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Arpaio Rejects Monitor, DOJ Threatens Court Battle

April 04, 2012  | 

Photo: POLICE file
Photo: POLICE file

Sheriff Joe Arpaio flatly rejected the U.S. Department of Justice's demand for an independent monitor of his operations, triggering a likely federal court fight with the Obama Administration during an election year.

"I will not surrender my office to the federal government," said the Maricopa County (Ariz.) Sheriff in a press release. On Wednesday, Arpaio responded to a Tuesday letter from Deputy Assistant Attorney General Roy Austin demanding he accept the monitor.

In the letter, Austin promised a federal lawsuit and took issue with Arpaio's "episodic insistence" for more evidence of civil rights abuses. In December, the DOJ accused Arpaio's office of carrying out a pattern of discrimination against Latinos, including racial profiling.

The two sides had planned to meet Wednesday to discuss ways to resolve the racial profiling allegations. The meetings were called off.

Appointment of an outside monitor would transfer much of the decision-making power of Sheriff Arpaio's office to a person or group of people selected by the federal government. The monitor would need to approve policies, operational decisions, and new enforcement initiatives.

The move nullifies the will of Maricopa County voters who elected Sheriff Arpaio, according to a statement from the sheriff.

"I am the constitutionally and legitimately elected sheriff, and I absolutely refuse to surrender my responsibility to the federal government," Sheriff Arpaio said. "And so to the Obama administration, who is attempting to strong arm me into submission only for its political gain, I say, 'This will not happen, not on my watch.'"

In his letter, Austin claims the sheriff agreed to the monitor. However, Arpaio's Deputy Director Jack MacIntyre, an attorney, said not no such promise was made.

"They are fabricating this, because they backed out [of the meetings]," MacIntyre told POLICE Magazine. "We never agreed to a consent decree or an independent monitor. We never gave them anything in writing to say we agreed to this."

By Paul Clinton

Related:

Sheriff Arpaio Calls DOJ Report 'Sad Day for America'

Feds Sue Sheriff Arpaio, Claiming Discrimination Against Hispanics

Tags: Maricopa County (Ariz.) Sheriff, Joe Arpaio, Civil Rights Cases


Comments (35)

Displaying 1 - 35 of 35

titan @ 4/4/2012 7:10 PM

BOSS!!!!!!!

Bob@Az. @ 4/4/2012 8:00 PM

Go get 'em Joe!!!!

ronmartinelli @ 4/4/2012 8:16 PM

As a 32 year police practices expert and law enforcement training consultant, from what I have seen from the U.S. Department of "Justice" under the Obama Administration I applaud Sheriff Joe in his stance. If ANY agency needs monitoring it is USDOJ; not Maricopa County, AZ.

Just look at how USDOJ has obstructed the Congressional inqueries into "Fast & Furious" and how feds knowingly armed Mexican drug cartels that ultimately killed one of our Border Patrol agents and hundreds of Mexican police, politicians and citizens. Absolutely criminal in my book.

Just to provide you with another example of USDOJ incompetence and to put this all into perspective; in the U.S. Virgin Islands during the past 10 years (pop. 150,000) the police there have killed over 130 subjects of which less than 40 were actually armed with any weapons. The beat 64 of those subjects to death! USDOJ did absolutely nothing for seven years to stop these blatant civil rights violations; then obtained a federal consent decree for the department 3 years ago. Since that time USDOJ has done almost NOTHING to monitor or otherwise enforce that decree. And they have the teremity to harrass Sheriff Joe for "racial profiling" and civil rights violations? Really?!

USDOJ need to first clean up there own house before they set upon ethical professionals like Sheriff Joe. I say Take em on Joe! I'd like to see AG Eric Holder and his ilk behind bars wearing pink underwear in the Maricopa County jail!

Tommy5615 @ 4/4/2012 8:21 PM

He should tell the DOJ to stick it! I am employed with MCSO, allegedly, there are ONLY 2 DO's that claimed racial incidents out of 300 plus interviewed. Only 1 Deputy that claimed racial profiling and he allegedly quit in lew of firing. If this is true, then DOJ is making up a lot of stuff. This whole thing smells of political insiding!!!! There IS NO mass racial profiling going on at all in the jails, never has been! A vast majority of Maricopa County residents want the illegal alien problems cleaned up! In the end this will cost MC a tom of money over nothing at all. I would not give in to DOJ either, look at the failed Fast & Furious, they can't do anything right either and nothing was corrected on obvious and serious problems. MCSO has no problems except the DOJ!

TimFromLA @ 4/4/2012 8:51 PM

Hey Maricopa deputies how many of you have arrested a CEO for hiring illegals? One raid I remember, at a Mc Donalds, an American citizen was arrested. No fault of the deputies, but who from McDonalds was arrested? What am I talking about?

SB1070: http://www.azleg.gov/legtext/49leg/2r/summary/s.1070pshs.doc.htm

Investigations of Employers

26. Allows the county attorney, in investigations of employers who are alleged to have knowingly or intentionally hired unauthorized aliens, to take evidence, administer oaths or affirmations, issue subpoenas requiring attendance and testimony of witnesses and cause depositions to be taken.

27. Exempts proceedings held during the course of a confidential investigation from open meeting laws.

28. Stipulates that an employer is not entrapped in an investigation if the employer was predisposed to knowingly or intentionally employ an unauthorized alien and law enforcement officers or their agents merely provided the employer with an opportunity to do so.

29. States that it is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identities.

30. Directs employers to keep verification records of their employees’ work eligibility through E-Verify.

31. Establishes a class 3 felony for failing to:

a) verify employment eligibility through E-Verify or

b) keep records of verifications.

How many CEOs have you arrested for not using E-Verify? Hundreds? Thousands? Zero? Well guess what Deputy. It is a felony to hire an illegal and in case you didn't know, you can be arrested for that:

18 USC § 4 - Misprision of felony
http://www.law.cornell.edu/uscode/text/18/4

Whoever, having kn

Get Real @ 4/4/2012 9:16 PM

The consent decree is nothing more than a huge money making scam for those that run it. They get paid millions of $$$ each year so they have no motivation what so ever to end the monitoing, which of course is bias. They totaly scew their stats because to say that the department that they are monitoring is actualy complying to all of their redicuious demands would be putting them out of business. It wasn't untill a judge stepped in looked at all of the evidence and recognized that my department(LAPD) was indeed in compliance and forced the USDOJ to back off that they did. It's kind of ironic how our dpartment has IA do stings on officers to try and catch them slipping when but yet there's not checks and balances in place for where all the real corruption is, with a large part of our command staff and major. Not to mention that our chief is nothing more than a lap dog for the police commision (whom all are appointed by the major) and the chief is appointed by the major as well!

Armando A @ 4/4/2012 9:24 PM

Right behind you Joe dont back down

TimFromLA @ 4/4/2012 9:59 PM

Hey Get Real, and Kroll and Associates monitored the LAPD and guess who owns the company? former LAPD Chief William Bratton of Altegrity

TimFromLA @ 4/4/2012 10:05 PM

Hey Get Real, email me at tim@insightoutnews.org. The LAPPL knows me.

CIH @ 4/5/2012 3:18 AM

Keep them honest Joe, the rest of us wish we had Chiefs who think like you.

Frank @ 4/5/2012 4:50 AM

Go Joe! I'm glad their are still people in our great country who will not back down. The problem starts at the top and with Holder. THe Administration is starting to act like Nazis Germany. What happened to our freedom??

AZBIGDOG @ 4/5/2012 5:17 AM

Can't arrest on SB1070 because the DOJ has tied it up in court battle. And can't arrest under the Federal laws because that is the job of the DOJ. So go figure, they don't do their job and they harass and punish the ones that do their job for them. And if you are going to prosecute anyone you better start with your own people. Too bad that Arizona doesn't begin a prosection of the Federal pukes who allowed gun walking and then the death of the BP agent. And if they can show one of the guns was used in a homicide in mexico, extradite Holder to mexico.

RGM @ 4/5/2012 6:15 AM

The current administration and USDOJ ought to be investigated for treason and a dozen other crimes - where the HELL is Congress!!!

Thanks for taking a stand Joe!

Jim @ 4/5/2012 6:43 AM

Amazing, the DOJ cannot find or prove any problems at MCSO so they simply demand that the Sheriff turn over the running of his Department to them! Really? Sheriff Arpaio embarrasses ONLY the DOJ and Homeland Security because he has to do the job they are not doing and attention is brought to the people of the USA that the DHS and DOJ are not doing their jobs.

R. Priest @ 4/5/2012 7:33 AM

I support the Sheriff, he is standing up for all Americans.

Souther Son @ 4/5/2012 8:01 AM

Stick it to `em Sheriff, tell them to go clean up their "own backyard" and stay the He## out of Arizona.

Steve @ 4/5/2012 8:23 AM

God Bless you Sheriff Arpaio. I pray that HE will continue to give you the wisdom, patience, and strength to fight the "Terrorist" now leading this country. We all better start standing up for our rights or Obama is sure to take them from us, and very soon!

The sad part is that there are a whole bunch of morons out there willing to let him.

Tom Ret @ 4/5/2012 8:25 AM

Obama with his hand picked crew is in the process of changing this nation as he promised. One of those changes is converting the justice dept. to a more political arm of his administration. I imagine a lot of people were scratching their heads when Obama recently questioned the supreme court's authority to make constitutional rulings that are counter to what he wants. Obama would likely be much more unbridled in a second term as evidenced by his whispering to the Russian president that he could be more flexible after he was re-elected.

getem @ 4/5/2012 8:55 AM

The Obama voters got thier "change" alright! I am hoping we can get a refund in November. Go Sheriff JOE!

Bradford @ 4/5/2012 9:16 AM

The DOJ needs to monitor their own agencies and clean up the waste and descrimination there first, before preaching to State and locals and trying to take over their operations. Speaking as a former Task Force Officer for one Federal Agency I saw more waste of Tax payer dollars and we are talking in the "millions" as well as "Targeted" Americans of Federal investigations where the race of the individual or "Individuals" targeted was a major factor in the decision making process. It's nice to see a Law Enforcement Commander of any Agency standing up for his Agency, his people and The Constitutional rights of the United States citizens he serves. Is it me or does there seem to be more NAACP and ACLU pressure and terrorism going on against law enforcement agencies and Officers under the Obama administration then any other President in history? I'm sure there are some issues that need to be cleaned up, But I think Joe can clean them up himself, without Washington help.

ehb704 @ 4/5/2012 9:20 AM

If this doesn't sound like another example of the Obama administration peeing in a states sandbox, I don't know what does.

Look back through history and you are likely to see a pattern here.

Dan Gilliam @ 4/5/2012 9:37 AM

Where does the US Constitution give the Federal Government the authority to do any of this. This is simply an attempt by the federal government to take over one more of the state's rights. Perhaps we should start putting politicians in jail that can't follow the Constitution. Our founding fathers have to be rolling over in the graves.

TimFromLA @ 4/5/2012 10:09 AM

My gawd! All these cops in here supporting a felon! Unbelievable!!!!!

getem @ 4/5/2012 10:21 AM

TimFromLA: Screw the DOJ!!!!!

TripWire @ 4/5/2012 11:11 AM

Another example of the Obama administration exacting retrobution against its critics. Like the IRS going after the Tea Party, Obama telling the Supreme Court that they can't rule ObamaCare unconstitutional. Obama thinks that he can get away with anything, and so far he has. Hopefully in November we can put this guy out to pasture and move on to something better. It makes me wish we had Bush back. Bush was a bad president but Obama is off the chart bad.

Carlo @ 4/5/2012 1:25 PM

I commend Sheriff Arpaio for his stance on this issue. I back him 100%. In my 17 year career as a law enforcement officer, I see far too many chief's bow down to politics. I say, do the right thing and stand firm.

julie @ 4/5/2012 1:26 PM

Go Joe!!! A Sheriff is elected to protect his citizens from two things: criminals AND the State and Federal Governments overtstepping their authority. There is already a mechanism in place for "overseeing" a Sheriff's Office: VOTERS. If the voters of Maricopa County vote for Joe, they want Joe. It's called the constitution, people!!!

Dwayne Juedes @ 4/5/2012 1:47 PM

Sheriff Arpaio: I am a retired LEO and support you 110%. We are loosing our freedoms at an alarming rate because the bleeding hart liberals want to cater to the illegals in order to get their vote. At some point we are going to half to stand our ground as you have in order the keep the freedoms we now have and the ability to protect ourselves and loved ones. Thanks for your stand Dwayne Juedes

Pete Torroll @ 4/5/2012 2:40 PM

GO JOE! your doing a Great Job !!!

BB @ 4/5/2012 4:39 PM

Great story. If the national media understood Freedom, this story would be everywhere supporting the Sheriff.
Love ya Joe, do not back down !!

CT LEO RET @ 4/7/2012 12:43 PM

YOU GO SHERIFF JOE, DON'T BACK DOWN. SEMPERI FI MARINE!!!!!!!! THE ATTY. GEN. HAS LOTS OF QUESTIONS TO ANSWER ABOUT THE FAST AND THE FURIOUS.

Commander Griffin @ 4/7/2012 2:37 PM

We support the Sheriff and his position. DOJ, leave this guy alone and get onto something worth while.

Terry Helms @ 4/8/2012 5:50 PM

I have written my congressmen about supporting Sheriff Joe Apraio, and cutting funding for the doj. obama and his bunch are just a big joke the problem is the joke has been on America. Hey holder want to sell more weapons to the mexican cartells and mafia. I am sure that obama pelosi and the rest of them sleep well at night knowing they put at risk every Law Enforcement officer in America along with our citizens. God please help us if that bunch is not put out of office this year.

John @ 4/9/2012 11:22 AM

Hey Joe,

Hang in there. Great Job ! This bunch in DC are bigger criminals then you have in your prison. Hopefully we can get them all down there for you to watch !!

Bob@Az. @ 5/10/2012 2:35 PM

timfromla: I'll bet the LAPPL knows you. Like most sheep you can only rant on about something you know nothing about. I'll bet you don't have the balls to be on the front line anywhere, probaly never have. I'm betting no Military Service or any type of service. You sir are a PIA.

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