Saying their time and patience has run out, attorneys for the U.S Department of Justice sued Maricopa County Sheriff Joe Arpaio Thursday for refusing to provide them with documents they want for their civil rights investigation.
The lawsuit, filed in federal court here, says the agency began a preliminary inquiry of the sheriff's department in 2008 amid allegations that employees have been "engaged in a pattern or practice of discriminatory law enforcement conduct," both on the streets and in the jails.
A letter last month to Arpaio, obtained by Capitol Media Services, said the feds specifically are looking into allegations of unlawful search and seizures, discriminatory police conduct, and the failure to provide basic services to people with limited English-language skills. All that is related to questions of disparate treatment of people based on their national origin.
Thursday's lawsuit is the second within two months filed by the Justice Department in Arizona over issues related to race and discrimination.
It sued the state in January over provisions of a new immigration law approved by the Legislature and signed by Gov. Jan Brewer. A federal judge, after hearing arguments, barred several provisions but let other sections take effect as scheduled July 29.
This lawsuit relates to requests the Department of Justice says it began making in March 2009.
To date, according to lawyers for the agency's civil rights division, Arpaio and his department have failed to fully comply with the request. In fact, the lawsuit says, the sheriff's office sent a letter last week saying "it would not cooperate in full with the investigation."
The lawsuit asks a federal judge to compel Arpaio and his administration to produce the documents already sought "and all future requests."
Arpaio said he was surprised by the lawsuit.
"They have hundreds and thousands of our reports," he said. "We thought we were getting along fine."
But Arpaio conceded that he hasn't give the Justice Department everything, calling its request "so broad."
"I'm very confident that my deputies do not racial profile," Arpaio said. "They know it," he continued of the Justice Department. "They can't get the proof. So now they're suing me, just for documents."
Neither the feds nor Arpaio would spell out what papers are being sought that have not been disclosed.
The federal Civil Rights Act bars discrimination on the basis of race, color or national origin in any program getting federal funds. The lawsuit says Arpaio's office received several grants last year totaling nearly $16 million.
To get those grants, the lawsuit says, representatives of the sheriff's office, including Arpaio, signed contracts agreeing to comply with the Civil Rights Act.
"These requirements including providing DoJ with access to and the right to examine records and other sources of information," the attorneys wrote. But efforts during the last year have come up short, the lawsuit states, with the agency providing only some of what was sought.
The decision to sue came after the letter from the sheriff's department last week refusing to produce more documents.
"The actions of the sheriff's office are unprecedented," said Thomas Perez, the assistant attorney general for the Civil Rights Division in a prepared statement. "It is unfortunate that the department was forced to resort to litigation to gain access to public documents and facilities."
Arpaio said he is willing to cooperate - up to a point.
"I think we would be willing to turn over what pertains to the so-called racial profiling, not many, many other things they want," he said. For example, he said what goes on in his jails has "nothing to do with it."
But the lawsuit specifically says the Department of Justice is investigating discrimination in "police practices and jail operations."
That letter last week the Justice Department portrays as Arpaio's final refusal to cooperate is a bit more ambiguous.
In a five-page response to the feds, Robert Driscoll, Arpaio's lawyer, lays out what he says are legitimate legal questions to what the feds are seeking. And he said there are limits.
"DoJ's current position - that it is entitled to any document it wants, to access any facility it wishes, and to interview any witness it wants, without limitation, merely because it is undertaking a (Civil Rights Act) review related to alleged national origin discrimination - is simply unreasonable," he wrote.
Arpaio has gained national attention with his practice of "crime suppression sweeps," where deputies converge on a neighborhood and stop people for any minor violations. Arpaio has made it clear one purpose is to then let his deputies inquire about whether those stopped are in this country legally.
Most of those "sweeps" have been in areas of Maricopa County with a high percentage of Hispanics.
Sen. Russell Pearce, R-Mesa, an Arpaio political ally, called the lawsuit and demand for papers "simply a witch hunt."
But the Department of Justice, in its press release, said it cannot cite any other incident in the last 30 years where a police department or sheriff's office has refused to cooperate in an inquiry like this.
Poorman posted at 9:01 am on Thu, Sep 2, 2010.
One thing sure about the FEDS,and the Media,when they don't like you ,the never give up trying to do a hatchet job on you.
Carolyn posted at 9:23 am on Thu, Sep 2, 2010.
Joe Arpaio thinks he is above the law. Stubborn old f**t. He NEEDS a "hatchet job." His stalling tactics in producing documents are not in compliance with the law. HOPEFULLY, after his term ends, we'll have seen the END of him.
Yarbles posted at 9:31 am on Thu, Sep 2, 2010.
Poorman,
Just think for a minute; why wouldn't Joe just release those documents? Is he hiding something? If he hasn't broken any laws than he should just give the "public" documents over to the so called "FEDS" so we can all see his innocence. The truth of the matter is that he is a.) guilty or b.) hiding something. Maybe both. Just food for thought.
rrjenn posted at 11:14 am on Thu, Sep 2, 2010.
Yarbles, this is a witch hunt, a designed attempt to bring down Joe cause they want amnesty and not people actually enforcing immigration law. Joe will have this job for as long as he wants it, and when he's had enough he will have a replacement that will follow his lead. Taking back our country wont stop because Joe retires.
Paladin kcs posted at 11:16 am on Thu, Sep 2, 2010.
Elitist defeatist in charge on a fishing expedition there could be millions and millions of records there. While they look for a clue. The government won't narrow down there search. Who is paying for all these records to be shipped I would send them COD to the Federal civil rights division. One record at a time or at most 1 box at a time since they are fishing for anything that might or might not be illegal,Its a shame this same department cannot find anything illegal with the black panthers in Philladelphia,Pa voter intimidation case but I guess if the black panthers had did the same thing against illegals or gays the case would have already been adjudicated and the black panthers would be sitting in jail or at the very least a stearn warning about messing with the elitist defeatist parties members. Counter sue them back for all the money they have cost the tax payers in cost for arresting and medical care and any other cost they incurred while being here illegally.
rrjenn posted at 11:18 am on Thu, Sep 2, 2010.
Yarbles, the feds wont even say what they want. They just want everything so they can go through it looking for anything they can find. It's a witch hunt like the other lawsuits currently against Arizona. Arizonians should be very angry over what this Obamanation is doing to this country and to Arizona.
rrjenn posted at 11:26 am on Thu, Sep 2, 2010.
"They have hundreds of thousands of reports, hundreds of thousands," Arpaio said. "They're so broad, we're trying to narrow it down. We're trying to work with them." This is a witch hunt the feds will never end because what they want is for Joe to go away and for Maricopa county to stop enforcement of federal immigration law.
Yarbles posted at 1:38 pm on Thu, Sep 2, 2010.
rrjenn,
It may very well be a witch hunt: trust me I would be the first one to cry foul if nothing was found. But the fact of the matter is that the assistant attorney general believes their is probable cause to request the files. Therefore I stand by my original statement that if Joe has nothing to hide, he should hand over the documents. Even if there are thousands of them. If nothing is found, then the "FEDS" will be the ones with egg on their face, and not Joe.
Brittanicus posted at 4:03 pm on Thu, Sep 2, 2010.
The mêlée over illegal immigration has just begun and the Tea Party members, Conservatives and independents should be mindful of Democratic Sen. Barbara Boxer of Californians record. Boxer debated candidate Republican challenger Carly Fiorina, former CEO of Hewlett-Packard, for US Senate seat, confronting each other in the first of their debates this election season. Fiorina took the lead in in the political discussion that was informative, even when both contributors were argumentative. Voters must make the best assessment between the two very dissimilar candidates, from opposed ends of their political philosophy. Both opinionated over how to best construct a jobs program; about their records in business sector, public, foreign policy and internal government strife and even abortion. This first upfront in the face debate was barbed, in a performance of competing arguments with the candidates in an all-out attack on each other’s records.
The questions were balanced from voters, but discord remained as the smear tactics continued losing sight in some cases of the original questioning. In the offset it came to voter’s questions about immigration, which as now surfaced as a red-hot button issue commencing with the federal lawsuit against the state of Arizona. Even the sheriff Joe Arpaio of Maricopa county is being dragged over the tiles for exerting his state authority to apprehend illegal aliens. Unless I missed it on C-SPAN there was no mention of Immigration Chief John Morton with ICE arresting only criminals and releasing thousands of illegal aliens back on the streets, in a De Facto Amnesty. Although Madam Fiorina supports the "Dream Act” it must be noted she does not agree with any AMNESTY. The Development, Relief and Education for Alien Minors (DREAM) Act would provide a pathway to citizenship for undocumented students who came to the United States as minors and finished high school.
Boxer on the other hand believed in Comprehensive Immigration Reform, known by most prudent Americans as Amnesty. This would commence with a massive expenditure to taxpayers, through forced taxes to pay for Amnesty, with welfare programs not far behind. Like her counterpart Sen. Harry Reid, her stance on stopping illegal immigration is in one word" Un-American" She is obviously for an open border because her record shows that. Voted--YES--on continuing federal funds for declared "Sanctuary Cities". Bill Table S.Amdt.4309 to S.Con.Res ; on Mar 13, 2008. Voted--YES--on comprehensive Immigration reform Bill S.1639 ; on Jun 28, 2007. Voted--NO--on declaring English as the official language of the US Government Bill. S.Amdt.1151 to S.1348 ; on Jun 6, 2007. Voted--YES--on eliminating the "Y" nonimmigrant guest worker visa Bill S.Amdt.1153 on S.1348 ; on May 22, 2007. Voted--YES--on building a fence along the Mexican border. Bill H R 6061 ; on Sep 29, 2006. The 2006 Secure Fence Bill was a fallacy, as it wasn’t built as originally intended and still remains uncompleted. Voted--YES--on establishing a Guest Worker program. Bill S. 2611 ; on May 25, 2006.
VOTED--YES--ON ALLOWING ILLEGAL ALIENS TO PARTICIPATE IN OUR SOCIAL SECURITY Bill S.Amdt.3985 to S.2611 ; on May 18, 2006. Voted—NO-- on allowing more foreign workers into the US for agricultural work. Bill S.2260 ; on Jul 23, 1998. Voted--YES--on a visa for skilled workers. Bill S. 1723 ; on May 18, 1998. Voted--NO--on limiting welfare for immigrants. Bill S.947 ; on Jun 24, 1997. SPONSORED PROVIDING FUNDING FOR SOCIAL SERVICES FOR ILLEGAL ALIENS. Funding (S.AMDT.4072 to S.2611) 06-SP4072 on May 18, 2006. According to NumbersUSA website Sen. Boxer has a "D" in Immigration enforcement and her stance categorizes her, with an open border mentality. The majority of Democrats have already breeched their oath of Allegiance to the American people, by catering more to the health care, education and other benefits to the illegal alien invasion force, while in many states the underprivileged citizens are either turned away or left to their own devices—when it comes to public assistance.
California is a—SANCTUARY CITY—and state, supported by lawmakers such as Senator Boxer. California has become a harbor for millions of illegal aliens that are benefiting from a damaged federal, state and county entitlement system. In part it has been compromised by hundreds of thousands of instant-citizenship for babies of illegal aliens, tapping into all manner of cash payments and so much more, leaving the state’s welfare system dragging its tail. Overall billions of your tax dollars are being swallowed up by people who shouldn’t be here--nationwide. We have a good chance now to remove all pro-amnesty, pro-illegal immigrant politicians and all elected officials and elect new unblemished legislators. Warn your Senator or Congressman by calling the Washington switchboard 202-224-3121. If you are not in-line with the peoples wishes, you will be out in November.
Making room in the jobless line isn't just about removing incumbents, Anti Liberal, Anti-Democrat or most issues. Even Medical Care reform is not the major issue. Its about the failure of both parties to listen to the American people. One major issue is illegal immigration and taxpayers have the IRS extorting money from them, to pay for every conceivable entitlement that Americans cannot get. The lies about the border fence and not following the design of the 2006 Secure Fence act .It's about incomprehensible billions of dollars that we are spending on corporate welfare--as the pay nothing to illegal workers other then wages; not the education of their children, health care, unemployment benefits or undisclosed social programs. We the taxpayers are the dumb fools who pay for it all? Millions are slipping past the border and it will never, ever stop, until we have politicians who are working for the American people. They are taking low skilled and manual labor jobs and lowering wages to an estimate of $200 billion a year.
forkedlift1 posted at 8:47 pm on Thu, Sep 2, 2010.
Note to reporter Howard Fischer:
Please correct your fifth paragraph that says, "It sued the state in January over provisions of a new immigration law approved by the Legislature and signed by Gov. Jan Brewer."
It sued the state in July (July, 6, 2010), not January over provisions....." Remember Brewer didn't sign SB 1070 until April 23, 2010.
Ryu posted at 11:07 pm on Thu, Sep 2, 2010.
I dont understand why the law dont just arrest this man obviously he has broken the law. Not only broken the law but misused his powers. Arizona has turned into a very disciminating and prejudice state. Many people who support this man are not even from Arizona. And the rest are just racist against the hispanics. The politicians here are no good at all and most are in office for their own personal gain. If Arpio was black or hispanic do you really thing he would get away with the type of things he is doing now. No way but because he is white is the only reason why he is still in office. I have been wondering about this particular subject. The minorities out number whites 2 to 1 in this state and every minority dislikes Arpio how in the hell does he get re-elected. Something tells me that these polls are fixed. If this is truly American then why is it that it only pertains to white people. What is it that truly makes a real American. Those who support the majority or those who support the right.
forkedlift1 posted at 1:52 am on Fri, Sep 3, 2010.
rrjenn,
You apparently didn't read the article. The federal Civil Rights Act requires the DOJ to investigate civil rights complaints against agencies accused of violating provisions of the Civil Rights Act.
Also, that Arpaio's continued defiance puts a halt to millions in federal funds to be allocated from the federal government to both the county and the sheriff's department. "To get those grants, the lawsuit says, representatives of the sheriff's office, including Arpaio, signed contracts agreeing to comply with the Civil Rights Act.
"These requirements including providing DoJ with access to and the right to examine records and other sources of information."
When notified of the investigation about two years ago, Arpaio publicly proclaimed he had nothing to hide, they can have anything they want. Yet, he's been defiantly jacking them around for the past year and a half.
From another paper's website, I made a copy of the 5-page letter from the feds to the sheriff a couple weeks ago that itemizes the documents and information sought. It is very detailed and is a follow-up condensation and clarification of previous letters,
So contrary to your assumption, based on what Arpaio is trying to snow you with, the feds have indeed "said what they want." If you believe Arpaio is an honest person, you also will believe pigs fly.
Then we also have Russell Pearce -- not a party to the investigation of serious alleged Civil Rights violations by the MCSO that were reported to the DOJ's Civil Rights Division -- reinforcing Arpaio's insolence by calling the investigation a "witch hunt."
(Remember, Pearce, who is not even a lawyer, was yelling to the world a few weeks ago, "The judge is wrong!!"
Fishing expedition? Arpaio is a past master at fishing expeditions. Right now he and Andrew Thomas have got about $46 million in Notices of Claim hanging over their personal heads, filed by about ten or twelve reputable individuals, including four judges, who were subjected to their unwarranted defamation and intrusive "fishing expeditions."
Another of Arpaio's notorious and baseless"fishing expeditions" went on for six months in 2007 at the Office of Attorney General, wherein 51,000 pages of documents were supplied on demand. Goddard finally put an end to the nonsense with a detailed 3-page letter to Andrew Thomas in October 2007.
Not to forget the sudden "investigation" and "fishng expedition" by Arpaio for all emails etc. of Phoenix Mayor Phil Gordon within two weeks after Gordon publicly complained of Arpaio's law enforcement methods and disruptive "sweeps" in his city.
This Civil Rights investigation of the Maricopa County Sheriff's Office began during the Bush administration, and it boils down to what Yarbles said: "The assistant attorney general believes their is probable cause to request the files. If Joe has nothing to hide, he should hand over the documents"......and comply with his contract with the feds as required. It's not an option.
forkedlift1 posted at 2:13 am on Fri, Sep 3, 2010.
Paladin,
That one incident at a Philadelphia polling place turned out to be much ado about nothing, but with your statement, "I guess if the black panthers had did the same thing...." you might consider signing up for a remedial grammar course along with our governor.
Masterrogue666 posted at 6:11 am on Fri, Sep 3, 2010.
Interesting, no one's trying to counter Brittanicus's statement.
Thanks for the info Brittanicus....
hillstreet posted at 9:13 am on Fri, Sep 3, 2010.
Arpayaso has been egging the feds to sue him for years, now he whines because they did; more political theater. The feds have a duty to investigate civil rights complainst and police departments have been investaigated for years. Some, like LAPD, have ended with consent decrees and federal oversight.
Unfortunately for the good men and women of MCSO, they have had this megalomaniac in charge too long and he has practically challenged the feds to come after him. Well, be careful what you wish for.
cheetah13 posted at 9:24 am on Fri, Sep 3, 2010.
What is it with all you bleeding hearts? The majority of citizens in Arizona DON'T WANT THE ILLEGALS HERE! With congress aiming towards amnesty, someone has to actually take a stand and do something to get them out.
GO JOE!
I'm in total support of this man...whatever it takes, just get rid of the cockroaches.
rrjenn posted at 1:01 pm on Fri, Sep 3, 2010.
Yarbles, the Maricopa County Sheriff's Office has handed over many thousands of documents even though the feds wont say which documents they want. Do you have any idea how many documents are created per year by this huge department? They are the largest sheriff's office in Arizona. It would take them years to sift through them all. It is nothing less than a witch hunt
rrjenn posted at 1:08 pm on Fri, Sep 3, 2010.
cheetah13,
Whatever it takes to remove these criminals from our state is what we need to do. The attacks on Joe are due to his attempt to rid this state of the financial liabilities and criminal activities of the illegal aliens. Instead of backing Joe, the liberal, bleeding hearts want amnesty for all these criminals that have been bleeding this country dry for way to long
forkedlift1 posted at 3:25 pm on Fri, Sep 3, 2010.
Heaping shovels full of snow, malarky and BS on readers, as "rjenn" and now "cheetah" are again attempting to do, doesn't do much good when truth and the documented facts are available for anybody to read.
Anybody can go to the Arizona Republic's azcentral.com website and, by means of the link provided, read the detailed complaint (lawsuit) filed by the feds against MCSO.
They or New Times had also provided a link to the belligerent letter sent to the feds just before that by Arpaio's D.C. lawyer, Robert Driscoll, after he received the letter from the feds outlining the exact information sought and demands to be met. This was agreed to by Driscoll at a lengthy meeting he had with them just before that.
It was Driscoll's last letter to the feds, which effectively said "we'll give you what we want to give you, abide by your requests/demands at our discretion," that triggered the lawsuit. After a year and a half of Arpaio's horsing around, non-compliance, playing defiant games, "testing" the feds, etc., enough was enough.
The feds take viable civil rights complaints very seriously and have a legal duty to investigate them, just as the agency being investigated has a legal and contractual duty to comply with their requests.
As one former U.S. attorney said, "It's not like they're rushing to judgment. They've given them a year and a half to comply." Another former U.S. attorney said, "When people are fighting you for documents you have a right to, there's reason to believe those documents show evidence of consciousness of guilt. There's no other reason not to turn them over."
So save your strength guys and lay down your "Joe shovels." It's not working.
rrjenn posted at 5:17 pm on Fri, Sep 3, 2010.
Hey forkedlift1, do you believe everything you read in newspapers or just in the one's that agree with you?
forkedlift1 posted at 6:34 pm on Fri, Sep 3, 2010.
rrjenn,
You must not have read what I'd written. I had suggested to you -- and all other Joe believers --
to go to the documents themselves which have been posted online. In reverse order, those documents are:
** the lawsuit (complaint) filed by the feds against
MCSO
**the reply letter from Arpaio's D.C. lawyer Robert Driscoll to the feds
** the 5-page letter from the feds to Robert Driscoll
containing the specified information and
documents sought from MCSO. This letter was
prepared a day or so after a lengthy meeting
between them and Driscoll.
The newspaper articles reporting on these latest documents between the feds and MCSO were consistent with the documents themselves.
If you have not read these documents, and you don't believe newspaper reports of documents and actions......where, or from whom do you receive YOUR information???
retired03 posted at 7:13 pm on Fri, Sep 3, 2010.
sorta like king joe when he goes after his political rivals huh poorman?
rrjenn posted at 7:18 pm on Fri, Sep 3, 2010.
The truth is that the feds are trying to make an example of Arizona because they fear the spread of this trend towards enforcement of immigration laws by states that are being impacted both criminally and financially and that is all this and the other two lawsuits are about. ICE already spent 2 years investigating the sheriff and released a report that showed no profiling was done by this sheriff's office. The feds are on a fishing expedition and if you cannot or will not see that then you are freaking blind! They want to scare all the other states out of trying to imitate Arizona. The feds can use your money to sue all day long but the states are more limited financially.
rrjenn posted at 7:27 pm on Fri, Sep 3, 2010.
You've heard a lot about the Justice Department's lawsuit to stop the new Arizona immigration law. But that's just one part of the Obama administration's multi-front war on immigration enforcement in Arizona.
In addition to the drive to kill the new law, Attorney General Eric Holder is also suing the Maricopa Community College system in Phoenix, alleging it broke the law by requiring a job seeker to provide a green card before being hired. And on Thursday the Justice Department filed suit against the Maricopa County Sheriff's office, run by the flamboyant Joe Arpaio, as part of an extended investigation into alleged civil rights violations there.
Despite the splash of attention from the newest lawsuit, the Justice Department's investigation of Arpaio could end badly for Holder. When the Department first informed Arpaio that a probe was under way, back in March 2009, it sent a letter saying the investigation would focus on "alleged patterns or practices of discriminatory police practices and unconstitutional searches and seizures." But now we learn that just six months before that, in September 2008, the Immigration and Customs Enforcement agency, known as ICE, did its own investigation of Arpaio's office -- and gave it a clean bill of health. Arpaio's lawyers recently got a copy of the ICE report through the Freedom of Information Act.
ICE officials evaluated how the sheriff's office performed under a law that allows specially trained local law enforcement officers to enforce parts of federal immigration law. The Maricopa County Sheriff's Office, which is the largest sheriff's office in the Arizona, has 189 officers who have been trained by ICE to enforce federal immigration statutes.
The report, crammed with acronyms and bureaucratese, is not light reading. But struggle through it, and the key sentence is this: "The OI and DRO supervisors consider the conduct and performance of the MCSO ... officers to be professional and meeting the requirement of the MOA." Translated, that means officials from the Homeland Security Department's Office of Investigation (OI), along with officials from the Detention and Removal Operations office (DRO), concluded that the Maricopa County Sheriff's Office (MCSO), in its handling of illegal immigrants, acted in a professional manner and complied with a memorandum of agreement (MOA) under which the government gave them the authority to enforce federal law. That agreement included a ban on racial profiling.
ICE investigators also interviewed top federal officials involved in illegal immigrant cases in Arizona. They found an "excellent" working relationship between the sheriff's office and the feds. ICE talked as well to federal prosecutors in Phoenix, who described the cases brought by Maricopa County as "high quality."
In all, it's a quite positive assessment of an operation that just six months later would come under the Justice Department's microscope for alleged civil rights violations. It also lends indirect support to Arpaio's contention that the Justice Department investigation is politically motivated.
A tidbit of information contained in other government documents released under the Freedom of Information Act also suggests politics may be involved. Arpaio's lawyers found a March 11, 2009, e-mail, sent just after the Justice Department investigation was announced, from an ICE employee to John P. Torres, then the acting assistant secretary of ICE. "Did you see this?" the e-mail said, attaching a news report on the investigation. "Yes," Torres responded a few minutes later. "Interesting politics at play."
What happens now? It's been nearly a year and a half since the investigation began, and the Justice Department has not charged the sheriff's office with violating anyone's civil rights. Instead, Thursday's lawsuit goes after Arpaio for allegedly failing to cooperate fully in the probe.
"It's a totally political lawsuit," says Bob Driscoll, a former Bush Justice Department Civil Rights Division official who is representing Arpaio. "They want to find evidence of discrimination, but all they're finding is evidence of law enforcement that includes immigration enforcement." (The Justice Department did not respond to a request for comment.)
Failing to find proof of real discrimination in Maricopa County could ultimately doom the administration's entire crusade in Arizona. The much-publicized suit against the new immigration law is based on the possibility that it might result in future discrimination, but at the same time the department is struggling to find evidence of civil rights violations in Arpaio's office, which uses enforcement techniques similar to those outlined in the new law. There's a real chance that in the end Obama's war on Arizona will come to nothing.
http://www.washingtonexaminer.com/politics/New-evidence-undermines-feds_-case-against-Arizona-705578-102106209.html
wdgnas posted at 5:41 am on Sat, Sep 4, 2010.
why would a conservative like myself support someone like carly fiorina? as a ceo, sending millions of jobs out of the country. just the fact that she is supported by the chamber of commerce is reason enough to make me skeptical...
forkedlift1 posted at 9:19 am on Sat, Sep 4, 2010.
rrjenn,
Nothing sinks in with you: not the facts, the truth, the law, the background, and definitely not the undisputed fact that Arpaio is wrong, wrong, wrong, that he has a contractual and legal obligation to turn over the requested documents to the feds. All the spins in the world cannot alter the fact that the feds have exhibited extraordinary patience with him. One and a half years, and STILL he thinks he can call the shots.
Just the phrasing of your post, "The truth is that the feds are trying to make an example of Arizona" of course is incorrect. Truth? Truth is something you refuse to acknowledge. You suffer from the Arpayo syndrome. Your statement should have read, "My opinion is that the feds are trying to make an example of Arizona." And you could take it from there with your spins.
The law is the Civil Rights Act, and the feds have been investigating alleged violations of it for 45 years....whether the allegations came from Kokomo, Ind, Miami, Fla. Butte, Mont., Boston or Los Angeles. There are probably a thousand different scenarios, at least, that have caused civil rights complaints to be filed against some agency, which may or may not be a law enforcement agency. Here it happens to be MCSO.
If unrelated claims of discrimination have been filed with the DOJ against another agency in Arizona, the community college district, that is certainly nothing to boast about as you appear to have done to justify your "Aw, they're just picking on Arizona" claim.
In all your many paragraphs of convoluted and paranoid excuses (which appear to be copied and pasted from your unnamed source) not once have you addressed the issue at hand: Arpaio's refusal to supply requested documents. Reported to be an unprecedented action by any agency across the country.
Arpaio has adamantly insisted, verbally, that his agency has not violated the Civil Rights Act.
So how about supplying a reason for Arpaio's defiant refusal to supply those requested documents.
forkedlift1 posted at 9:29 am on Sat, Sep 4, 2010.
rrjenn,
You didn't respond to my earlier question.
"Where, or from whom, do you receive YOUR information???
Please reply.
rrjenn posted at 4:47 pm on Sat, Sep 4, 2010.
forkedlift1, You say "not the undisputed fact that Arpaio is wrong, wrong, wrong, that he has a contractual and legal obligation to turn over the requested documents to the feds." You are right. he is required by law to turn over requested documents. The question as always is what documents do they want. They wont say specifically what the want. They want all documents that prove the sheriff is the crook they have already determined him to be. Do they want every document created by the sheriff's office in the last 3 or 4 years? Do you have any idea what the mountain of paper that would be? Even after ICE spent 2 years looking into the sheriffs office and found absolutely nothing irregular. You want sources? I get my information from the top and know what I speak of as the truth. The feds do not want us to stop the invasion and we do. It's just that simple. If you can't see that then there is nothing I can say or do that will help you.
forkedlift1 posted at 9:16 pm on Sun, Sep 5, 2010.
rrjenn,
That September 2008 report by ICE that you referenced (from your quotes of a Washington Examiner columnist's article) was referred to as an "audit" by Arpaio's lawyer Robert Driscoll. Nothing to get excited about. Also, at that time, since MCSO had not even been in the 287(g) program for "two years" your statement, "Even after ICE spent 2 years looking into the sheriffs office and found absolutely nothing irregular" is erroneous.
I'm sure you realize that it is not the function of ICE, a division of Homeland Security, to investigate or adjudicate alleged violations of the Civil Rights Act from complaints brought to its attention. That is the sole responsibility of the DOJ's Civil Rights Division.
Here's something from the Tribune's Pulitzer Prize winning investigative report "Reasonable Doubt," a 4-part series on MCSO published in July 2008.
The investigative reporters, Ryan Gabrielson and Paul Giblin, spent a year researching all aspects of MCSO before its publication.
________________________
July 11, 2008
"SPECIFIC RULES
MCSO’s contract includes a section titled “Civil Rights Procedures.”
It explains that when local police officers act as immigration agents, they are “bound” to follow all federal civil rights laws and rules. Those rules bar agents from using racial stereotypes as justification to conduct major operations.
To illustrate the type of operations that violate the regulation, the civil rights field guide for federal agents describes an instance where local police, attempting to catch drug offenders, make a large number of traffic stops in a particular neighborhood.
“The choice of neighborhood was not based on the number of 911 calls, number of arrests or other pertinent reporting data specific to the area,” the field guide says. Instead, the choice was based on the residents’ race.
To make such an operation legal, the field guide says agents must have trustworthy evidence proving crimes are taking place.
That’s not generally the case in Maricopa County, where the sheriff’s office has conducted saturation patrols and immigration sweeps mainly in Hispanic neighborhoods or in areas where day laborers gather. Arpaio has said he chooses the areas because business owners or politicians have asked him to come in."
____________
Remember too, officials in the Justice Department's Civil Rights Division first started looking at allegations of civil rights violations by the Sheriff's Office in June 2008, during the George W. Bush era. The probe was not revealed publicly until March 2009.
But MCSO’s sweeps could be textbook examples in the federal field guide of what not to do. Arrest reports and e-mails sent regularly to ICE by deputies document that “reliable, empirical data” is nonexistent. Instead, deputies either don’t justify the operation or say it is in response to business owners’ complaints."
forkedlift1 posted at 9:28 pm on Sun, Sep 5, 2010.
Correction to my last post:
That last paragraph was part of the Tribune article, concluding the quote from the Trib report, and should have been placed above the horizontal line, preceding my last comment.
forkedlift1 posted at 9:16 am on Mon, Sep 6, 2010.
rrjenn,
It is befuddling why you continue to insist "They (the feds) won't say specifically what they want." Their August 25, 2010 5-page letter to Arpaio's lawyer Robert Driscoll (which is a clarifying follow-up to their 51 itemized requests of Arpaio from March 2009) is abundantly clear.
Not even Driscoll, in his arrogant and defiant August 27, 2010 letter, contends that "they won't say specifically what they want" as you do. He can read and knows full well what they want. Rather, Driscoll described the DOJ's requests as "unreasonable."
As if MCSO has some choice in the matter, he said further, "We also certainly did not agree that every document DOJ requested is required to be produced."
I therefore take it that you still have not read the feds' 8/25/10 letter to Driscoll (I have a copy in my hands) to have made such an assertion, or perhaps you are relying on wrong information from "the top." Dishonesty can only go so far.
Keep in mind too that $113 million in federal funds are at stake in this matter.
rrjenn posted at 11:53 am on Mon, Sep 6, 2010.
forkedlift1
There is a lot more at stake here than 130 million dollars. The entire nation is watching what they do to us and wondering if they too should try to fight illegal immigration. Illegals cost Arizona $2.7 billion in 2009. The national cost is as high as National costs around 130 billion or more. That doesn't include the 60 billion dollars they send to Mexico each year. Hey I know, lets make Maricopa County a sanctuary city. I bet they drop all their lawsuits then. I'm betting that wont keep you up nights either.
forkedlift1 posted at 2:51 pm on Mon, Sep 6, 2010.
rrjenn,
"The entire nation is watching what they do to US"? A Freudian slip perhaps?
Who is "US"? (I presume by "they" you mean law enforcement entities of the federal government.)
If you are not Russell Pearce, you certainly have memorized well his one-track-mind propaganda and pet phrases. His parrot, his myna bird.
On the morning of Sept. 2, 2010, neither Arpaio nor Pearce knew of this lawsuit filed earlier that morning against MCSO and Arpaio. Pearce, with Arpaio at his side, had called a press conference to hustle donations and enthusiasm for Pearce's "BAN" organization, and at its conclusion reporters asked a surprised Arpaio about this lawsuit. (News of it had come across the AP wires and reporters then supplied Arpaio with a copy of the news release.) Arpaio was almost at a loss for words, but managed to mutter some general statements mentioning something about his lawyers.
Not being a part of MCSO, Russell Pearce was less knowledgeable about it than Arpaio. But that didn't stop the aggressive, opinionated Pearce to vehemently assert that this lawsuit he was uninformed about was a "witch hunt."
EACH of your first FOUR posts on this article, which was posted on the afternoon of Sept. 2, asserts the same thing that uninformed Russell Pearce did hours earlier -- it is a "WITCH HUNT." Yes, four times.
The grounds for this lawsuit are based on Arpaio's refusal (over a one and a half year time span) to supply requested records and information to the DOJ's Civil Rights division, which he is legally and contractually obliged to do.
The "Rule of Law" -- remember?
It does not pertain to legal or illegal immigration enforcement, or pink underwear clad inmates, or inmate deaths, or substantial campaign donations from the private prison industry lobby to certain state politicians, or the current federal grand jury investigation over Arpaio's alleged abuse of power.
All of your posts here are right out of the Russell Pearce playbook. Any enactments and any methods used by certain Arizona individuals to enforce their concepts of illegal immigration is okay by you…and by Russell Pearce. And anybody that challenges those methods is a party to a conspiracy. Do I read you right?
How and from what fund is Arpaio's D.C. lawyer, Robert Driscoll, being paid? Any idea what the outlay has been to date? Maricopa County administrators don't know.
rrjenn posted at 8:21 pm on Mon, Sep 6, 2010.
It is a witch hunt, pure and simple. Makes you giddy with glee just thinking about it doesn't it? So metal fastener with a spiral grooved shaft that $113 million in federal funds. We don't need to be beholden to this communist administration, and in 2012 when Joe runs again he will win. In fact the people of Maricopa love him, and all your bad mouthing him comes to nothing, so go ahead and rant all you want
rrjenn posted at 10:47 pm on Wed, Sep 8, 2010.
by Robert M. Engstrom
"...The latest DOJ lawsuit followed a series of meetings and communications with investigators trying to clarify exactly what documents the Justice Department is demanding on top of the hundreds of thousands of records already turned over since the investigation began in March 2009.
Arpaio said the Justice Department investigation began after allegations were made by local media outlets, but after more than a year of DOJ lawyers “roaming around the state,” there is no evidence of racial profiling or discrimination. He said a Homeland Security audit of his department “came out great” and showed no evidence of rights violations..."