Joe Arpaio Fail: DOJ Cancels Racial-Profiling Talks, Describes Sheriff's Lawyer as Cheat and Liar

arpaio2.jpg
Joe Arpaio is heading to court after failing to negotiation a settlement with the Department of Justice over its racial-profiling findings.
Few would be surprised to know that Maricopa County Sheriff Joe Arpaio's office is lying about about its negotiations with the federal government over accusations of widespread racial profiling by deputies.

Both Arpaio and his ally, County Attorney Bill Montgomery, have accused the U.S. Department of Justice of lying about the evidence in its December finding that Arpaio's office practices routine discrimination against Hispanics. That could be true -- it wouldn't be a shock to find out the federal government has lied.

But we don't know the folks at the DOJ as well as we do Arpaio and those who work for him. Arpaio, as we've learned over the years, is a habitual liar.

For example, Arpaio lied to the public in 2009 when he announced that a campaign-finance scandal had "nothing to do with the Sheriff's Office." Arpaio lied about the 2010 arrest of County Supervisor Don Stapley. Arpaio apparently lied about his lack of memory during the Andrew Thomas hearings. The examples could go on and on.

Now the DOJ is accusing Arpaio's lawyer of lying and cheating in their negotiations to resolve the racial-profiling problem.

Arpaio and his representatives are such forked-tongue scoundrels, to paraphrase a new letter by DOJ deputy assistant Attorney General Roy Austin, the federal government is giving up on him.

See you in court, Austin tells Arpaio in the April 11 letter to Joseph Popolizio, Arpaio's lawyer.
austin roy 1.jpg
Roy Austin, deputy assistant Attorney General
"Your characterization of the terms of our Agreement is inaccurate and clearly designed to mislead," Austin tells Popolizio.

Popolizio did not immediately return calls by New Times for comment. But the accusation is quite harsh -- lawyers are supposed to be bound by ethical rules that should prevent the sort of intentional dishonesty Popolizio is accused of here. Just ask former County Attorney Andrew Thomas.

Austin's complaining in his letter about the characterization by Arpaio's office of the responsibilities of a federal "monitor" that was part of the negotiations to rid the Sheriff's Office of what the DOJ described in December as a "culture" of discrimination.

Last week, Arpaio announced he would not "surrender" his office to the monitor, which he claimed would usurp his power.

Austin says in his April 11 letter it would be "silly" for Arpaio's Office to "pretend that I or any other DOJ employee defined exactly what duties the monitor would have at the end of negotiations. Nothing of the kind was ever said and you know it."

Austin says the demands by Arpaio and Montgomery for "evidence" that supports the DOJ's findings are mere attempts to litigate the case before it gets to court. This makes sense to us: It just seems unlikely that when the DOJ claims that Valley Hispanics are "four to nine times" more likely to get pulled over by sheriff's deputies than by city police officers, the agency didn't pull that figure out of the air. They've got evidence, and they'll share it with Arpaio in court -- where the DOJ's racial-profiling case is now headed.

Austin writes to Popolizio:


It is clear that DOJ's concerted effort to attain voluntary compliance by your client has failed. It is also clear that we should not discuss anything else by telephone because you will not accurately portray those conversations. At this point, it is best to let a court determine the appropriateness of appointing an independent monitor as well as imposing other relief in order to address MCSO's constitutional and federal statutory violations.


According to JJ Hensley's story today in the Arizona Republic about the matter, the federal government won't say when it will sue Arpaio's office.

Another reason for not releasing info about witnesses in the racial-profiling investigation -- who include some of Arpaio's deputies -- is because of Arpaio's well-known penchant for retaliating against his enemies, Austin says. Examples of this retaliation, he writes, can be found in the case that led to the disbarment of Andy Thomas and Monday's damning ruling by U.S. District Judge Neil Wake, which we wrote about on Tuesday.

In that ruling, Wake declared that a lawsuit against them could proceed, in large part because Arpaio and Thomas did not enjoy legal immunity from all of their actions against political enemies.

Add this pending court action to Arpaio's other court dates: On the Melendres racial-profiling civil lawsuit, the malicious prosecution lawsuit before Judge Wake, and the Thomas Lovejoy trial coming up on April 17.

Click here for Roy Austin's letter to Joe Arpaio's lawyer.

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39 comments
native77
native77

In 2008 Me and my cousin and girlfriend were caught in an illegal immigration sweep and the strange thing is I am an american indian from the Pacific Northwest but despite my tribal id  joes goons didnt care to them it is about color I say stop the profiling and get a clue.

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Carrie
Carrie

And Eric Holder didn't know anything about Fast and Furious either and how odd it is that they aren't cooperating with Congress and have refused to turn over the information that has been subpoenaed. But then that is okay to do because after all it is Eric Holder and the Obama Administration. It is Arpaio and the State of Arizona that is always wrong and lets put the focus there and get it off of me says Mr. Holder.  I just think it is ironic that he is doing the very thing that his department is upset with Arpaio for. Arpaio is only asking for the back up documention to proof what they are accusing him of and I would want the same thing. He is doing his job based on the law and the Constitution, unlike some others, and I say way to go!

DNichols
DNichols

Give Arpaio, and his Puppet Lawyer, the evidence they require in the form of an "Indictment" for his Crimes, and Abuses?

To: True Justice, even in Arizona.

Coz
Coz

I can't wait until the Federal Courts shove a monitor up Bozo Joe's ass.
He won't have a choice, gotta love it...
I can't wait to see Bozo Joe get in a tizzy over this when the monitor shows up.
This should be quite the show.

Coz
Coz

Well...No shit...
I've known that for the last 12 years.
About time the DOJ woke up.

>>Joe Arpaio Fail: DOJ Cancels Racial-Profiling Talks, Describes Sheriff's Lawyer as Cheat and Liar
 

Rvhobo1954
Rvhobo1954

If one does a bit of research, the thing which gets 99% of politicians sent to federal prison is campaign law violations, bribery, kick backs many other things Arpaio is accused of will be pretty moot, his two man love commanders who are no longer working for him sang like canaries as did his once second in command at the lawyers disbarrment procedings, its only a matter of time before the federal sledge hammer hits, and boy will the right wing pink undie, Log Cabin cacus being whining and crying like little girls!:-)

Jesse James
Jesse James

Heard thru the grapevine that Joe's pal of SCA fame (Joel Fox) will testify in his hearing on Friday. Will he tell the truth?

Wasillawitch
Wasillawitch

W-T-H is Arpaio whining about a monitor for?

Shit, Arpaio relinquished his responsibilities for running the MCSO to others for years, hell, he's even testified to the fact in court, he doesn't know anything.  Or was that just another one of Arpaio's lies too?  If so, how the hell did Dave Hendershott get away with all his bullshit for years?  Oh Arpaio knew about that, but just ignored it!

A monitor or a new guy elected sheriff on November, doesn't much matter, Arpaio's done in this town.

TOM S
TOM S

It won't be long before the fat fuck gets his.

Alias
Alias

 All humans cheat and lie so whats new?  Joe is just like the rest of us and yall are just like him.

LD19 Resident
LD19 Resident

Is anyone surprised by this latest round of MCSO shurf/MontyPug bullshit?

MontyPug needs to put up or shut up (his own words) regarding whether or not the MCAO is representing the MCSO in the racial-profiling allegations. If so, great. Inform the Justice Department. If not, inform the Justice Department and SHUT THE EFF UP MONTYPUG!!

The MCSO shurf needs to fire his lawyer (we already know he won't) and retain a Deputy County Attorney or Assistant Attorney General to aid him. Hey, maybe the Old Fool will say "I don't recall" my lawyer lying to the DOJ.

fairymagic13
fairymagic13

The Gunwalker program, stated by the Bush Administration (aka Fast and Furious) was a SECRET program to attempt to bust the U.S. Citizens and the Criminal Gangs they were being straw purchasers for.  You are talking about a federal law enforcement officer disclosing highly confidential law enforcement tactics and programs to the very people they are fighting to stop the gun running and protect US Citizens.  You sir are a traitor and are asking The Department of Justice to betray our country and its law enforcement personnel.  I'm guessing you are employed by the Drug Cartels and are trying to reduce the effectiveness of our government to keep the violence down on our Border with Mexico.  Who's paying you to post here?  The Zetas?

Jim Hague
Jim Hague

"He is doing his job based on the law and the Constitution, unlike some others, and I say way to go!" ?

Seriously?

Maybe you've missed the witness, journalist, and law enforcement intimidation Arapio's been involved in? Maybe you missed his collusion with Mexican drug gangs to smuggle their poison through Maricopa County? The hundreds of civil rights violations - which are Constitutional violations, Carrie - or the suspicious deaths under Arapio's watch? That his lawyer was disbarred, his pal in the Arizona Senate recalled for corruption?

But, of course, it's all a conspiracy by the President, right? Never mind the millions of dollars lost due to lawsuits rightfully filed against Arapio and the Maricopa County Sheriff's Department. Or the rotting food. The violation of law requiring people be housed in tents no more than six months.

No, Carrie, he's not following the law. He is violating multiple Constitutional statutes. He's not doing his job, he's stumping to get re-elected so he can stay in power.

shadeaux14
shadeaux14

 Especially if they are prosecutors at the state (Horne) and county (Thomas,Aubuchon, Montgomery) level.

Coz
Coz

I now 2. Joel Robbins and Jason Lamm, both straight yup guys.

LD19 Resident
LD19 Resident

Nope.

I don't trust Fox as far as I can throw him...And I think a federal prison cell with his buddy former Deputy Chief Larry Black will be a good fit for former MCSO Captain Fox...

Coz
Coz

I expected to see Bozo Joe swim off and leave Andy to sink....oh wait, he already did that...

The Real David saint
The Real David saint

I cant recall, (lol no pun intended) but wasnt a monitor appointed to oversee the changes in the jail after it lost accreditation? He didnt take over the jail, just made sure they followed the rules and proper protocol...its really nonsense, and quite frankly im happy because now hes probably going to be forced by a court to allow a monitor who will likely be more involved than DOJ originally was going to have them be. lol way to go joe, just dug yourself a bigger grave.  Obama losing the election wont help either, imagine Romney stopping it right before trial...yea, that wouldnt smell of political favors would it. lol

Rvhobo1954
Rvhobo1954

Guess you have admitted your in the pink undie brigade, hate to bust your bubble bubba, but I don't find it cute, interesting or attractive to see men in pink undies, but am sure you Arpaio his two commanders caught in the man love affair and Babeu can all enjoy that pink undie brigade, I refuse to join you folks, sorry!:-)

Wasillawitch
Wasillawitch

Surprised?  Of course not!  Arpaio sunk over $500,000 into campaigning, albeit somewhat illegally, for Montgomery.  Hell, it only cost Arpaio another $76,000 dollars in fines!  Hell, it's worked out great for Arpaio so far!

Coz
Coz

Fox hasn't told the truth yet, he's not going to start now.

DNichols
DNichols

Arpaio already grew a new Butt Apendage, hopping Bill Montgomery.

Triple-6 Gun Mane
Triple-6 Gun Mane

That's not why I'm surprised. It shouldn't surprise anyone that the senile septuagenarian lawman does not possess any team work qualities. He simply cannot corporate. Do to so, you have to take him to the courts.

fairymagic13
fairymagic13

Fox is a Mormon - they can lie to non-mormons as we are not "children of god." 

Coz
Coz

Yup.....as with Drivinghalk.
Whom got charged in federal court for bilking investors with his family for 86 million dollars as you probably know. He hasn't been sentenced yet from my understanding. He's been busy ratting everyone out.

Yourproductsucks
Yourproductsucks

Did he give you the same sick feeling you get when in the presence of Richie Burden?

LD19 Resident
LD19 Resident

Was he as dimwitted and as clueless as he continues to portray himself in regards to trying to get his job back and the SCA scandal? 

LD19 Resident
LD19 Resident

Yup.

The only way Fox would ever tell the truth about anything is if the feds charge him (he's under DOJ investigation for the SCA scandal) and either grant him blanket immunity or a dismissal of all charges with no ability to refile the charges.

Coz
Coz

Yes, Tommy and I met with him over a beer.

Triple-6 Gun Mane
Triple-6 Gun Mane

 I believed you met Faux before didn't you? Or was it someone else.

Anon
Anon

cooperate.  corporate = ALEC.

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