Bill Montgomery, Maricopa County Attorney, Asks Feds to Reinstate Immigrant Program in Jail; Skeptical of DOJ Claims Against Sheriff's Office

montgomery bill 121611.JPG
Ray Stern
Maricopa County Attorney Bill Montgomery is skeptical of the DOJ's report on racial profiling in the Maricopa County Sheriff's Office.
​Maricopa County Attorney Bill Montgomery expressed skepticism today about the claims of racial profiling by the Sheriff's Office, and demanded the return of a jail program to identify illegal immigrants.

The feds announced yesterday they were canceling the 287(g) program in Maricopa County due to findings by the U.S. Department of Justice that Sheriff Joe Arpaio had created a "culture of bias" on his watch, leading to widespread profiling of Latinos by deputies. In the program, deputies trained by the U.S. Immigration and Customs Enforcement bureau run background checks on inmates using federal computers.

Montgomery said he didn't share the DOJ's belief that "systemic" racial profiling is occurring under Arpaio.

He acknowledged that he has "concerns" about the DOJ allegations. Yet there's no justification for taking away the 287(g) program even if the whole report is true, because serious criminals will end up being released from jail, Montgomery warned during a news conference this morning.

Though Arizona voters in 2006 approved Proposition 100, which denies bail to illegal immigrants arrested for major crimes, such immigrants may now be given release conditions and bond, he said.

"I'm asking the president to direct the Attorney General and Secretary of the Department of Homeland Security to reinstate this program now," he said.

Nothing in the Department of Justice's report indicates that information from the jail program was "either misused or accessed improperly," he added. Canceling the program "appears to be a spiteful action that amounts to overreaching and calls into question the real purpose and intent behind the investigation, as well."

Montgomery spent a decent amount of time trying to debunk the DOJ's report on the sheriff's office and speculating that political "games" could account for the timing of the release of that report.

Montgomery said he was suspicious of how the DOJ report was made public a week before a planned hearing in the Melendres case, a federal lawsuit against the county that deals with many of the same issues of racial profiling addressed in the report.

"I can assert no more than speculation on why that happened," he said.

The county attorney's office is co-counsel on the county side of the Melendres case, but Montgomery said he was speaking today only as a county attorney worried about the effects on law enforcement, and that his statements about the allegations against Arpaio's office weren't intended to help his side of the case.

The profiling problems, if they are true, must have occurred before he took office in late 2010, he surmised. He hasn't seen any sign that the prosecutions of sheriff's office cases his office has handled were spoiled by claims or evidence of constitutional violations.

He wants the Justice Department to get specific about which past or current MCSO cases in his office harbor the sort of violations outlined in the DOJ letter.

"If I don't have confidence in the cases ... I'm not going to prosecute them," he said.

Despite the occasional nod to his "concern," Montgomery repeatedly downplayed the findings in the report. The Republican declined to speculate on the politics motivating him and Arpaio.

Montgomery took an endorsement from Arpaio and benefited from ads the sheriff ran slamming Montgomery's opponent, Rick Romley. In May, Montgomery attended a fundraiser for himself with Arpaio hosted by Mark Goldman, a lawyer whose actions in the failed prosecution of County Supervisor Don Stapley became evidence in the State Bar disciplinary case of former County Attorney Andrew Thomas.



Sponsor Content

My Voice Nation Help
97 comments
Amanda Altamirano
Amanda Altamirano

Somewhere out there on the internet is a copy of an invitation to a party for Bill Montgomery hosted by some very prominent defense attorneys such as Cantor. I saw it awhile ago. Doesn't that raise a red flag in people's minds??  To me it is like the mafia "pay us to protect you from us" and every now and then they pick off the low hanging fruit to make an example out of them for those who can pay but might be thinking of not ponying up. "If you don't pay us, you'll end up like them."  It is time to recall Montgomery and to elect new people to office. No incumbants and no lawyers as senators and representatives. 

Reggie VV
Reggie VV

Montgomery is a smoother version of Thomas. He is still a lapdog for the so-called sheriff.

foxyfido
foxyfido

To paraphrase The Who..."meet the new county attorney, same as the old county attorney".

MiLindoUSA
MiLindoUSA

Hello..... REPUBLICANS are you still out there (crickets... crickets.... crickets)Jon Klye..... John Mccain..... where are you???? I thought you guys were from the party that upholds the constitution and law... What if Arpaio were to take your GUNS aways (violation of rights) would you react then? BTW did you all know that the DOJ investigations began during the Bush administration???? So much for pointing fingers at President Obama huh

Rubyridgemurders
Rubyridgemurders

The DOJ pushed a gun agenda on the backs of Mexicans and had no concern for the death that operation would cause. That said, Joe has become too political and and when he ignored sex crimes to go after brown people with broken tail lights...He destroyed is legacy.

Former Republican
Former Republican

Lost in the blog... Jason's comment: "Bill Montgomery is and has been owned by the MCSO shurf from the get-go, plain and simple. If Mr. Montgomery really cared about the taxpayers of this county, who are signing his paycheck, he'd be outraged and disgusted with the fact that the MCSO shurf and his SS goon squads' failure to properly investigate 430 sex crimes against children. The only concern Mr. Montgomery should have is the one the DOJ has: That the Old Fool does indeed racially profile. But alas, he, too, joins the chorus of Republicans who claim that the Holder DOJ is playing politics with this investigation when in fact the Holder DOJ really has nothing to lose over the investigation."

Smithomon
Smithomon

The wheels of justice move slowly but they have finally caught up for Arpiao.  Better move that vacancy sign to his office.  And the corrupt cronies that will go with him when he is flushed out.

AngelicaUNC1
AngelicaUNC1

As a life-long liberal Democrat, I find the DOJ's actions positively disgusting!  If there are valid civil rights abuses, those cases should be prosecuted, but it is INEXCUSABLE that our Department of "Justice" is utilizing its precious resources to release ILLEGAL immigrants back into Arizona when the DOJ is duty-bound to enforce its own laws.  Americans are FED UP!  We insist that our government rid this country of ILLEGAL immigrants and enfoce our laws inviolate! 

A GOVERNMENT WHICH REFUSES TO ENFORCE ITS OWN LAWS IS INTOLERABLE! 

Concerned Citizen / Taxpayer
Concerned Citizen / Taxpayer

Strange how MCAO is "soft" on their own and hardline on those who pay their salaries, benefits and pensions.

Fedgovfail
Fedgovfail

All illegal aliens need to be deported regardless of skin color or ethnicity. I don't care where you came from, if you snuck into the USA and have stolen a US citizens ID then you need to get the fuck out. Take all the employees of this shitty rag with you.

Fucking racist assholes. I hope Iran drops a nuke on you.

Fedgovfail
Fedgovfail

I see that this disgusting extreme liberal left rag is still throwing law enforcement u der the bus while you rally for illegal aliens and other criminals....as long as they have brown skin of course, because if they are white criminals then they must be bad.

You open borders illegal alien loving whack jobs should all kill yourselves. Don't you ever get tired of printing lies, creating division amongst US citizens and supporting criminal activity?

Illegal is not a race, it is a crime, for your information.

Joe Mamma
Joe Mamma

Why is when the Feds make a Drug bust everyone says they are great but when they slam someone for civil rights violations they are so incompetent and corrupt???

Monte should take a wait and see approach on this because if he jumps in to far and Joe goes down it will taint his image here in sand land!

wherewasi
wherewasi

I've been kind of dazed by all of this over the past couple of days.  Read the 22 page letter to Monty a few times.  Have been reading articles and comments and just trying to take it all in.  Had to laugh out loud at Arpaio's insistence that he has cooperated with the DOJ 100% and never failed to provide them with what they requested.  He must not recall that 18 months, several "F You DOJ" televised tidbits, and the suit the DOJ entered into to force him into compliance.  But then, why would Arpaio recall anything that "insignificant".  That's like not recalling whether or not he discussed charging Donahoe with Thomas or Hendy.  It's just insignificant.

It does look like Monty might get a "current" case to look at.  Although no real details are available, yes, there was an incident at 4th Ave Jail about 3:00 this morning that involved an individual being booked for assault that had to be "handled defensively, put into a safe cell under medical observation and after 15 minutes was checked on and found to be unresponsive."  This is being reported by several news sites.  Comments have rumored that the individual is a Latino, is brain dead and was the victim of excessive force on the part of the MCSO officers involved in attempting to subdue him.  I have seen no official confirmation of any of those rumors.  Time will tell.

It has also been rumored that the DOJ Criminal Division has concluded their investigation and are poised to comment...  what a nice Christmas gift that would be!

Jason
Jason

Monty's not on the same level of mental sickness and corruption that Candy Andy was on, but Monty is still mentally sick and corrupt.

malapai
malapai

You are still an idiot.

Bobby
Bobby

Kind of racist there, aren't we. Brown people with broken taillights? What proof have you that people of other colors havn't been ticketed for broken taillights, or should "brown" people, as you call them, have some special immunity from the law?

Bobby
Bobby

AHH, AngelicaUNC1, it always amazes me how enlightened and well spoken Americans as yourself, really see what the essence of it all is about. In the meantime, the majority of morons focus on the alleged crimes of a county Sheriff, the historical role of which, is to protect the citizenry against an abusive CENTRAL GOVERNMENT. You are "with" it AngelicaUNC1.

shadeaux14
shadeaux14

The government is trying to "Enforce it's Own Laws" by putting a stop to the illegal activity at the MCSO.

Bnbk
Bnbk

As a life-long right wing extremist republican,I find the MCSO & MCAO actions positively distgusting ! If the MCSO insists on violating citizens & fellow human beings civil rights,then I feel the MCAO should be prosecuting this criminal that masqerades as a law enforcement officer. It is INEXCUSABLE that our MCA utilizes its precious resources to shill for & defend a corrupt criminal. Arizonans are Fed up ! We insist that our state leaders,quit acting like cowards,step up & rid Maricopa county of the corrupt criminal, that is JoKKe Arpiehole.                  A GOVERMENT THAT REFUSE TO ENFORCE ITS OWN LAWS IS CALLED ARIZONA STATE GOVERMENT !

Marcy
Marcy

The DOJ isn't releasing anyone.  Who is or isn't an illegal immigrant is something that a court decides, not the DOJ and not Joe Arpaio.   

The notion that a police agency is "duty bound" to "enforce its own laws" is simplistic.  Law enforcement resources are LIMITED and how a law enforcement agency uses its limited resources is for that agency to determine.  That's why you can routinely speed and litter with little fear of getting caught, catching litterbugs and speeders simply isn't a priority.  Likewise the Phoenix PD will not expend much if any resources in most burglary cases, they'll take a report and that's it.  

The Federal Government spends BILLIONS OF DOLLARS enforcing immigration laws, for you to suggest they "refuse to enforce" their laws is moronic.

Bobunf
Bobunf

Fed overrode the "illegal alien" auto-rely and decided to insert a few F words to make it sound more genuine.  It's still the absurd Irrelevant Distraction.

Fed, go tell the Sheriff that nobody, nobody at all, is buying it.  Even Monty knows it's a bunch of BS.

Marcy
Marcy

Not all illegal immigrants "snuck into this country and not all immigration law violations have as punishment the deportation of the violator.  

You might as well demand that all murderers turn themselves in and stop killing people, wishful thinking doesn't cut it.  

It's a matter of how do you identify and prosecute people who have violated immigration laws.  It has to be done lawfully and without violating people's civil rights, and ALL people in the United States enjoy the protection of the US Constitution, even criminals.

Jason
Jason

Apparently you like to babble rather incoherently, yes?

This issue has absolutely nothing to do with the criminal illegals.

This has to do with a MCSO shurf bought and paid for county attorney who can't or won't see the truth behind the DOJ report. Your hero and savior the MCSO shurf does indeed racially profile and tramples the civil rights of everyone who dare cross him.  

Tommy Collins
Tommy Collins

You're VERY free to not read the articles or comments here. Personally, I think you could use some extensive professional help.

Coz
Coz

Nice...hate much ?

Bobunf
Bobunf

Fed is at with the "illegal alien" auto-reply.  Probably from one of the Sheriff's computers.

Marcy
Marcy

I oppose the criminal and illegal activities of the MCSO, how about yourself?

Tommy Collins
Tommy Collins

Nope. Just the criminally corrupt and mentally ill MCSO sheriff.

Not law enforcement.

shadeaux14
shadeaux14

With the current crop of miscreants running this state, please explain what lengths they have to go to to "Taint" their image.

shadeaux14
shadeaux14

I worked in psych for over 20 years and had to physically restrain many, many patients who were out of control. We were not allowed to carry weapons like Tasers and canisters of CS gas, and yet, we managed to SAFELY control the situation with no injury to the patient or to the staff.There is absolutely no doubt in my mind that there is a "culture of abuse" which exists in the MCSO and that, not only is Joe aware of it, he promotes it.

wherewasi
wherewasi

Correction:  3:00 Friday morning, not this morning.

AngelicaUNC1
AngelicaUNC1

The DOJ is subverting its requirement to enforce our immigation laws.  It should, of course, prosecute civil rights abuses--- BUT IT HAS NOT DONE SO. 

AngelicaUNC1
AngelicaUNC1

BnBk--- Perhaps in your zeal to respond, you missed where I urged that if there are civil rights abuses, those should be prosecuted (and that has not occurred, you will note).  Both pursuits should occur.  However, it is INEXCUSABLE, indeed, that our DOJ has taken the side of the ILLEGAL FOREIGN NATIONAL LAWBREAKERS and the LAWBREAKING BUSINESS PROFITEERING BUSINESSES THAT HIRE THEM over American citizens and LEGAL IMMIGRANTS. 

This wrong-headed miscalculation will factor huge in Election 2012!!!   Americans, are, indeed FED UP!

Bnbk
Bnbk

*refuses

AngelicaUNC1
AngelicaUNC1

Rather, Marcy --- it's moronic to have identified ILLEGAL immigrants in custody as such and then to release them back into American society.  When these officials took their oaths, the pledged to enforce the law. That's not simplistic, that's a fact.  It's true that not everyone will be caught for every infraction, but THAT MISSES THE POINT. 

When ILLEGAL immigrants are caught, they should be deported tout de suite, not released to commit additional crimes and consume additional American taxpayer resources.  Allocating federal resources to undermine American law by releasing ILLEGAL immigrants back into our society represents a colossal waste and absue of resources.  And, you mention the billions of dollars spent on enforcement--- that pales in comparison to the HUNDREDS OF BILLIONS of taxpayer dollars that are used to subisidize ILLEGAL immigrants and their offspring. 

When our federal governmnet (in this case the Obama Administration for which I voted), devotes its resources to release ILLEGAL immigrants, pledges not to deport them unless they commit additional FELONIES, and sues States that are merely trying to the job that the federal government refuses to do, that represents a patent SUBVERSION OF OUR LAWS (indeed, the Administration is duty-bound to enforce acts of Congress). That is UNACCEPTABLE FOR THE VAST MAJORITY OF AMERICANS --- BOTH DEMOCRATIC AND REPUBLICAN ALIKE--- I understand that lawbreaking advocates and open border activists like you will never agree that the law should be enforced --- but you have your own improper and despicable agenda!

Bobby
Bobby

I noticed none of the open borders reconquistas on this site didn't seem to want to give you much of an affirmation Marcy. Tells us all we need to know about what it's really all about to these traitors.

Bobby
Bobby

Correct, right on. The only folks whos interests most rational people can see the DOJ protecting, is those that violated EXISTING UNITED STATES IMMIGRATION LAW. If the DOJ or anyone else doesn't like the law the way it is, they should work to change it, instead of subverting existing law.

AngelicaUNC1
AngelicaUNC1

Thank you Bobby--- most people (from both parties) see this reality for what it is!  Then, there are those that seek to distort the real issues!

Bobby
Bobby

He/She, didn't miss a thing. This person regularly supports the criminality that comes across the sourthern border simply because of their agenda. He/she is so full of shit.

AngelicaUNC1
AngelicaUNC1

Bnbk--- I understand that you prefer to resort to personal attacks rather than rely on rational arguments and factual substantiation.  I guess you know something that the DOJ doesn't because if the DOJ were as certain as you are, there certainly would have brought an indictment  (if the fact of the "abuses" and civil rights violations were as manifest as you assert).  Instead of indicting the criminals (as you state), the DOJ has invited the MCSO to a meeting.   But surely if abuses had been substantiated, they would already have prosecuted and not permit it to continue--- RIGHT????  It would seem to me that if they have the proof that you assert but have not yet made arrests, then they are simply permitting the civil rights perpetrators to continue ther illegal activity, right????

The reality is that if abuses are substantiated (and I say if because I have not seen the proof yet--- AND NEITHER HAVE YOU), I hope they are prosecuted both civillly and criminally to the fullest extent of the law.   And, at the same, time, THE DOJ SHOULD BE PURSUING ILLEGAL FOREIGN NATIONALS THAT HAVE BEEN APPREHENDED FOR DEPORTATION--- NOT RELEASING THEM BACK INTO ARIZONA OR THE REST OF AMERICAN SOCIETY.  The DOJ also should be targeting the lawbreaking employers--- but unfortunately the Obama Administration has abandoned work-place raids at the behest of the advocates for immigration lawbreaking. 

Both parties are at fault--- the Democratic party leadershp (not Democratic voters like me) are beholdened to the open border activists like La Raza and the Republicans are acting at the behest of the Chamber of Commerce which seeks to partake of ILLEGAL FOREIGN LABOR and depress the wages of American workers (in fact, the U.S. Supreme Court sided with the State of Arizona this year in its law which revokes the licenses of businesses that are found to knowingly hire ILLEGAL immigrants).  On this issue, I speak purely out of principle, as I do not feel that my profession is directly damaged by THE ILLEGAL BLACKMARKET LABOR SCHEME--- BUT MILLIONS OF blue collar and middle income workers are directly affected, and as taxpayers, we all pay an extraordinarly high price.  I am particularly pissed at the O Administration for its vocal pledge not to enforce our immigration laws unless and until additionally labreaking is committed. That is unacceptable and indefensible!The DOJ should be pursuing all LAWBREAKING when such violations result in harm to Amercans, our principles, and our society, but it is NOT DOING ITS JOB!

Bnbk
Bnbk

You revealed yourself to be full of shit with the first sentence of your comment & confirmed it with all the sentences that followed. If there are civil rights abuses ? You have to be fucking kidding me right ? Where the hell have you been for the last two decades ? There is no question that civil rights abuses exist in the MCSO. This fact is well documented & millions have been payed to the victims of these abuses by the citizens of Maricopa county,because of JoKKKe Arpiehole's policies. Prosecutions for these abuses have not occurred because the criminal investigation is ongoing.  As I see it,the DOJ has done exactly what it is supposed to be doing in this case, which is to hold this rogue law enforcement agency responsible for it's ongoing abuses, amongst other crimes. So in other words they are taking the side of the citizens(& non-citizens alike,as they are also protected under the 14th amendment of the US constitution).  What I will agree with you on is that the goverment,on all levels has failed to deal with the root cause of the illegal immigration problem,which is as you stated , the" LAW BREAKING PROFITEERING BUSINESSES",that serve as a jobs magnets. If our so called "leaders" would quit playing politics with this issue & deal with it head on,the problem would be solved very quickly. Of coarse this will never happen because that would mean the politicians would have to cross their political donors. I also agree that people are FED UP with this bullshit,but I see it a bit differently. People are fed up with the Republi-con overreaching policies & their demagoguery. This is supported by polls that show support for congress is at an all time low.This is also supported on a local level by the fact that the people of LD18 voted RuSSell Pierce out of office for his obsession with & approach to the illegal immigration issue along with disreguard for the laws he was supposed to be upholding. Arpiehole is sure to meet a simular fate.   BTW, if anyone has demonstrated any type of overzealousness in responding,that would be you. You have shown no hesitation in replying to anyone commenting on this thread.

Bobby
Bobby

Anyone can see what the DOJ'''s real agenda is except the many morons on this blog.

Bobby
Bobby

Bravo, bravo, bravo, and a thousand more. You are so congruent on what this is all about that I applaud you and congradulate your sharp insights. My Lord, if we only had a citizenry as enlightened on this as you are. Ten percent more Americans would tip the scales that would destroy this tyrannical interference by a government totally out of control and not carrying out existing U.S. immigration law. I said, "EXISTING U.S. IMMIGRATION LAW!!!

AngelicaUNC1
AngelicaUNC1

Lying Bobunf---

Who did that?  Idiot!  When did I say ignore crimes/abuses committed by the police????  I SPECIFICALLY and EXPRESSLY said that if there are civil rights abuses those should be PROSECUTED.  Can you not read?  Are you just interested in perpetuating subterfuge and blatant lies?  YOU ARE THE LIAR!!! 

At the same time as valid claims of civil liberties abuses must be prosecuted, the federal DOJ has acted in a disgraceful manner by refusing to enforce its own laws and suing states that seek to enforce the equivalent of federal law.  The law must be enforced.  The Executive Branch has a Constitutional duty to execute acts of Congress and violates its duty when it ignores those acts.  I guess you cannot fathom this manifest requirement.  The two imperatives are NOT mutually exclusive (except in your mind and in the mind of those with a similar intellectual incapacity).

I know more about the U.S. Constitution that you ever will --- and Constitutional rights certainly do NOT include coming into, being, remaining in this country ILLEGALLY!!!  Therefore, go waste your warped perspective and devote your dishonesty to some other more worthy endeavor. 

Further, your simple mind leads you to make yet additional FALSE assumptions--- I am not on your county computer--- I AM PROFESSIONAL IN PRIVATE PRACTICE, AND I LIVE IN ANOTHER STATE--- IDIOT!

Bobunf
Bobunf

People who call themselves a "life-long liberal Democrat" and then insist that it's great to ignore American values, actual crime victims and blatant illegal discrimination - such people are lying.  Even most life long extremist Republicans (e.g., the Goldwater Institute) do not favor spitting on the Bill of Rights, giving a pass to rapists and child molesters, and arresting people because their skin is brown or they said the Sheriff is a rotten egg - like happened to the editors of this paper.

So get off the County computer and go do something useful - like drive safely home and look for an honest job starting tomorrow.  

Now Trending

Phoenix Concert Tickets

Around The Web

From the Vault

 

Loading...