed that Arizona had the largest increase in homeless youths in 2022, becoming the state with the fourth-highest percentage of minors living outside a home.
In response, Kim Quintero, the spokeswoman for the State Senate Republican Caucus, told The Arizona Sun Times that the caucus is considering legislation that would recognize unaccompanied homeless youths under 18 “need legal rights to access housing, shelters, and other basic services.”
“We currently have similar legislation on the books allowing any emancipated minor, any minor who has contracted a lawful marriage or any homeless minor to provide consent to the furnishing of hospital, medical and surgical care. We are looking at taking similar steps to provide critical protections, such as empowering minors experiencing homelessness to enter into contracts and to consent to shelter services,” Quintero said via email.
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Arizona State Reps. Jacqueline Parker (R-Mesa) and Alexander Kolodin (R-Maricopa) sent an inquiry to new Secretary of State Adrian Fontes (D), asking if he seeks to remedy errors in the state’s Elections Procedures Manual (EPM).
“Recent Arizona court decisions give us serious concerns about the lawfulness of former Secretary Hobbs’ 2019 EPM and 2021 draft EPM. Arizona law purports to authorize the EPM to achieve and maintain the maximum degree of correctness, impartiality, uniformity and efficiency in voting procedures throughout the state. But we question whether these mandates have been followed. We hope Secretary Fontes more fully evaluates where the prior Secretary overstepped her bounds and look forward to hearing how those errors will be corrected,” Reps. Parker and Kolodin said in a joint statement.
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A group of Arizona citizens residing in the Rio Verde Foothills (RVF) area outside of Scottsdale sued the City Thursday for cutting off its water supply, which they claim is vital for their community.
“There are approximately 500 households in Rio Verde Foothills which rely upon hauled water obtained from the Scottsdale Standpipe to serve their daily needs for domestic water,” according to the complaint. “Plaintiffs rely solely upon a source of water owned and provided by the City of Scottdale. The City has provided water service to the RVF community for over 30 years.”
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Following the unveiling of Gov. Katie Hobbs’s Fiscal Year (FY) 2024 Executive Budget, State Sen. T.J. Shope (R-Florance) stated it was a budget he, and his GOP colleagues in the state legislature, would not support.
“My colleagues in the Senate GOP will not support this budget and its declaration of war on parents. We will not support taxpayer funded scholarship programs for non-citizens. We will not support a repeal of the Border Strike Force at a time when the scourge of fentanyl plagues our people,” Shope tweeted. “We are united and we will hold the line for the Arizona we love.”
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One of the most well-known and revered Arizona legislators in recent years, Russell Pearce of Mesa, passed away on January 5, and his funeral was held on Monday. Hundreds packed the Church of Jesus Christ of Latter-day Saints central stake center in Mesa to listen to eulogies from family and friends, most of who were brought to tears speaking of his love for Arizona, his family, church, God, and the Constitution.
His sister Kathy Pearce spoke about “the work he did to protect our freedoms.” He “kept out country free so we could have the rights we do,” she said.
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With Democrats taking over the top leadership positions in Arizona, progressives are boldly moving onto their next steps in the state. Save Democracy Arizona (SDA) is looking into getting a ballot initiative that would open up primary elections to everyone and possibly implement ranked choice voting. The new group is composed of Democrats and moderate Republicans who seek to stop conservative Republicans from getting elected to office.
Arizona has a semi-closed primary system, meaning Republicans and Democrats automatically receive a ballot in the primary, but independents and other political parties must request one of those. With an open primary, any voter can vote with any party ballot. Save Democracy executive board member Sarah Brown Smallhouse explained why the group wants the change. “Because so few people (request a ballot), we almost have closed primaries,” she said. In recent years, independents have outnumbered both Republicans and Democrats in much of the state.
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If the reaction from Arizona Gov. Katie Hobbs’ first budget proposal is any indication, she and lawmakers are likely in for a long spring.
Hobbs announced her $17.1 billion spending proposal Friday afternoon, saying it lowers costs, invests in public education, secures the state’s water future and addresses the affordable housing crisis.
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With both the Arizona State Senate and House under Republican control, leadership from both branches announced Thursday that one of their priorities to kick off the new session is to create a continuation budget for 2023 and 2024.
“In order to continue state programs without fear of an irresponsible fiscal cliff, the Legislature seeks to provide certainty that at a minimum, we have a fiscal year 2023-2024 budget in place,” according to a joint statement from the State House Republican Leadership team. “We intend to build on last session’s successes and craft a budget that continues to champion fiscal responsibility, funding for key services, and relief for Arizonans.”
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A western Arizona public school district was found by state auditors to have put children on dangerous buses, run illegitimate nonprofits for decades, and misappropriated funds to the point where teachers’ pay couldn’t be fulfilled.
According to the results of an investigation by the auditor general, Hyder Elementary School District #16 in Southwest Arizona failed basic protocols in four areas, “putting public monies, sensitive computerized data, and student safety at risk.”
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Newly inaugurated Arizona Democratic Gov. Katie Hobbs is off to a rocky start, following a giggling bout at her swearing-in, questions surrounding inauguration donations, and a walkout during her first speech to the state Legislature by lawmakers who are planning to sue her.
Hobbs was sworn in on Jan. 2 in a brief ceremony off-limits to reporters, according to the Arizona Republic. A media pool photographer was present, and the ceremony was livestreamed. A public ceremony was later held on Thursday last week.
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The Arizona Court of Appeals has set a date of February 1st for conferencing on Kari Lake’s lawsuit attempting to overturn the results of the 2022 General election.
“Our appeal is scheduled to be heard before the court on February 1st. Do not underestimate @KariLake’s desire to get justice for the people of Arizona. It doesn’t matter how long it takes. She will see this through,” tweeted the Lake campaign.
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Ryan Heath, an attorney who started The Gavel Project to engage in lawfare against woke ideology, has filed a lawsuit against the judge who dismissed Kari Lake’s election lawsuit. Submitted on Monday, the Writ of Mandamus demands that Maricopa County Superior Court Judge Peter Thompson vacate his ruling and award the election to Lake.
Heath told The Arizona Sun Times he doesn’t really know where Thompson came up with the really high bar he required Lake’s attorneys to prove in order to overturn the election. Thompson required showing by clear and convincing evidence that the misconduct was intentional and meant to change the election, was performed by one of the appropriate people in charge, and that it changed the election. Heath said this was the wrong standard, he should have relied on Reyes v. Cuming, a 1997 Arizona case involving similar circumstances, where signatures on the envelopes were not compared to the voter registration list, violating a non-technical statute.
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Arizona State Senator J.D. Mesnard (R-Chandler) released a new video in his weekly update series titled “The Right Note,” addressing the length of time it took for races to be called in Arizona’s general election. In response to this issue, he stated that legislation to expedite this process is in the works.
“So, what I’m proposing is that folks who are waiting until Election Day to return their mail-in ballots should be treated similar to those who actually walked up to the polls and vote on Election Day. The main difference being that you would have to show ID,” Mesnard said.
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The Arizona-based Goldwater Institute (GI) announced that a lawsuit had been filed against the city of Phoenix Wednesday, alleging that it is violating the first amendment rights of some citizens leading up to the Super Bowl in February.
“Hosting sporting events should not come at the cost of surrendering fundamental rights. But by giving the NFL a blank check to censor the messages people can share, the city of Phoenix is trampling on hundreds of business owners and thousands of residents’ right to communicate with the public on their own property,” said GI Staff Attorney John Thorpe in a statement emailed to The Arizona Sun Times.
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Pima County announced Wednesday that its board of supervisors has settled on a new lease agreement with aerospace firm World View following a legal defeat from the Arizona-based Goldwater Institute (GI).
“This revision of the World View lease should put to rest years of legal wrangling over how Arizona counties can participate in economic development activities and business retention. Having prevailed on three of Goldwater’s four claims, and Goldwater on the fourth, we and all the other counties in the state now know where the lines are drawn, which is the silver lining in this costly dispute,” said County Administrator Jan Lesher in a statement shared with the press.
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In her Jan. 9 State of the State address, Gov. Katie Hobbs said the expansion of Arizona’s Empowerment Scholarship Account program would bankrupt the state’s budget.
“Funding this expansion is poised to cost Arizona taxpayers an estimated $1.5 billion over the next 10 years if left unaddressed,” she said.
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Arizona’s new Democratic Attorney General Kris Mayes hired progressive attorney Dan Barr as her chief deputy, according to AZ Law and Barr’s LinkedIn profile. However, insiders say the longtime attorney for mainstream media did not resign from the Democratic firm Perkins Coie, where he worked with progressive attorney Marc Elias, until after he started in the position, which would be a conflict of interest, especially if he was involved with any litigation involving the Arizona Attorney General’s Office (AAGO).
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Arizona State Rep. David Cook (R-Globe) led the House Ad Hoc Committee on Forest and Wildlife Management, and following the committee’s conclusion, Cook shared the successful results and efforts made by the committee in a massive final report Tuesday.
“I want to thank all the members that served on this committee – the final report shows their hard work and commitment to addressing this issue,” said Cook. “As a result of the five hearings we held around the state, we are better informed of the critical issues that can be addressed before Arizona families and communities are impacted by new catastrophic wildfires and post-fire flooding. In Arizona, we unfortunately know all too well that it’s a matter of ‘when,’ not ‘if’.”
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Jennifer Wright, the Election Integrity Unit (EIU) civil attorney for Arizona Attorney General Mark Brnovich until his second term ended earlier this month, resigned before newly elected Democrat Kris Mayes took office, but there are reports in the media spreading that she was fired. Wright gave The Arizona Republic “notice and demand for a correction prior to filing legal action pursuant to A.R.S. 12-653.2.”
Wright believes the false statements were made in order to discredit the work she did investigating voter fraud.
Wright tangled with the Maricopa County Supervisors and Maricopa County Stephen Richer many times, pointing out problems with the elections and demanding evidence and documentation. She asked the county four times to turn over information related to the Arizona Senate’s independent ballot audit of the 2020 election, but all four letters were ignored.
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Arizona State Rep. David Cook (R-Globe) announced Monday that he is seeking to work with the City of Scottsdale to alleviate the water struggle members of the Rio Verde Foothills (RVF) Community are facing.
“It is beyond me how a group of Arizona citizens could be put in such a position. Arizonans’ livelihoods depend on having a reliable and long-term water supply,” wrote Cook in a letter to Mayor David Ortega.
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Following the State of the State address from Arizona Gov. Katie Hobbs, Majority Leaders State Rep. Leo Biasiucci (R-Lake Havasu) and Sen. Sonny Borrelli (R-Lake Havasu) released a video responding to the speech.
“You heard from Governor Hobbs; she does not want a policy discussion but a hasty action for political points. Our founding fathers set up the legislative process that works,” said Borrelli. “We will not be sidetracked or bullied for political games. It [the legislative process] is divinely inspired by our founding fathers. We will stick to the mission.”
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Nogales Port of Entry Director Michael Humphries stated Monday that more fentanyl had been seized at his port in three months than in the entirety of the 2022 fiscal year (FY).
“In the first 3 months of FY23, the Nogales POE has already surpassed the total amount of fentanyl seized throughout all of FY22, which was already a record year,” tweeted Humphries.
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PHOENIX, Arizona – Monday marked the opening day for the 56th Legislative Session, but before getting down to business, the Arizona Freedom Caucus (AFC) and a group of Republican Legislators from the House and Senate met with the press to state they would be filing a lawsuit against Arizona Gov. Katie Hobbs (D).
“It’s become a modern phenomenon for Executive Branches across the country to try and legislate via executive order. We saw it with Barack Obama. We see it now with Joe Biden. And now, seemingly, Katie Hobbs, she also believes that she has the ability to legislate with the power of the pen, attempting to create law that simply does not exist,” said State Sen. Jake Hoffman (Queen Creek).
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Arizona’s newly-independent U.S. senator and a senior Texas Republican plan to bring several of their colleagues to the southern border for a firsthand look at what she calls “Washington’s failure.”
Sen. Kyrsten Sinema, I-Ariz., and Sen. John Cornyn, R-Texas, announced Friday they’re hosting six other senators in El Paso, Texas, and Yuma, Arizona, to “see the many challenges at the Southwest Border, meet with the brave men and women tasked with securing the border, and hear from local law enforcement, community leaders, and non-profits” responsible for asylum seekers out of federal custody.
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Arizona’s new Democratic Governor Katie Hobbs is facing criticism for secrecy surrounding the amounts of money that donors contributed to her inauguration events, which previous governors have disclosed in the past. It’s also been revealed that Hobbs asked the donors to contribute a quarter of a million dollars, with no explanation where the money is going. Arizona Senate President Pro Tempore T.J. Shope (R-Coolidge) said he may conduct an investigation.
“I would think it might be something we would look into,” Shope told AZ Family. “We should have the right to know as a citizen what kind of contributions they’re getting.” State Senator John Kavanaugh (R-Fountain Hills) said he agreed.
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Former Arizona Supreme Court Chief Justice Ruth McGregor will lead an investigation into printer issues that plagued Maricopa County on Election Day, according to a joint statement from the Maricopa County Board of Supervisors (BOS) Chairman Bill Gates and Vice Chairman Clink Hickman.
“Justice McGregor will hire a team of independent experts to find out why the printers that read ballots well in the August Primary had trouble reading some ballots while using the same settings in the November General. Our voters deserve nothing less,” said the officials. “Maricopa County appreciates Justice McGregor’s willingness to serve in this role. We look forward to her findings.”
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The Arizona State Senate Republican Caucus (Caucus) released its 2023 Majority Plan on Thursday, outlining priorities and approaches to strengthening the state and tackling important issues. Kim Quintero, director of communications for the Caucus, told The Arizona Sun Times that the elected officials would do their best to honor the Republican values they ran on while working under newly sworn-in Gov. Katie Hobbs (D).
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Longtime Arizona Legislator Russell Pearce of Mesa, who served as Senate President in 2011, passed away Thursday at age 75. The sponsor of Arizona’s nationally known SB 1070 curbing illegal immigration, which Governor Jan Brewer famously signed into law in 2010, died peacefully at a hospital surrounded by family and friends after becoming sick earlier in the week.
Pearce was loved on both sides of the aisle, famous for his friendship with Senator Kyrsten Sinema (D-AZ) going back to when she was in the state legislature and considered the most liberal member — the Arizona Federation of Taxpayers awarded her the Vladimir I. Lenin Award. According to one source, Sinema moved her desk at the legislature to sit next to Pearce.
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Arizona Supreme Court (ASC) Justice John R. Lopez released an opinion Wednesday evening denying Republican Kari Lake’s request to transfer her election challenge case directly to the ASC. Despite the denial, Lake remains undeterred in her legal battle.
“My court case will be going before the Appeals Court prior to the Arizona Supreme Court because it’s already been scheduled for review. This decision was done without prejudice & I am confident the case will end up in their hands eventually. We’re moving forward,” Lake tweeted.
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Republican Arizona Attorney General candidate Republican Abe Hamadeh is not giving up contesting the election which went to Democrat Kris Mayes by just 280 votes. His first lawsuit contesting the election results was dismissed as premature, his second was thrown out by Mohave County Superior Court Judge Lee Jantzen for not showing there were enough problematic votes to change the election, but on Tuesday Hamadeh and the RNC, along with two individuals, filed a motion for a new trial, based on additional evidence of voter disenfranchisement. Hundreds of uncounted ballots were recently found in Pinal County.
Hamadeh said on the Charlie Kirk Show, “We didn’t have these facts. But you know who had these facts? It was Secretary of State @katiehobbs. She had all these facts and she withheld them from the court, she withheld them from me. We weren’t able to present any of this evidence.”
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