Justice Files Suit against Arizona Sheriff; Arpaio, County Accused of Not Cooperating with Federal Probe

The Washington Times (Washington, DC), September 3, 2010 | Go to article overview

Justice Files Suit against Arizona Sheriff; Arpaio, County Accused of Not Cooperating with Federal Probe


Byline: Jerry Seper, THE WASHINGTON TIMES

The Justice Department filed a lawsuit Thursday against America's toughest sheriff, Joe Arpaio in Phoenix, accusing him, the Maricopa County Sheriff's Office and the county of refusing to fully cooperate in a federal investigation into allegations that he and his deputies are guilty of racial discrimination.

The lawsuit, filed in U.S. District Court in Phoenix, is the latest chapter in a bitter feud between Justice and Sheriff Arpaio, who is accused of failing to turn over documents sought since March 2009 that federal prosecutors say comply with its probe of alleged discrimination, unconstitutional searches and seizures, and English-only policies in his jails that discriminate against those with limited English skills.

Sheriff Arpaio, during a press conference in Phoenix, described the lawsuit as harassment, saying thousands of pages of documents have already been turned over by his office to federal prosecutors.

These actions make it abundantly clear that Arizona, including this sheriff, is Washington's new whipping boy. Now it's time to take the gloves off, he said.

As for today's lawsuit against my office: These people in Washington met with my attorneys only a few days ago. And in that meeting, Washington got our cooperation; they admitted they already have thousands of pages of the requested documents; and they were given access to interview my staff and get into my jails. They smiled in our faces and then stabbed us in the back with this lawsuit.

Assistant Attorney General Thomas E. Perez, who heads the Civil Rights Division for the Obama administration, said the sheriff's office declined repeated requests to turn over documents or meet with investigators.

The actions of the sheriff's office are unprecedented, Mr. Perez said. It is unfortunate that the department was forced to resort to litigation to gain access to public documents and facilities.

But Sheriff Arpaio's attorneys, Robert Driscoll and Asheesh Agarwal, both former deputy attorneys general in the Civil Rights Division at Justice during the Bush administration, said federal investigators were politically motivated, citing a news conference in March at which Attorney General Eric H. Holder Jr. was quoted as saying he expected the Justice inquiry to produce results.

While we have no quarrel with the assistant U.S. attorneys handling the investigation, the attorney general's comments appear to violate federal regulations, departmental policy and state ethical rules designed to ensure the fairness of criminal investigations, Mr. Agarwal said.

Mr. Driscoll said the DOJ suit speaks loudly by what it does not say.

It does not allege that Sheriff Arpaio or the MCSO have discriminated against anyone because the DOJ, after 18 months of soliciting allegations against Sheriff Arpaio, has come up empty, he said.

The lawsuit is the newest twist in a continuing battle involving Arizona officials and the federal government. The Justice Department already has filed a suit challenging a law passed in Arizona giving state and local police the right to arrest anyone reasonably suspected of being an illegal immigrant, claiming the legislation is pre-empted by federal law.

The Justice Department, under both Republican and Democratic administrations, has maintained that immigration laws are a federal responsibility. …

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Justice Files Suit against Arizona Sheriff; Arpaio, County Accused of Not Cooperating with Federal Probe
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