In a scathing decision just entered by Judge Murray Snow in the District Court for the District of Arizona, the court has hammered the racial profiling and detention policies of Maricopa County Sheriff Joe Arpaio. The case is Melendres v. Arpaio, and the Arizona Republic described the decision thusly:
The Maricopa County Sheriff’s Office has engaged in racial profiling and must not use Hispanic ancestry as a factor when making law-enforcement decisions, a federal judge has ruled.
U.S. District Judge Murray Snow issued the ruling Friday, more than eight months after a seven-day trial on the subject concluded. The trial examined longstanding allegations that Sheriff Joe Arpaio’s emphasis on immigration enforcement led deputies to target Latino drivers based on their race, and that by doing so, they violated the constitutional rights of Maricopa County residents and the sheriff’s own policies requiring constitutional policing.
The class of Hispanic citizens that brought the racial-profiling lawsuit against the Sheriff’s Office never sought monetary damages. Instead, the group asked for the court to issue injunctions barring Arpaio’s office from discriminatory policing.
Snow obliged — and indicated more remedies could be ordered in the future.
The decision is long at 142 pages, but it is beautiful and contains specific findings of fact and conclusions of law that will make it hard to reverse on appeal to the 9th Circuit. There is no question but that Arpaio will appeal, but he will not be doing so from a good position in light of this decision.
Here are some quick highlights:
As is set forth below, in light of ICE’s cancellation of the MCSO’s 287(g) authority, the MCSO has no authority to detain people based only on reasonable suspicion, or probable cause, without more, that such persons are in this country without authorization.
Thus, the MCSO’s LEAR policy that requires a deputy (1) to detain persons she or he believes only to be in the country without authorization, (2) to contact MCSO supervisors, and then (3) to await contact with ICE pending a determination how to proceed, results in an unreasonable seizure under the Fourth Amendment to the Constitution.
Thus, to the extent it uses race as a factor in arriving at reasonable suspicion or forming probable cause to stop or investigate persons of Latino ancestry for being in the country without authorization, it violates the Fourth Amendment. In addition, it violates the Plaintiff class’s right to equal protection under the Fourteenth Amendment to the Constitution and Title VI of the Civil Rights Act of 1964.
Finally, the knowledge that a person is in the country without authorization does not, without more, provide sufficient reasonable suspicion that a person has violated Arizona criminal laws relating to immigration, such as the Arizona Human Smuggling Act, to justify a Terry stop for purposes of investigative detention. To the extent the MCSO is authorized to investigate violations of the Arizona Employer Sanctions law, that law does not provide criminal sanctions against either employers or employees. A statute that provides only civil sanctions is not a sufficient basis on which the MCSO can arrest or conduct Terry stops of either employers or employees.
There is a LOT of prime substance to this decision, and it all needed to be said. The fact that it comes with specific and articulated findings of fact and conclusions of law, after a trial, makes all the difference in the world as to strength. It is a treat for the Memorial Day weekend.
A great deal of the country breathed a sigh of relief and assumed finality and normalcy in the election after last night. And, at first, such was the case in Maricopa County, Arizona. But then it was revealed there were uncounted ballots, a LOT of uncounted ballots. Sources close to the Arizona Democratic Party and Adios Arpaio reported the uncounted votes as follows:
· – 200,000 early ballots were mailed in but not yet counted
· – 100,000 early ballots dropped at polls have not been counted
· – 80,000 ballots machines cannot read
· – 100,000 “provisional and conditional provisional.
That is, to say the least, a LOT of uncounted votes. 500,000 is especially disconcerting considering the controversial Sheriff, Joe Arpaio “won” reelection by 489,952 votes to 401,574 for challenger Paul Penzone.
Furthermore, another critical election for US House of Representatives District AZ-9, between up and coming Democrat Kyrsten Sinema and Republican Vernon Parker is separated by only 2,715 votes, with Sinema currently in the lead.
There are a lot fewer ballots out of the nearly 500,000 at issue within the limited bounds of AZ-9 for Sinema and Parker, probably most of them in one of the two early ballot categories.
But ALL of the outstanding ballots, including the 180,000 plus provisional and “hard to machine read” ballots are in play as to the Arpaio/Penzone race, and the majority of the provisionals and “hard to machine reads” are feared to be from precincts of predominantly Hispanic and other minority population, including the incredibly large number of voters recently registered by the Adios Arpaio effort.
Either way the results come out, these are votes that should, and must, be accounted for and counted in the most open and transparent manner possible.
Now precisely what precincts the uncounted ballots are respectively out of, and where the trends from those precincts would indicate a proper counting would take the overall vote, is not yet clear. It is something the County Recorder Helen Purcell and/or Secretary of State Ken Bennett’s office might well get done – or at least you would think so. But, this is a weird county in a crazy state, so it cannot be taken for granted in any regard. 500,000 uncounted ballots in an election with an extant margin of 88,378 between Arpaio challenger Penzone, is fairly significant.
Reportedly, the counting of “early ballots” will commence forthwith, but the counting of provisionals and disputeds will not commence until next Monday. Pursuant to Arizona law, ARS 16-249, “The secretary of state shall certify the election results to the state party committee chairmen of the parties that have candidates on the presidential preference ballot on or before the second Monday following the election.”
Adios Arpaio registered a lot of new voters, especially in the immigrant areas most affected by the deleterious policies of Arpaio. Other Latino and Democratic groups registered a whole lot more new voters. These newly registered voters deserve to have the state insure their votes are counted. It may not be enough to get rid of Arpaio, but it will affect Kyrsten Sinema and other downticket local elections. And it is the least that can be done for the newly registered participants in democracy.
[UPDATE: The latest count appears to be just over 460,000 total uncounted ballots in Maricopa County]
America, indeed the nation, is in a financial and legal moribund lurch. No longer, if there ever was, is there taxpayer money and ethics left on balance to be wasted on entrenched politicians sucking at our tit. You say your’s is the worst? Well, then you do not live in Maricopa County Arizona, the home of Sheriff Joe Arpaio.
It is time for Sheriff Joe to go. ADIOS ARPAIO! There is a fiscal, legal and moral case to do so.
My friend Tim Murphy, of Mother Jones, laid out the “bizarre” freak show nature of Arpaio’s current reelection campaign in superb detail. But only part of the story was told, understandable as there is SO much to tell in the Arpaio saga. Here is the rest of, or at least some of the rest of, the story.
Joe Arpaio did not magically come to be Sheriff of Maricopa County. It happened because the two previous occupants of the Sheriff’s Office were, shall we say, problematic on their own. There was Dick Godbehere, who was, prior to being Sheriff of the fourth largest county in the United States, literally a lawn mower repairman. No, I kid you not. And he served with the same level of sophistication you would expect of a lawn mower repairman.
Then came Tom Agnos, who was supposed to return “professionalism” to the Maricopa County Sheriff’s Office (MCSO). But Agnos was a subservient Sun City resident who led the MCSO into not just the biggest cock-up in Maricopa county law enforcement history, but one of national and international proportion. The Buddhist Temple Murder Case where nine buddhist monks and acolytes were lined up and shot in the back of the head, execution style, at the Wat Promkunaram Buddhist Temple on the west side of Phoenix.
It was out of the Buddhist Temple Murders Joe Arpaio came to be. A group of prominent Phoenix trial attorneys, both criminal and civil, wanted an alternative to Tom Agnos and the whitewashing coverup he was conducting on one of the greatest coerced false confession cases in world history. The group of trial lawyers coalesced around the upstart primary candidacy of a local travel agent with a colorful background. Yep, one Joseph Arpaio.
Joseph Arpaio promised that initial group of trial lawyers he would clean up the MCSO, release the damning internal report of the gross misconduct that had occurred in the Temple Murder Case under Tom Agnos, which lead to at least four false and heinously coerced confessions, and that he would refuse, under all circumstances, to serve more than one term in office. It was a promise made and, obviously, a promise long ago broken.
To be fair, Arpaio did release the internal report on the Temple Murder Case, which led to five plus million dollar settlement for some of the most wrongfully arrested souls in American history. But with that promise kept within a short time of taking office, Joe Arpaio breached the solid promise he made to the people who gave him the seed funding carrying him into office. And Arpaio has made a mockery of his word, as a man, ever since by repeatedly running for office and sinking Maricopa County into depths of depravity and fiscal distress beyond comprehension, from the vantage of the MCSO.
Arpaio’s false pretenses to get elected have turned into the fodder of liability for the county he was supposedly elected to serve and protect.
How deep has Arpaio’s liability effected the taxpayers, and residents, of Maricopa County? To the tune of at least $50 Million dollars. AT LEAST. Because that figure not only does not count the costs of defense, and they are usually astronomical in the larger cases against Arpaio, because he never admits responsibility, but also does not consider Maricopa County is self insured and may not, necessarily, publicly disclose all smaller payouts. There may, or may not, be a lot more payout, or a lot more, we just don’t know.
So, what is the ledger to date? Here it is is in all its sick glory. $50 Million dollars of unnecessary payout, all because of a man, who promised, and who was initially sponsored, and brought to election, by a group who wanted change and the diametric opposite of what came to be.
Here is the worse part: the $50 Million figure is, by all appearances, devoid of the real and hard actual costs of defending all the action on which payout was made in that spreadsheet. Hard costs are known in the legal world as attorney fees, court costs, expert witness fees, service costs, evidentiary laboratory fees – in short, fees that can add up to millions in, and among, themselves, irrespective of the underlying root liability payouts. In short, the $50 Million you see in the ledger is but a fraction of the real cost of Joe Arpaio’s criminally and civilly negligent insolence as Sheriff of Maricopa County. Nor does the figure, of course, include the losses that already should have come from the Deborah Braillard case, much less the Matty Atensio case.
Who is Matthew Atensio represented by? That would be by one prime example of tort liability counterbalance to egregious wrongdoing, Michael Manning. Who is Michael Manning? Well, Manning is the grinning man in the photograph above, with the somewhat soullessly dumbfounded Joe Arpaio at a charity fundraiser. Manning has a right to grin at the sight of the “Toughest Sheriff In America”, because Michael Manning, alone, has taken the greatest portion of the nearly $50 Million (and very much increasingly counting) toll on the taxpayers of Maricopa County, the narcissistic propaganda obsessed figurine Joe Arpaio has cost. And Manning and fellow Phoenix attorney Joel B. Robbins, have laid the wood to Sheriff Joe, and the worst is yet to com in the form of the Atensio litigation and other compelling cases (not to mention Braillard which should have settled and, now, instead awaits a larger jury verdict on already determined damages).
You think the moral and tort liability train fueled and paid by the taxpayers and citizens of Maricopa County has sailed into the sunset? Oh no. There are mountains of liability and taxpayer’s coffer’s payouts on the horizon. The only question is if the residents and voters of Maricopa County will wake up and end the madness now, or whether they will give yet another term of office to the Most Liable and Wasteful Sheriff In American History”.
The dedicated folks at “Adios Arpaio” have done yeoman’s work in identifying, registering, and encouraging tens of thousands, if not more of, not just latino, but voters of all colors and stripes, to vote in this election. A heroic effort.
But where does that leave the citizens of Maricopa County? Arguably still short against the self promoting dynamo that is Sheriff Joe Arpaio. It is a living monument to the benign destruction caused by hyped belligerence, ignorance and apathy in a designated and restricted electorate. Joseph Arpaio came into office as the the promised one term agent of well meaning, and will leave, to the shame of Maricopa County as perhaps the most disgraceful official ever elected in the county. The only question is, whether that is now or four years from now.
Will morality and justice be delayed? By the real signs on the ground in Arizona, as opposed to national hype, probably no. It will, nevertheless, be an everlasting blemish on the character of the electorate of Maricopa County. It wasn’t as if you, and actually we, didn’t know.
The better question is what becomes of the righteous Adios Arpaio movement? Honestly, if this level of awareness and action had been brought here in relation, early on, to the Scott Norberg deaths at the Maricopa County Jail facilities run by Joe Arpaio, perhaps soooo much more death, destruction and liability could have been avoided. Not to detract from anything, everything, existing now, that did not then, in the way of putting a stop to Arpaio, is it enough? No, likely the current effort, much less this post, is not.
But, then, let it not be said there was not effort and argument made between then and now. There is a man, Arpaio, who should be removed from office and, if the electorate’s voice is willing to suffer exactly that, a remedy for the corpse of Matty Atensio, who died for Jesus’s sins, but so far, apparently, not Arpaio’s sins. Like an imperious “Wall Street Bankster”.
Where is the bullshit in Maricopa County going to end? Will the truth of the civil, criminal and moral liability of “The Toughest Sheriff in Town” be exposed? Only the voters of Arizona, who are not half as stupid as generally portrayed, will decide.
I sincerely hope intelligence and discretion win out over appearance and material duplicity. But, then again, such would not seem to be the characteristic of the modern Arizona electorate. It is a screwed up place in a screwed up time.
But, if the Leader of the Free World, Barack Obama,much less Joe Biden, cannot even be bothered to haul at least one of their self serving ass here to Arizona, when the election and morals are on the line, in a state in the process of turning from Red to Blue under the absentee watch, then why exactly should lifelong Democrats here give a flying fuck about the national ticket? Seriously, tell me why?
So, there is no national action, to even respectably mention, in Arizona. Arizona has been left to fend for itself as being useless and worthless by a craven two party system of two hollow jackasses but, even more significantly, by a national press system of court jester reporters, stenographers, and thin skinned puppet stringed mopes who cannot tell the difference between themselves and the common political flaming jackasses they cover. There is a national press who shouts “Semper Fi” while selling out everything they were trained and hired to do. I know several will read this, the question is who among them will adopt it, who will ignore it, and who will whine like pathetic thin skinned poseurs? Boo yah bitches, I am waiting. Show us your colors; if you cannot now in the heat of battle, then when? Answer up.
Which leaves us where we entered, with Sheriff Joe Arpaio. Arpaio is a blight upon Maricopa County. Unelect him. Adios Arpaio.
As Marcy appropriately pointed out, there was a LOT of news dumped in the waning moments and bustling milieu of a Friday afternoon; not just pending a holiday weekend, but with a press corps still hung over from, and yammering about, the empty chairs and empty suits at the GOP National Convention. I have some comments on the cowardice of justice by DOJ on Arpaio, but will leave that for another time.
But the declination of prosecution of Joe Arpaio was not the only Arizona based story coming out of the Obama Administration Friday News Dump. Nor, in a way, even the most currently interesting (even if it ultimately more important to the citizens of Maricopa County, where Arpaio roams free to terrorize innocents and political opponents of all stripes and nationalities). No, the more immediately interesting current story in the press is that of Suzanne Barr, DHS and Janet Napolitano. Not to mention how the press has bought into the fraudulent framing by a Bush era zealot to turn a garden variety puffed up EEO complaint into a national scandal on the terms and conditions of the conservative, sex bigoted, right wing noise machine.
And what a convoluted tale this is too. It is NOT what it seems on the surface. The complainant referenced in all the national media, James Hayes, had nothing whatsoever to do with the DHS official, Suzanne Barr, who just resigned. There is a LOT more to the story than is being reported. And there are far more questions generated than answers supplied. What follows is a a more fully fleshed out background, and some of my thoughts and questions.
You may have read about this DHS story already, but here is the common generic setup from the mainstream media, courtesy of the New York Times:
The accusations against Ms. Barr came to light as part of a discrimination lawsuit filed by James T. Hayes Jr., a top federal immigration official in New York, against Ms. Napolitano, contending that he had been pushed out of a senior management position to make room for a less-qualified woman and then was retaliated against when he threatened to sue. The lawsuit also accused Ms. Barr of creating “a frat-house-type atmosphere that is targeted to humiliate and intimidate male employees.”
The resignation — amid a three-day holiday weekend sandwiched between the Republican and Democratic national conventions — came at a time when the public was likely paying little attention to events in Washington. But Representative Peter T. King of New York, the Republican chairman of the House Homeland Security Committee, released a statement in which he vowed to continue to scrutinize the matter when Congress returns from its August break.
“The resignation of Suzanne Barr raises the most serious questions about management practices and personnel policies at the Department of Homeland Security,” Mr. King said, adding that the committee would review “all the facts regarding this case and D.H.S. personnel practices across the board.”
That’s right mofo’s, we gots us a full on food fight here on the Emptywheel blog.
What’s it all about? Well, when you get down to it, it is ALL about Dallas.
No, I am not talking about J.R. Ewing (and who shot him – psssst it was Bing Crosby’s daughter), Bobby Ewing, Sue Ellen, Pamela, Christopher or John Ross. No, I am not talking about that Dallas. Although, I would like to note, the New Dallas premiers on TNT channel on June 13th and, all things considered, it looks very appropriately oily and greasy just like the original Dallas. And, I have to confess, I loved the original Dallas. In fact, my roommates and I had the most awesome tux & tails “Who Shot JR” party you can imagine when I was in graduate school in Boulder. It was a certified event in the Boulder social scene of the day. The trailer for the New Dallas is to the right. Get used to it, there is likely to be more of this!
But that is NOT the Dallas I am talking about here today. Oh no. No, the Dallas I am talking about here and today is Dallas Escobedo. Most awesome champion pitcher for the Arizona State University Lady Sun Devils.
And, as luck would have it, Dallas and the Devils are back in the hunt for the 2012 College Softball World Series. Tonight they play their first 2012 Super Regional game against Louisiana Lafayette at – oh wait – that would at Alberta B. Farrington Stadium; conveniently the home of the Lady Sun Devils!
So what about the Emptywheel blog food fight?? Oh, well, you see we now have this SEC interloper guy, Jim White. Honestly, it was distressing enough that I had to share time with an itinerant Big-10, Big-10.2, Big-10.2.5 – hell whatever – woman, but now the Gators are representing?? Well, I just don’t know anymore.
If you are from Alabama, do NOT troll this post! You see, the Crimson Tide (another criminal SEC team!) is, as we speak, playing the Michigan Wolverweenies in another Super-Regional. This is REALLY painful for me. Go Big Blue!
This post will keep reappearing on top of things so long as the Real Dallas, Escobedo edition, and the Lady Devils keep winning. ASU Baybeeee!
I have written several times over the years about the unethical antics of Andrew Thomas, the disgraced former elected County Attorney in Maricopa County Arizona. (See: here, and here and here for instance).
Nearly two and a half years later after the prophetic article, those chickens have come home to roost for Andrew Thomas. After the appointment of bar discipline investigators/prosecutors from Colorado to avoid conflict, the assignment of the Chief Disciplinary Judge to the case, and a two month long, very public, adversarial hearing, the Arizona Supreme Court has just issued its decision against Andrew Thomas and his two of his top aides while at the Maricopa County Attorney’s Office.
The court found insufficient evidence and dismissed a couple of the initial charges against Thomas. However, as to pretty much the entirety of the remaining thirty (30) plus counts, the court found ETHICAL VIOLATION BY CLEAR AND CONVINCING EVIDENCE.
Wow, this is a first rate tarring and feathering, as to Thomas primarily, but his key aides Lisa Aubuchon and Rachel Alexander, as well. Andrew Thomas and his go-to assistant Lisa Aubuchon have both been disbarred. The other assistant, Rachel Alexander, has been handed a much more severe suspension that anticipated, which was set at six months and one day, the extra “one day” being assessed to put her in a harder position to be reinstated. Harsh.
Thomas was charged in in a total of 30 of the counts counts, Aubuchon in 28 and Alexander with seven counts. As Yvonne Wingett and Mike Kiefer summarized in the Arizona Republic:
Charges cover a variety of allegations, including conflict of interest for holding press conferences to denounce the Maricopa County Board of Supervisors, which was his client, and threatening county officials with litigation; falsely claiming a judge had filed Bar complaints against Thomas, in order to have the judge removed from a case; and seeking indictments against county officials to burden or embarrass them. In one case, the charges allege, Thomas and Aubuchon brought criminal charges against a county supervisor even though they knew that the statute of limitations had already expired on the offenses.
The most serious allegations involve filing criminal charges against a sitting Maricopa County Superior Court judge without probable cause in order to stop a court hearing. Several of the allegations of ethical misconduct revolve around a federal civil racketeering lawsuit claiming that judges and county officials conspired against Thomas and Sheriff Joe Arpaio.
The importance of these holdings, and the attendant disbarment of Andrew Thomas and Lisa Continue reading →