Exhibit B

Case 2:18-cr-00422-DJH Document 1071-2 Filed 10/14/20 Page 1 of 6
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DEFENDANTS’ JOINT DECLARION IN SUPPORT OF MOTION FOR RECUSAL

Thomas H. Bienert, Jr. (CA Bar No.135311, admitted pro hac vice)

Whitney Z. Bernstein (CA Bar No. 304917, admitted pro hac vice)

BIENERT | KATZMAN PC

903 Calle Amanecer, Suite 350

San Clemente, California 92673

Telephone: (949) 369-3700

Facsimile: (949) 369-3701

tbienert@bienertkatzman.com

wbernstein@bienartkatzman.com

Attorneys for James Larkin

Paul J. Cambria, Jr. (NY Bar No.1430909, admitted pro hac vice)

Erin McCampbell (NY Bar No. 4480166, admitted pro hac vice)

LIPSITZ GREEN SCIME CAMBRIA LLP

42 Delaware Avenue, Suite 120

Buffalo, New York 14202

Telephone: (716) 849-1333

Facsimile: (716) 855-1580

pcambria@lglaw.com

emccampbell@lglaw.com

Attorneys for Michael Lacey

Additional counsel listed on next page

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff,

vs.

Michael Lacey, et al.,

Defendants.

CASE NO. 2:18-cr-00422-PHX-SMB

DEFENDANTS’ JOINT 

DECLARATION IN SUPPORT OF 

DEFENDANTS’ REPLY TO MOTION 

FOR RECUSAL

[Filed Concurrently with Defendants’ Reply 

In Support of Motion for Recusal 

(Doc. 1059)]

(Oral Argument Requested)

Case 2:18-cr-00422-DJH Document 1071-2 Filed 10/14/20 Page 2 of 6
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DEFENDANTS’ JOINT DECLARATION IN SUPPORT OF MOTION FOR RECUSAL

Gary S. Lincenberg (CA Bar No. 123058, admitted pro hac vice)

Ariel A. Neuman (CA Bar No. 241594, admitted pro hac vice)

Gopi K. Panchapakesan (CA Bar No. 279856, admitted pro hac vice)

BIRD, MARELLA, BOXER, WOLPERT, NESSIM,

DROOKS, LINCENBERG & RHOW PC

1875 Century Park East, 23rd Floor

Los Angeles, California 90067-2561

Telephone: (310) 201-2100

Facsimile: (310) 201-2110

glincenberg@birdmarella.com

aneuman@birdmarella.com

gpanchapakesan@birdmarella.com

Attorneys for John Brunst

Bruce Feder (AZ Bar No. 004832)

FEDER LAW OFFICE PA

2930 E. Camelback Road, Suite 160

Phoenix, Arizona 85016

Telephone: (602) 257-0135

bf@federlawpa.com

Attorney for Scott Spear

David Eisenberg (AZ Bar No. 017218)

DAVID EISENBERG PLC

3550 N. Central Ave., Suite 1155

Phoenix, Arizona 85012

Telephone: (602) 237-5076

Facsimile: (602) 314-6273

david@deisenbergplc.com

Attorney for Andrew Padilla

Joy Malby Bertrand (AZ Bar No. 024181)

JOY BERTRAND ESQ LLC

P.O. Box 2734

Scottsdale, Arizona 85252

Telephone: (602)374-5321

Facsimile: (480)361-4694

joy.bertrand@gmail.com

Attorney for Joye Vaught

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DEFENDANTS’ JOINT DECLARATION IN SUPPORT OF MOTION FOR RECUSAL

We, Thomas H. Bienert, Jr., Paul Cambria, Jr., Bruce Feder, Gary Lincenberg, David 

Eisenberg, and Joy Bertrand, declare as follows:

1. We are counsel for the Defendants in this matter. We submit this joint declaration in 

support of the Motion to Recuse (“Motion”) (Dkt. 1059), to address a matter raised by the 

government in its opposition.

2. Prior to September 2020, we had not seen any information that led us even to consider 

a recusal motion. As stated in the Motion, in September 2020, we first became aware of the booklet 

(as defined in the Motion). The discovery of the booklet led to an investigation of other statements 

and actions by Arizona Attorney General Mark Brnovich relevant to this case. That investigation was 

conducted with the utmost haste, and uncovered virtually all the facts set forth in the Motion.

3. Once we examined those facts, and the pertinent law, we concluded not only that we 

were ethically obligated to raise the issue with the Court but also that there were abundant reasons to 

believe that AG Brnovich had an interest that might be affected and that the Court’s impartiality 

might reasonably be questioned. See In re Bernard, 31 F.3d 842, 847 (9th Cir. 1994). After determining 

that a motion seeking recusal was warranted, we worked diligently to draft and file the Motion at the 

earliest possible date.

4. When this case was assigned to the Hon. Susan M. Brnovich, we were either aware or 

were made aware that her spouse is Attorney General Mark Brnovich. We did not conduct any 

investigation into Attorney General Mark Brnovich’s views, statements, or actions regarding 

Backpage.com or this case. We know of no affirmative obligation to investigate a judge’s spouse and 

we had no reason to suspect that he had made statements, issued written materials, or otherwise 

associated himself with this case in the manner set forth in the motion.

5. When this case began in April 2018, some (but not all) of us were aware that various 

Attorneys General had written letters to Backpage.com and to Congress. Those of us who were 

aware of this series of letters did not focus on the August 16, 2017 letter (the only letter signed by 

Attorney General Mark Brnovich), as it was sent to Congress (not Backpage.com) and it was not 

identified as a potential trial exhibit. Likewise, none of us focused on the fact that Attorney General 

Mark Brnovich was one of the dozens of signatories to the August 16, 2017, letter (at the time, he 

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DEFENDANTS’ JOINT DECLARATION IN SUPPORT OF MOTION FOR RECUSAL

had no connection to this case). During our trial preparations, which have included sifting through 

millions of documents produced by the government, none of us focused on this one letter.

6. After discovering the booklet, the defense conducted targeted searching for Attorney 

General Brnovich’s public statements relating to Backpage.com. One of those searches hit on the 

August 16, 2017, letter. After reviewing the letter following that search, we first realized the 

pertinence of the letter to the issue of recusal, seeing that Attorney General Brnovich had signed the 

letter and made the claims he did about Backpage.com in the letter.

7. Before discovering the booklet and conducting our ensuing investigation, we never 

believed we had a basis to seek recusal nor were we aware of facts that caused us to believe we might 

even have a basis to seek recusal. When we first became aware of facts that might provide a basis for 

recusal, in September 2020, we promptly investigated further and filed the Motion less than two weeks 

later. We never postponed investigating or pursuing recusal, whether for strategic reasons or 

otherwise.

I declare under penalty of perjury of the laws of the United States of America that the 

foregoing is true and correct. 

Executed this 14th day of October, 2020, at San Clemente, California.

s/Thomas H. Bienert, Jr.

Thomas H. Bienert, Jr.

Attorney for James Larkin

I declare under penalty of perjury of the laws of the United States of America that the 

foregoing is true and correct. 

Executed this 14th day of October, 2020, at Buffalo, New York.

s/ Paul J. Cambria, Jr.

Paul J. Cambria, Jr.

Attorney for Michael Lacey

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DEFENDANTS’ JOINT DECLARATION IN SUPPORT OF MOTION FOR RECUSAL

I declare under penalty of perjury of the laws of the United States of America that the 

foregoing is true and correct. 

Executed this 14th day of October, 2020, at Phoenix, Arizona.

s/ Bruce Feder 

Bruce Feder

Attorney for Scott Spear

I declare under penalty of perjury of the laws of the United States of America that the 

foregoing is true and correct. 

Executed this 14th day of October, 2020, at Los Angeles, California.

s/ Gary S. Lincenberg 

Gary S. Lincenberg 

Attorney for John Brunst

I declare under penalty of perjury of the laws of the United States of America that the 

foregoing is true and correct. 

Executed this 14th day of October, 2020, at Flagstaff, Arizona.

s/ David Eisenberg 

David Eisenberg

Attorney for Andrew Padilla

I declare under penalty of perjury of the laws of the United States of America that the 

foregoing is true and correct. 

Executed this 14th day of October, 2020, at Scottsdale, Arizona.

s/ Joy Bertrand 

Joy Bertrand

Attorney for Joye Vaught

Case 2:18-cr-00422-DJH Document 1071-2 Filed 10/14/20 Page 6 of 6