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LEGAL OPINION OF BOB BARR, ESQ. STATEOF GEORGIA) ) COUNTY OF COBB ) BOB BARR, first having been duly swom, deposes and says: 1 My name is Bob Barr. I am a former United States Attorney and am currently practicing law of counsel with the Law Offices of Edwin Marger. I teach Constitutional Law at John Marshall Law School in Atlanta, Georgia, and serve also as President and CEO of a consulting firm named Liberty Strategies, Inc., which specializes in government relations and public policy, 2. Thave been retained by counsel with Ogletree Deakins Nash Smoak & Stewart in connection with their representation of Andrew P. Thomas, Esq. regarding ethics screening investigations initiated by the Arizona State Bar into Mr. Thomas’ criminal prosecution of high- profile Maricopa County public officials and other matters. 1, EXPERT QUALIFICATIONS 3 1 graduated with a bachelor’s degree from the University of Southern California and was subsequently awarded a master’s degree from ‘The George Washington University and a juris doctorate from Georgetown University. 4, have been admitted to practice law for thirty-three years, I am currently a professor at John Marshall Law School in Atlanta, Georgia, teaching Constitutional Law and a member of the boards of advisors for law reviews at Georgetown University Law Center and the University of Texas Law School. 5. From 1971-1978, I was an official with the Central Intelligence Agency of the ‘United States of America, 6. In 1986 I was appointed by President Ronald Reagan as the United States Attorney for the Northern District of Georgia and served in that capacity until 1990. 7, served as President of Southeastern Legal Foundation from 1990-1991. 8. represented the 7" District of Georgia in the U. S. House of Representatives from 1995 to 2003, during which time I served as a member of the Committee on the Judiciary; and I was the 2008 Libertarian Party nominee for President of the United States. 9. From 2003 to 2008, I occupied the 2/" Century Liberties Chair for Freedom and Privacy at the American Conservative Union, and am now a member of The Constitution Project’s Initiative on Liberty and Security, From 2003 to 2005 I was a member of a project at Harvard University’s Kennedy School of Government addressing matters of privacy and security T now serve as a board member for Privacy Intemational, a privacy watchdog group headquartered in London. 10, T serve on the boards of directors for the National Rifle Association and Force, a company providing domestic and international security. I am a national officer for Tau Kappa Epsilon Fraternity. 11, Ihave authored three books: “The Meaning of Is: The Squandered Impeachment and Wasted Legacy of William Jefferson Clinton,” “Patriot Nation: Bob Barr’s Laws of the Universe Volume One,” and “Lessons in Liberty.” 12. I waite a weekly column and regular blogs (“The Barr Code”) for the Adanta Journal-Constitution. 1 also write occasional picces for other publications, including various law reviews, and have hosted a nationally-syndicated weekly radio show. Il. MATERIALS REVIEWED 13. Documents and information which I have considered in forming my opinions in this matter include the following: a, Arizona Supreme Court Rule 51 (“Rule 51°) attached as Exhibit A; b. Letter from John Phelps to Chief Justice Rebecea Berch, dated March 2, 2010 (the “Phelps Letter”) attached as Exhibit B; ce, Declaration of Daniel J. McAuliffe, dated June 16, 2008 (the “McAuliffe m1. 14. Declaration”) attached as Exhibit C; Declaration of Robert Van Wyck, dated June 17, 2008 (the “Van Wyck Declaration”) attached as Exhibit D; Administrative Order of the Arizona Supreme Court, 2010-33 attached as Exhibit E; Administrative Order of the Arizona Supreme Court, 2010-41 attached as Exhibit F; Motion to Dismiss Based upon Illegal Initiation, attached as Exhibit G; Ruling of Panelist, Charles Jones, dated May 28, 2010 attached as Exhibit H. Arizona State Bar website, webshots attached as Exhibit I; and Lawyer Discipline Changes Proposed, ARIZONA ATTORNEY, March 2010, attached as Exhibit J EXPERT OPINIONS After reviewing the applicable facts, the law, materials issued by the Arizona State Bar, and the ruling of Panclist Charles Jones, it is my expert opinion that the screening investigations against Andrew Thomas, Esq., Lisa Aubuchon, Esq., and Rachel Alexander, Esq. (Mr, Thomas, ef al.”) were illegally initiated and are proceeding in violation of the constitutionally-afforded due process and equal protection rights of Mr, Thomas, ef al. The only remedy for the egregious violations, described further herein, is immediate dismissal of the sereening investigations, 15. Constitutionally speaking, there are certain protections that must be provided for in the initiation of criminal or quasi-criminal proceedings, such as ethics investigations. This is