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    • Ruben and Kate Gallego make new appeal to keep AZ divorce files closed
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    Ruben and Kate Gallego make new appeal to keep AZ divorce files closed

    Kathleen William Posted on

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    The Arizona Supreme Court on Wednesday quickly rejected a request from U.S. Senate candidate Ruben Gallego and his ex-wife, Phoenix Mayor Kate Gallego, to keep their 2016 divorce file secret longer, paving the way for Publication of the information with some redactions is free after midnight.

    The decision is a legal victory for the Washington Free Beacon, a conservative news organization that sued Yavapai County Superior Court to open the file that was closed when the couple separated. It said the case was pursued to gain a fuller understanding of Ruben Gallego as he seeks a seat in the U.S. Senate and the file becomes public more than a week after early elections began.

    The decision is also a political cudgel for Kari Lake, Gallego's Republican opponent, who has vilified him for weeks over a divorce that began shortly before Kate Gallego gave birth to her son.

    The Gallegos said they were simply trying to protect their son and blamed Lake for the legal challenge, although their campaign has denied any role in the Free Beacon case.

    Michael Edney, an attorney with Free Beacon, called the ruling a victory for the First Amendment and the principles that require the release of court records.

    “You made the right decision,” he said. “Frankly, Congressman Gallego’s position that all of this should be kept away from the public was never legally supported and advocated for a special privilege for politicians that the rest of us don’t have.”

    The Gallegos did not immediately comment on the matter, which they have previously strongly denounced.

    In an interview with KTAR (92.3 FM) on Wednesday, Ruben Gallego reiterated his view that they wanted to seal the file to protect their son.

    “The judge who is actually overseeing this has said this is one of the most boring, boring divorce proceedings. The reason Kate and I have tried to maintain so much confidentiality is not our responsibility; It’s for our son Michael,” he said.

    Gallego said Lake attacked the family of the late U.S. Sen. John McCain, R-Arizona; the family of Maricopa County Recorder Stephen Richer had to hire bodyguards because of her attacks; and Maricopa County Supervisor Bill Gates resigns over harassment by election deniers that led to post-traumatic stress disorder.

    “This is what we want to protect our son from because she will do anything, she will say anything and hurt anyone just to get power,” he said.

    In a separate interview with KTAR on Wednesday, Lake suggested that Ruben Gallego was beholden to drug cartels because his estranged father was a convicted drug dealer who only officially left his life after a divorce when Ruben Gallego was 18.

    “This could explain some of his votes with a wide open border and big lies about what led to his divorce,” Lake said.

    Arizona Court of Appeals Affirms Ruling: Ruben and Kate Gallego of Arizona have their divorce papers unsealed

    In an effort to keep the file secret while they appeal to the state Supreme Court, the Gallegos said that, unlike Kate Gallego and her son, Free Beacon will not be harmed.

    “Free Beacon has repeatedly stated that it is seeking to publicize the details of the Gallegos’ divorce for political reasons,” they wrote in court documents shared by Free Beacon.

    “In a polarized time when elected officials’ data is constantly being tracked, the risk of unlawful disclosure that could provide a lead to bad actors is high. This is especially true in light of actual, reported threats that Mayor Gallego and her son have received.”

    In its own court filing Wednesday, Free Beacon argued that the divorce documents were probably unsealed and that keeping them sealed after two courts had already agreed to unseal them would harm the public.

    “This process means that the media and the electorate will not know about these supposedly public records until all votes have been cast and decisions about the identities of electoral representatives have been made.” This damage to the media and voters is time-sensitive and irreparable and began a week ago with the start of early voting, a problem that will get worse every day until November 5th,” Free Beacon’s attorney argued.

    Lake's campaign took advantage of the appeal effort.

    “Ruben Gallego left his wife when she was nine months pregnant,” the campaign said in a statement earlier in the day. “Now that he is running for Senate, Ruben Gallego has spent nearly a million dollars in campaign funds to prevent his divorce papers from becoming public. What is he hiding?”

    In July, a Yavapai County Superior Court judge ordered the case dismissed and requested some relief from the Gallegos. The Gallegos appealed to the Arizona Court of Appeals, which upheld the earlier ruling.

    The Gallegos' appeal to the state Supreme Court argued that the courts had never made specific findings rejecting the more expansive redactions they favored. They also attempted to black out any reference to their son, citing threats to his safety.

    The Gallegos separated in December 2016 after six years of marriage. Kate Gallego, Phoenix's then-vice mayor, wrote about it on Facebook.

    “It's painful when a marriage ends, and it's something I never wanted or expected,” she wrote.

    “Although we are both civil servants, we consider this a completely private matter and neither Ruben nor I will answer any further questions. Instead, I will focus all my energy on preparing for the birth of our son in January and being the best mother possible to him.”

    Ruben Gallego, who had just won his second term in Congress, added his own social media message at the time.

    “I am sad to announce that my marriage is coming to an end. Kate and I hope this remains a private matter and appreciate your respect for our privacy.”

    In his book “They Called Us Lucky,” Ruben Gallego briefly mentioned his divorce and its timing.

    “I don't want to give away the whole plot, but we get married, inevitably fall apart, and eventually divorce at what outsiders might think is the worst possible time,” he wrote.

    “Nevertheless, we remain friends, share each other’s lives and support each other’s careers. But the terms of our relationship are completely different now.”

    The divorce was finalized in 2017.

    Republican reporter Taylor Seely contributed to this report.

    (This story has been updated to add new information.)

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    Kathleen William
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