Showing posts with label indictment. Show all posts
Showing posts with label indictment. Show all posts

Thursday, September 2, 2010

DOJ Suing Arpaio for Refusing to Cooperate on his Abuse of Power Investigation. Now He's Crying Crocodile Tears!

azcentral.com reports:
Sheriff Joe Arpaio has been sued by the U.S. Justice Department for refusing to cooperate with a civil-rights probe into police practices and jail operations. Arpaio said the lawsuit, filed in U.S. District Court in Phoenix, is disappointing given that he and his office were cooperating on the federal probe. "I thought we were really close to getting this resolved," the sheriff said. (the Sheriff made this claim however previous reports indicate he has refused cooperation)

The lawsuit comes after weeks of the DOJ pleading for cooperation, threats to strip the county of federal funding, and a meeting in Washington last week among attorneys to discuss the investigation. A spokeswoman for the Justice Department has said this is the first time in the last 30 years that a police or sheriff's agency has refused to cooperate with a Title VI investigation. Thursday's action marks the first time the agency is suing to compel access to documents and facilities.
Since March 2009, the Department of Justice Civil Rights Division has been investigating Arpaio's operation amid accusations of discrimination and unconstitutional searches and seizures related to the sheriff's immigration-enforcement efforts. The investigation is being conducted under the authority of Title VI of the Civil Rights Act of 1964, which forbids discrimination related to programs that receive federal funds. The civil-rights probe is not related to a separate federal abuse-of-power investigation of Arpaio's office that has been the subject of grand-jury testimony. In the 1990s the Justice Department investigated Arpaio for civil rights abuses in Maricopa County Jails and then, he cooperated, leading to a consent decree to change certain jail conditions.

Arpaio's initial decision not to cooperate with this investigation has led the Sheriff's Office and the Justice Department into uncharted territory. But Arpaio has changed course in recent weeks, implying that his office is trying to cooperate with federal civil-rights investigators. "Can't they wait another week?" Arpaio asked. "Why can't they give us a little more time." "I thought we were really close to getting this thing resolved.

Arpaio appeared with Arizona Sen. Russell Pearce and Rep. Steve Montenegro (two other ANTI CIR zealots) at a press conference Thursday to promote a political non-profit group the men are affiliated with, but he quickly found the event dominated by news that the federal government had sued his agency. "They can sue me but as Russell always says, 'take the handcuffs off the cops'," Arpaio said. "I'm not going to be intimidated by the federal government going to court against us." The sheriff's failure to cooperate could cost the county millions of dollars of federal funding. Last year, the county received $113 million in federal funds, according to county records; of that, the Sheriff's Office received $3.8 million. County officials must agree that they will not discriminate in order to receive those funds.

Arpaio believes the inquiry is focused on his immigration sweeps, patrols where deputies flood an area of a city — in some cases heavily Latino areas — to seek out traffic violators and arrest other offenders. Critics say his deputies pull people over for minor traffic infractions because of the color of their skin so they can ask them for their proof of citizenship. Arpaio denies allegations of racial profiling despite the blatantly obvious proof, suggesting people are stopped if deputies may have probable cause to believe they've committed crimes and supposedly that it's only afterward that deputies find many of them may be illegal immigrants. The sheriff's office has said only half of the 1,032 people arrested in the sweeps have been suspected of illegal immigration.

Last year, the federal government stripped Arpaio of his special power to enforce federal immigration law due to his abuse of power and racial profiling accusations. The sheriff continued his sweeps through the enforcement of state immigration laws.

Last year, the nearly $113 million that the county received from the federal government accounted for about 5 percent of the county's $2 billion budget. Arpaio's office said it receives $3 million to $4 million each year in federal funds.

In a separate investigation, a federal grand jury in Phoenix is examining allegations that Arpaio has abused his powers with actions such as intimidating county workers by showing up at their homes at nights and on weekends.

Monday, August 30, 2010

DOJ Breathing Hard Down Arpaio's Neck re: Racial Profiling Indictment

Joe Arpaio Gets New Deadline from DOJ; County Offers Its Subpoena Power To Feds

The U.S. Department of Justice has given Sheriff Joe Arpaio a deadline in his Racial Profiling/Abuse of Power Charges. The deadline to produce required documents is September 10. To date, Arpaio has been non-compliant with the investigation. The DOJ has put it's foot down. They want access to various records, MCSO facilities, and MCSO employees, particularly for the ACLU's lawsuit Melendres vs. Arpaio, which is still ongoing and alleges a pattern of racial profiling by the MCSO during their controversial anti-immigrant sweeps in Latino neighborhoods. The DOJ asked for a "clear and unequivocal agreement to cooperate" no later than the close of business September 10.

The Melendres vs Arpaio case is significant. The complaint goes to the heart of the DOJ indictment - Racial Profiling of Latino Neighborhoods and disparate treatment for people of color. READ THE COMPLAINT. There are multiple plaintiffs in this case, including: Manuel Melendres - a Legal Visitor from Mexico, Jessica and David Rodriguez - Legal Citizens, Manuel Nieto - Legal Resident and Somos America who speaks for numerous Latinos who the complaint says were racially profiled during suppression sweeps by Arpaio and his masked volunteers in Latino neighborhoods in Maricopa County.

The DATE is set - September 10. That is Arpaio's deadline set by the DOJ to produce documents. However Arpaio's lawyer (shaking in his boots & knowing Arpaio's culpability) is resisting. Regardless the resistance, Officials in Maricopa County are offering the DOJ assistance.

At stake are federal funds received by Maricopa County. These are governed by Title VI of the 1964 Civil Rights Act, which "prohibits discrimination on the basis of race, color, and national origin in programs receiving federal financial assistance," the DOJ's Web site explains. According to Maricopa County Communications Director Cari Gerchick, the county receives around $113 million dollars in Federal Aid, including $50 million that goes to public health programs. All this could potentially be in jeopardy because of Arpaio's defiance of the DOJ.


Indeed, the county is so eager for Arpaio to play ball with the Feds that it recently fired off a letter to the DOJ offering to help by using the Board of Supervisors' subpoena power to force the MCSO to comply. County Manager David Smith advised Arpaio of its letter to the DOJ on August 12. In Smith's letter to Arpaio, he tells the MCSO that "it may not expend any public funds, including expenses for outside counsel, to resist any DOJ Title VI inquiry." Smith warns Arpaio that the county "will not pay any invoices for attorneys who assist you in any effort to resist a Title VI inquiry."

It is no wonder Driscoll replied so quickly to the Smith letter. In a snitty hate-gram sent via e-mail (read it, here), Driscoll snapped that Arpaio "does not report to you, or to the Board of Supervisors."

Now the stage is set. The DOJ has laid down the gauntlet. Arpaio and his attorneys have until Sept. 10, 2010 to respond. Let them produce the documentation. Let the DOJ sift through their documents. Then LET'S INDICT THE EVIL SHERIFF & HIS MASKED GOONS AND LET THEM SPEND YEARS IN THEIR OWN DEPLORABLE PRISON CONDITIONS!

Saturday, October 31, 2009

Arpaio FBI Investigation Update: Expert Reviewing Arpaio's Crimes Says "I would seek an Indictment!"

The FBI is investigating Sheriff Arpaio for Abuse of Power. Last year, Mayor Phil Gordon wrote Congress a letter requesting an investigation. Congress wrote a letter to the FBI and the DHS requesting an investigation/indictment. The FBI is not only investigating Arpaio's racial profiling and abuse of 287(g) policies, but additionally for his targetting his enemies list.

CBS5 in Phoenix completed an in depth report of claims against Arpaio which the FBI is investigating. CBS5 went to a former prosecutor and U.S. Attorney to review the report. After his review, this expert said YES, there is sufficient evidence of Abuse of Power and YES he would take this information to a Grand Jury and request an indictment against arpaio. The expert said, "I can't believe this behavior is happening in the USA. I've seen it in South America, Africa, Eastern Europe and Asia, but I never thought that anything like this would happen in our country."

Those that have been the target of abuse by arpaio, many of whom have been interviewed by the FBI, include: Mayor Phil Gordon, Chief of Police George Gascon, Terry Goddard, Jon Stapley county supervisor, Babara Mundell, Mary Rose Wilcox, David Smith, Sandi Wilson, Rick Romley, Jackie Thrasher, John Dougherty reporter New Times, Michael Lacey, Jim Larkin, Lee Watkins, Dan Saban ran for sheriff against arpaio, Sandra Dowling, Ed Novak and Daniel Pochoda attorney ACLU. All of those on arpaio's enemies list, once arrested, investigated, but none resulted in convictions and ALL charges were dropped. However each of those harassed by the sheriff were forced to defend themselves and paid attorney's fees. "When you cross the sheriff, you will find yourself under investigation for no reason."

The FBI began its investigation over a year ago and there may be an indictment against the sheriff soon. CBS5 has asked the sheriff, who is usually quick to go on camera, to discuss the FBI investigation. They promised him an uneditted, open forum to provide his view. Arpaio DECLINED repeated requests to be interviewed.
Reference:
Ex-U.S. Attorney David Iglesias on Joe Arpaio: "I Would Seek an Indictment" (w/Video)

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