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US May Sue Arizona's Sheriff Arpaio for Not Cooperating in Investigation
PHOENIX - A federal investigation of a controversial Arizona sheriff known for tough immigration enforcement has intensified in recent days, escalating the conflict between the Obama administration and officials in the border state.
Maricopa County Sheriff Joe Arpaio announces his plans for a crime suppression sweep in Phoenix on July 29, 2010. Justice Department officials in Washington have issued a rare threat to sue Maricopa County Sheriff Joe Arpaio if he does not cooperate with their investigation of whether he discriminates against Hispanics. (AP Photo/Ross D. Franklin) Justice Department officials in Washington have issued a rare threat to sue Maricopa County Sheriff Joe Arpaio if he does not cooperate with their investigation of whether he discriminates against Hispanics. The civil rights inquiry is one of two that target the man who calls himself "America's toughest sheriff." A federal grand jury in Phoenix is examining whether Arpaio has used his power to investigate and intimidate political opponents and whether his office misappropriated government money, sources said.
The standoff comes just weeks after the Justice Department sued Arizona and Gov. Jan Brewer (R) because of the state's new immigration law, heightening tensions over the issue ahead of November's midterm elections. The renewed debate has focused attention on Arpaio, a former D.C. police officer who runs a 3,800-employee department, and a state at the epicenter of the controversy over the nation's estimated 12 million illegal immigrants.
Once seen as a quirky figure who has inmates dress in pink underwear and forces them to work on chain gangs, Arpaio has in recent years become a kind of folk hero to those who favor his heavily publicized "crime sweeps," conducted mostly in Hispanic neighborhoods. But civil rights groups accuse the 78-year-old lawman of racial profiling. And some Maricopa County officials say Arpaio has begun meritless corruption investigations of officials who have criticized his policies or opposed his requests.
Those allegations are at the core of the Justice Department investigations, according to documents, lawyers familiar with the inquiries, and people who have been questioned by FBI agents and the grand jury.
The investigations reflect the tangled politics surrounding the immigration debate. The criminal probe is led by Dennis K. Burke, the U.S. attorney in Phoenix who was a top aide to Homeland Security Secretary Janet Napolitano.
Two of Arpaio's attorneys, Robert N. Driscoll and Asheesh Agarwal, were officials in the Justice Department's civil rights division in the George W. Bush administration. They denied that the sheriff, a Republican who has been reelected four times since 1992, has been uncooperative or has engaged in racial profiling, misusing money or targeting political enemies.
"The sheriff's office is cooperating fully with the grand jury investigation and has complete confidence that the inquiry will clear it of any wrongdoing," Agarwal said. "The office has always fulfilled its responsibilities truthfully, honorably, and in full compliance with state and federal law."
Arpaio's attorneys contend that the investigations are politically motivated, citing a news conference in March at which Attorney General Eric H. Holder Jr. was quoted as saying he expects the inquiries to "produce results."
"While we have no quarrel with the assistant U.S. attorneys handling the investigation, the attorney general's comments appear to violate federal regulations, departmental policy and state ethical rules designed to ensure the fairness of criminal investigations," Agarwal said.
Brewer and her supporters have also asserted that the Justice Department was politically motivated in its lawsuit over the state law, which authorizes, among other things, police officers to ask about the status of people suspected of being in the country illegally. A federal judge last month stopped the most controversial sections of the legislation from taking effect.
Justice Department officials denied any political considerations, saying the investigations and the lawsuit are based on the facts and the law. They declined to comment on details of the Arpaio inquiries.
The civil rights division's investigation began in March 2009 and focuses on whether Arpaio's department engaged in "discriminatory police practices and unconstitutional searches and seizures," along with allegations that his jail discriminated against Hispanic inmates, according to letters the division sent to Arpaio. A complaint to the Justice Department said that even bilingual jail guards are required to speak to inmates only in English and that the rule could endanger prisoners' medical care. The jail was also accused of forcing Hispanic visitors to fill out a "citizenship check" form, the letters said.
Lawyers in the division have repeatedly interviewed Phoenix area human rights leaders about Arpaio's immigration sweeps, and local "cop watch" groups have turned over hours of video footage of the sweeps to investigators.
"Their questions are in regards to racial profiling, questions about what are the practices when people get stopped," said Salvador Reza, an organizer with the Puente human rights movement who has met with Justice Department lawyers. He said the lawyers have asked about the treatment of inmates in Arpaio's jail.
In an Aug. 3 letter to Arpaio's attorneys, Thomas E. Perez, assistant attorney general for the civil rights division, said the sheriff's office had declined repeated requests to turn over documents and meet with investigators. Without cooperation by Tuesday, the letter said, the government would file suit "to compel access to the requested documents, facilities and personnel."
In his Aug. 5 reply, Driscoll accused the Justice Department of "a desperate attempt" to compel cooperation and of "a public relations campaign against Sheriff Arpaio." He added: "DOJ cannot require the reproduction of millions of pages of documents so DOJ can 'see what it can find.' "
Arpaio's resistance is highly unusual: Justice Department officials said the threat of such a lawsuit is rare. They added that they plan to meet with the sheriff's attorneys next week in a last-ditch effort to forestall litigation. If the department files a broader civil lawsuit, it could result in the department terminating the several million dollars in grants to Arpaio's office each year or in a judge's order forcing him to change his policies.
On a separate track, the grand jury investigation has been underway since at least January. Lawyers familiar with the inquiry and witnesses said it is focused on allegations that as Arpaio has fought with the county board over his budget and other issues, he and his deputies have retaliated by carrying out at least seven criminal investigations of county officials alleging corruption, fraud and other crimes.
Some legal experts say it could be difficult for such allegations to result in criminal charges. "I don't know what a charge would be," said Peter Zeidenberg, a former Justice Department public corruption prosecutor. "We all would agree that being abusive is wrong, but I'm not aware of any federal statute that would fit."
In one case, Arpaio leveled 40 corruption-related charges against a county supervisor who had spoken out against his policies, all of which a judge dismissed. In another, the sheriff's allies in the county attorney's office filed more than 100 criminal counts against another supervisor for improperly filling out required financial disclosure forms. Several days after a judge dismissed most of those, Arpaio's deputies arrested the supervisor in a parking garage and walked him before TV cameras to jail, announcing more than 100 new charges, which a judge dismissed. (Some of the original charges remain on appeal.)
"They'll never stop," said Deputy County Manager Sandi Wilson, who was named in one of Arpaio's investigations. Wilson testified before the grand jury and has spoken to FBI investigators more than a dozen times, as recently as last week. "They don't care who tells them to stop."
County Manager David Smith said grand jurors also questioned him about deputies' trips to conferences and training missions in Las Vegas, Honduras and other destinations, where he said they often stayed at "boutique" hotels. He said prosecutors were focusing on "issues that might involve the crime of extortion over the county budget, misappropriation of funds and abuse of police power."
McCrummen reported from Phoenix.



22 Comments so far
Show AllSherrif Beauford T. Justice, Scourge of Hispanics everywhere
The tactics of this fellow may offer insight of what this country might resemble on its next hard-right turn. For years, the local Weekly has taken issue with Joe's perspective on law enforcement and financial accountability.
Apparently, Joe don't like being questioned about where the money goes..
Selective justice is a political synonym for selective prosecution. Righteousness can mask petty vengeance and makes a good cutting oil for grinding political axes. Obama has now decided to take a stand for truth, justice and the American way. I keep asking myself, "Why this one right thing?" I smell an election. Remember where's the beef? Today it's, where's the jobs?
Obama thinks he can change the subject - not! To make matters worse, Obama has again chosen an issue that will put him on the defensive - the other side of majority public opinion. Sheriff Joe is America's sheriff. I'll bet 65% of the American people side with Sheriff Joe Arpaio. Obama is politically tone deaf. Obama keeps giving the right ball-peen hammers to beat him up with. Who is runnin' this hootenanny?
Obama, start getting principled about jobs for the American people. No jobs. No recovery. No Obama. Obama, where's the jobs?
Arapiouso is NOT America's sheriff, America's Bigot is a more apropos title.
Wouldn't it be nice to see Sheriff Joe Arpaio thrown into his own jail?
Thanks alot Sanctuary,I was trying not to picture him in one of his tent cities sweltering in 125 degree heat wearing pink bloomers.He wouldn't last long before he saw the light,one way or the other on his way to Xenophobe's hell.
peace
I hope this sick fuck gets all the American style justice to which he is entitled. It is the most heartless, brutal, indiscriminate style justice in the world.
If you're not in the country illegally, why would you worry? As the article states, we have 12 MILLION ILLEGAL "immigrants" in the country right now. The key word is ILLEGAL.
Corporations want the ILLEGALs in this country because they provide corporations' best profit center - CHEAP LABOR.
City people have no understanding of what this cheap labor does to rural local jobs. These desperate people are brought in in closed vans, housed in steel buildings out where no one can see them, fed whatever the employer wants to feed them, paid whatever he wants to pay them, and then they either hide so they can stay. or go back to Mexico, Honduras, Guatemala, Jamaica, Haiti, Africa, or wherever.
Ummm, why is it that police target the high-crime areas in the cities? Is it because they are racist? Or is it because they know that's where the criminals are?
Should not the police target the areas where ILLEGAL "immigrants" are known to gather - in enclaves of foreign workers?
I don't get why the people who have entered this country ILLEGALLY should not be removed and sent back to their own home countries..........why would you want to help the corporations get cheap labor at the expense of local jobs?
Here on the Northern border with Canada, when people are seen crossing the border illegally, they are immediately sent back to their home countries - - what's wrong with doing that on the Southern border as well?
Pls explain - without knee-jerk "oooh, you're so racist" nonsense, pls. Just a logical explanation of why you support ILLEGAL entry into the USA when people can apply for and get worker permits and long-term resident permits, etc.
Just more false inane talking points. You need to read more and do some honest investigation. You're missing what's really going on here, and by doing so you are making the problem worse for all. Ignorance will be the undoing of us all. The good thing is you can choose to enlighten yourself if you wish. Voluntary ignorance is a sin.
Plain enforcement of the law would be adequate to remove people in the country without papers.
Harassment is designed to combat people who are in the country legally.
You could apply this same reasoning to Arpaio himself: after all, if he is operating legally, what does he have to worry about? The courts are fair, right?
This kind of crackdown is designed to perpetuate the pool of illegal labor, because you can't ever round up 12-20 (actually) million human beings. It goes on for eternity, fueling a prison industrial complex along with a continuous population that is here, working, without the same rights as any other American worker. They also can't vote.
Consider the magnitude of this inhumanity. Locking up in prisons this number of people when they are, for the most part, living their lives like anyone else, working. Plus, the vast majority are among the working poor and are Latino.
They should legalize people, attack the problem at its source -- the trade agreements -- and toughening and enforcing laws as they apply to employers.
This piece of human waste needs to go down.
Better yet, Arizona needs to get out of the United States. No more, hand outs for Arizonians no more financial support from us taxpayers. They can take their “show” on the road. If you cannot treat all people like human beings with decency and respect then out you go. You do not need to be part of the United States of America anymore.
The Statue of Liberty is our reason to be, and until the day she comes down or is brought down by the crazy right wingers…and dumbass Republicans, then it is still justice for ALL in my book.
What a bunch of yahoos. Don't any of you know what Sheriff Arpaio has done for the state of Arizona? Look it up. Times are changin'. Rather than glom on to an idea, phrase or buzz word that is irritating, l-o-o-k-a-t-t-h-e-b-i-g-p-i-c-t-u-r-e... It's ultimately about JOBS people. It's about using our resources for citizens in the most responsible way. It's about rethinking what defines one as a U.S. citizen. These are all interesting, debatable, valid points, but for now, l-o-o-k-a-t-t-h-e-b-i-g-p-i-c-t-u-r-e... America is in trouble. Big trouble. At least Sheriff Arpaio has taken a stand on his moral grounds. Not one person will be 100% satisfied with anyone's solution. Thank god the Constitution can't be changed by the media or its pundits. There are checks and balances in place. Let's don't throw the baby out with the bathwater without giving everyone a chance to express (sanely, I might add)a productive opinion. And forsooth we ever give in to those prejudiced bigoted know-it-alls who cannot separate their own shortcomings from a sane decision. Isn't that why we elect the officials we believe in?
At least one country in Europe, I believe it was Ireland, that refused to extradite a suspect to the US because he would end up in Arpaio's jail.
What jobs are you talking about?
Are you talking about the jobs outsourced by American industry?
Are you talking about jobs that went to other countries as American industry, with impunity and actual encouragement by our government, took there production facilities elsewhere in their endless search for ever cheaper labor?
Are you talking about farm labor jobs that, through ancedotal evidence, would go unfilled if farmers didn't hire Latinos who are probably here illegally?
Are you talking about technical jobs that American workers increasingly don't qualify for because of our failing educational system? This is the result of the xenophobic, nativist, and racist right wing of America whose fear of their tax dollars assisting black or brown people has led them to try and withhold as much as possible from anything that looks like it will help the "other" of America.
Or are you talking about white collar jobs that go to foreign workers because our government again has made it absolutely easy with impunity for American industry to bring in foreign workers at a much lower salary in their pursuit of profit.
Don't you see what's happening here?
It's an unholy alliance between big business and government. The people crossing the border is a direct result of US economic policies that affects adversely the very people who are afraid of the foreign invasion. It's a distraction that helps to keep the wheels of profit turning as the wealthy and near wealthy continue to make more money for the wealthy and near wealthy.
Focusing on the illegal immigrants from Mexico as a solution to the US's economic woes is like rearranging the deck chairs on the Titanic and expecting that to keep the boat afloat.
The ignorance on this issue is staggering. That's excusable because we are all ignorant. To choose to remain ignorant, however, is a sin. Educate yourself.
I'd like to know how much money Arpaio has in the private prison industrial complex.
They should legalize the 12-20 million people here and stop wasting our tax dollars.
Renegotiate or throw out NAFTA, and stiffen penalties and enforcement with employers. How many employers has Arpaio perp-walked in shackles during this whole shebang? I see Sensenbrenner is still running around loose in Congress.
Little By Little
Little by little
Small droplets of sweat
Form around your face
Little by little
You begin to see
The consequences of your choices
In less than a second
From out of nowhere
Images of the hot sun
The grip of the hammer
The life behind the smiling mask
Become part of your synopsis
Of that historical account
Your ancestors never told you about
One by one
The men in the corner
From the empty fields
And their empty past
Dance outside your window
Their religion knocking on your door
And even if you run to your room
Your bed cuddling your soothing dreams
The wakening moment comes
And you find yourself beneath the stars
The evergreen trees
The cool breeze
The birds' symphony
And the stare of all those dirty children
Ready to caress your hands
And squeeze your soul
Of the last tears
You'll ever shed for yourself
Little by little
You surrender
To the gods of the dark planet.
Johnny S.