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LEGAL OPINION OF BOB BARR. ESQ. STATEOF GEORGIA) ) COUNTY OF COBB J BOB BARR, first having been duly sworn, deposes and says: 1 My name is Bob Barr. I am a former United States Attomey 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., whieh specializes in goverment relations and public policy. 2 have been retained by counsel with Ogletree Deakins Nash Smoak & Stewart in connection with their representation of Andrew P. Thomas, Esq. regarding ethies screening investigations initiated by the Arizona State Bar into Mr. Thomas’ criminal prosecution of high- profile Maricopa County public officials and other matters. L EXPERT QUALIFICATIONS 3. T 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. Thave 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 Atiomey for the Northern District of Georgia and served in that capacity until 1990. 7 I served as President of Southeastern Legal Foundation from 1990-1991. 8. 1 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, I now serve as a board member for Privacy International, a privacy watchdog group headquartered in London. 10. I serve on the boards of directors for the National Rifle Association and IForce, a ‘company provi ing domestic and international security. I am a national officer for Tau Kappa Epsilon Fraternity, Il. Thave 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 Ono,” and “Lessons in Liberty.” 12. I write @ weekly column and regular blogs (“The Barr Code”) for the Aflanta Journal-Constitution. 1 also write occasional pieces for other publications, including various law reviews, and have hosted a nationally-syndicated weekly radio show, TL. MATERIALS REVIEWED 13, Documents and information which I have considered in forming my opinions in this matter include the following: a, February 14, 2008 Affidavit of Emest Calderén, Esq, attached hereto as Exhibit A; b. — May 30, 2008 e-mails between Ernest Caldern and Joseph Kanefield, attached hereto as Exhibit B; Lawyer claims State Bar retaliating against him, EAST VALLEY TRIBUNE, May 31, 2008, attached hereto as Exhibit C; 4. Bar's Witch Hunt, ARONA REPUBLIC, June 8, 2008, attached hereto as Exhibit D; €. Arizona Revised Statute §13-2802, attached hereto as Exhibit E; and f Panelist Charles Jones’ May 28, 2010 ruling, attached hereto as Exhibit F. IM, EXPERT OPINIONS 14, I have reviewed the above-listed materials and am further informed for the purposes of this opinion that Mr. McAuliffe’s statement, “Maybe he shouldn’t have filed that affidavit,” made in conneetion with the concurrent punishment of Emest Calderén, was never retracted and was never repudiated by either the Arizona State Bar or the Arizona Supreme Court. 15, Mr. MeAuliffe’s public statement, made to the East Valley Tribune and reprinted in the Arizona Republic is a clear and unambiguous threat, ‘The statement has no other reasonable interpretation. 16, It is apparent that Ms, McAuliffe made his public statement and threat in his official capacity as President of the State Bar of Arizona and on behalf of that organization as its officer. 17. After reviewing the applicable facts and the law, it is my expert opinion that Mr. McAuliffe’s statement to the news media, combined with the collective action of the Arizona State Board of Governors in retaliation against Mr. Calderdn, constitute an illegal threat against a witness, In my experience as a former U.S, Attorney, threats against witnesses or potential witnesses should not be taken lightly. Given the very public nature of this threat and the implications of the threat on an investigation ultimately governed by the Arizona Supreme Court, 1am at a loss to explain why the Arizona State Attorney General did not investigate and prosecute Mr. McAuliffe for violations of state statute § 13-2802.