Eyman To Ferguson: 3 Strikes, You’re Out! Motion To Name Outside Counsel Filed. AG Sabotage Must End

by | Dec 5, 2019

Today (Thurs, Dec 5, 2019), 11:00am, 516 3rd Ave, Seattle (King County Superior Court, 6th floor) — Intervenor Tim Eyman submitting Motion to Name Outside Counsel

AG Bob Ferguson’s intentional sabotage of I-976 must stop.

3 strikes, you’re out!!!

strike 1: AG Bob Ferguson refused to file change of venue* (extensive explanation below *)

strike 2: AG Bob Ferguson refused to file motion for reconsideration before appealing to the supreme court

strike 3: it was the AG’s ballot title for I-976 that the judge said was the problem. 

3 strikes you’re out!!!

Motion to Appoint Outside Counsel is being turned in to the clerk today. It will be heard on Fri, Dec 13th.

Excerpt from the documents being submitted today to the clerk’s office, 6th floor, King County courthouse:

        When one factors in the role of the AG in drafting the purportedly unconstitutional ballot title for I-976, and a well-documented recent history of animosity between the AG and the sponsor of the ballot initiative, at minimum, it is extremely problematic for the AG to be defending such an initiative. This is of significant concern. Public confidence in the process, the legitimacy of the eventual decision of the courts, and the people’s faith in the system are at stake.

E.     Intervenors Are Asking for Appointment of Outside Counsel, and Doing So Ensures That the Will of the Voters is Protected and Respected

        The following factors make clear that outside counsel should be appointed here:
        1) The AG drafted the ballot title for I-976 that this Court based its granting of Plaintiffs’ Motion for a Preliminary Injunction;
        2) The AG did not move for a change of venue in this matter despite its disparate impact on King County; 
        3) The AG failed to raise a number of legal issues brought to its attention including the standing of certain governmental Plaintiffs to challenge I-976 and the need for a bond for a preliminary injunction;
        4) The AG’s failure and refusal to file Motion for Reconsideration of the Court’s granting of Plaintiffs’ Motion for a Preliminary Injunction before filing the appeal;
        5)  The AG has an ongoing, contentious, campaign reporting enforcement lawsuit, and claims resulting therefrom, against I-976 sponsor and promoter Tim Eyman; and
        6) Both Attorney General Bob Ferguson as well as Solicitor General Purcell have repeatedly made “on the record” statements indicating bias and/or prejudice towards Eyman’s political activities, and the ballot initiatives that he sponsors and promotes.

        The present legal challenge to I-976 has attracted significant attention. The people, the press, and other elected and unelected officials are watching and evaluating what’s going on. With the AG’s Emergency Motion as well as Pierce County’s announcement they will be involved as an Intervenor in this matter in support of I-976, the importance of this legal challenge to I-976 is only going to grow over time. The nation will soon be watching. 

          Accordingly, it is essential that I-976 be defended by legal counsel who does so diligently and zealously so as to engender the people’s trust in democracy and their government. What has transpired thus far in this matter has raised significant concerns and questions about the AG’s ability to meet these criteria in the absence of the appointment of outside counsel.  Consequently, the appointment of outside counsel to assist with defending the constitutionality and legality of I-976 is necessary.


           For the foregoing reasons, and under the above-cited authority, Intervenors’ Motion to Appoint Outside Counsel should be granted.

* (strike 1 was fatal. Bob Ferguson, by allowing a Jay Inslee appointed King County judge – a judge who is employed by and gets paid by the plaintiff (King County) – to decide this case has permanently and irreparably harmed the defense of I-976. And Bob Ferguson knew of this obvious conflict, knew he could file for change of venue, and intentionally did not. Bob Ferguson purposely undermined I-976 by refusing to have this case decided in a non-plaintiff county (there were 37 counties that were not parties in the case – moving the case to any of those non-plaintiff counties would’ve avoided this clear and obvious conflict – AG Bob Ferguson didn’t even try – any real lawyer who actually wanted I-976 to be upheld would’ve done so without hesitation – AG did not because he did not want I-976 to be upheld for the reasons Steve O’Ban highlighted in his Nov 11 letter to Ferguson (see page 2): https://www.documentcloud.org/documents/6544644-Steve-O-Ban-letter-to-AG-re-I-976.html)

3 strikes, you’re out!! AG Bob Ferguson’s sabotage must end.

After yesterday’s supreme court ruling (AG was happy with their decision), I sent this out:

From: Tim Eyman <tim.eyman@gmail.com>
Sent: Wednesday, December 4, 2019 6:03 PM
Subject: Eyman’s statement on Supreme Court rejecting Bob Ferguson

The AG’s intentional sabotage of I-976 has succeeded. Bob Ferguson robbed voters of their $30 tabs by refusing to do what a real lawyer would have done:

1) Bob Ferguson refused to file motion to change venue. This was fatal. A King County judge cannot be unbiased when they’re paid by the plaintiff. Bob Ferguson knew that but didn’t even try to move the case to a non-plaintiff county.

2) Bob Ferguson refused to file motion for reconsideration before appealing to the supreme court. Bob Ferguson’s pathetic defense of I-976 in lower court was just cut-and-pasted and sent to the High Court. Bob Ferguson didn’t try to correct all his errors before appealing because he wanted to lose.

3) Bob Ferguson refused to file an affidavit of prejudice on a Jay Inslee appointed judge whose Facebook friends with Pete Holmes. A real lawyer would have – Bob Ferguson didn’t.

4) The judge said Bob Ferguson’s ballot title for I-976 may have created confusion – Bob Ferguson never argued that the voters pamphlet contained the Explanatory Statement, the Fiscal Impact Statement, the Pro-Con Statements, and the text of the initiative were there for any voter.

The 500,000 taxpayers in taxpayers who are forced to pay over $30 for tabs can blame Bob Ferguson for that. Same goes for the 500K in January, the 500K in February etc. Bob Ferguson cemented his skullduggery by ignoring 400 citizens who demanded he file a motion for reconsideration (https://mailchi.mp/d6647a26fb5a/call-to-action-must-send-emails-to-bob-ferguson)

Bob Ferguson has permanently and irreparably harmed I-976. It if further proof that Bob Ferguson has been purposely and intentionally sabotaging I-976 from within while trying to look like the great Savior — voters now know it was all an act.

Sent to Bob Ferguson and his team on Thanksgiving Day: https://tinyurl.com/EymanLettertoFerguson
Link to Exhibits 1 – 13: https://tinyurl.com/Exhibits1through13
Link to Exhibits 14 – 25: https://tinyurl.com/Exhibits14through25

I make you this promise: support me in this effort and I’ll give you a race for Governor like you’ve never seen before.

I love you all.