Posts tagged ‘sheriff joe’

Can We Please End the Drug War Now

Recently small town Grantville, Georgia police chief Doug Jordan flew out to meet with our very own Sheriff Joe.

Following their meeting, Jordan expressed his hopes to establish Grantville’s own drug team. He also planned to have some of his officers travel to Arizona for training.

Seriously?  A dedicated drug team?  Grantville has a population of 3,096 in 2011.  Here it is in all its metropolitan glory:

grantville

 

Next, they will be wanting a tank.

What Joe Arpaio's PR Activity Has Been Displacing

While Sheriff Joe was pursuing a vendetta against County officials, chasing down Mexicans with broken tail lights, and raiding dry cleaners demanding immigration papers, over 400 sexual assaults were going under-investigated.  According to the article, this was not an accident -- there was a real prioritization that put few resources in the special victims unit and put more and better staff on things like counter-terrorism (Phoenix being a well-known hotbed of terrorist activity).

The understaffing in the special-victims unit was due in part to the Sheriff's Office's priorities -- and the special-victims unit was not one of them, according to a half-dozen current and former sheriff's employees.

Despite a Maricopa County hiring freeze prompted by the faltering economy, the Sheriff's Office from 2005 through mid-2008 was hiring 45 to 50 new deputies annually and tackling initiatives that included counterterrorism and homeland-security enhancements. The office also embraced immigration enforcement, sending 60 deputies and 100 detention officers through a federal immigration-training program and creating a human-smuggling unit with at least 15 dedicated deputies.

Staffing in the special-victims unit remained unchanged during those years: four detectives....

The Sheriff's Office was allocated more than $600,000 in fiscal 2007 for six full-time positions for "investigating cases involving sexual abuse, domestic violence, abuse and child abuse." The Sheriff's Office now says the six new positions were to focus solely on child-abuse cases. In any event, they cannot say where those deputies went to work.

"We don't know," Chief Deputy Sheridan said. "We've looked, and we can't find any of those position numbers which were allocated for child-abuse cases."

This is due in part to the acknowledged misallocation of roughly $100 million in agency funds that had patrol deputies being paid out of an account designated for detention officers.

The department was almost certainly spending more on Joe Arpaio's PR than it was on the special victims unit.  Dozens of cases showed no investigation at all, and hundreds showed that no contact had been made either with the victim or the suspect.   Piles of case files were found random file cabinets and even one officer's garage.

Bottom Story of the Day

Sorry for the lack of serious blogging, but I am not in the mood.  Local 81-year-old woman accused of hoarding and eating cats by Maricopa County Sheriff's Department.  Sheriff Joe and this woman are perfect for each other.

Yes, We Have One of Those Stupid Speech-Limiting Bills Here Too

Arizona House Bill 2549, which just passed its committee 30-0:

It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use ANY ELECTRONIC OR
DIGITAL DEVICE and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person.

I'm no lawyer, but it sure looks like, under this proposed law, my blogging that Sheriff Joe is an asshole will be illegal (if he is annoyed, and believe me he is annoyed by any criticism).

Note also that by the wording of the law, said communications are illegal in Arizona if it was originated here or received here.  That means if you folks in Colorado or California put something profane in an Internet comment, and it annoys some idiot in Arizona, you are technically in violation of the law.

Sometimes I have this fantasy that we have a Goldwater-libertarian streak among Arizona Republicans.  Obviously, this is just that, fantasy.

 

An Open Letter

Dear America,

Have fun resetting all those clocks this weekend.  Sorry about the hour you lose.

Love, Arizona

 

PS-  we have to have something to make up for Sheriff Joe, and not farting with DST eases the pain a bit.  See my article here about why DST is an outdated concept that no longer saves energy -- it turns out that the nature of electricity demand has changed over the last 100 years since DST was first tried.  Who would have thought?  Anyway, this research essentially demonstrates that Arizona is at the forefront of modern, science-based environmentalism.

Well, I Guess Dave Barry Was Right About Libertarians

This has to be the bottom headline of the day:  Joe Arpaio: Craigslist Used To Find A Dog To "Fornicate" With Woman While Husband And Friend Watched.  Sheriff Joe certainly does seem to be the last bastion against a total breakdown of civilization.  I am so relieved he is on top of this.  Gives me the willies to think he might have been chasing murderers or something and let these guys escape.

Why Sheriff Joe is Still Sheriff

For those of you not in Arizona that wonder from all the articles about him why Sheriff Joe is still elected by almost landslide majorities, and why Republicans all over the state still beg him for his endorsement, here it is:

A subsequent examination of the sheriff's file showed that residents of Maricopa County wrote to him regarding the presence of Mexicans in greater Phoenix.

Citizens saw day laborers. They saw people with brown skin. They heard Spanish spoken.

And what the letters reveal is enormous anxiety about Hispanics:

  • "I always see numerous Mexicans standing around in that area . . . These Mexicans swarmed around my car, and I was so scared and alarmed . . . I was never so devastated in my life regarding these circumstances . . . Although the Mexicans at this location may be within their legal right to be there . . . I merely bring this matter to your attention in order that all public agencies, FBI, etc., may be kept informed of these horrific circumstances."
  • "I would love to see an immigrant sweep conducted in Surprise, specifically at the intersection of Grand and Greenway. The area contains dozens of day workers attempting to flag down motorists seven days a week."
  • "The Mesa police chief drags his feet and stalls . . . the head of the Mesa police union is a Hispanic."
  • "As a retiree in Sun City, formerly from Minnesota, I am a fan of yours and what you are doing to rid the area of illegal immigrants . . . when I was in McDonald's at Bell Road and Boswell (next to the Chase Bank) this noon, there was not an employee in sight, or within hearing, who spoke English as a first language — to my dismay. From the staff at the registers to the staff back in the kitchen area, all I heard was Spanish — except when they haltingly spoke to a customer. You might want to check this out."

And Sheriff Arpaio did check it out.

None of the Hispanics described in the letters had broken the law. It is not against the law to speak Spanish or work as a day laborer.

Arpaio nonetheless gave the correspondence to Deputy Chief Brian Sands. Federal Judge Snow determined that raids and roundups quickly followed. Hispanics were rousted because white people were uncomfortable.

Sheriff Joe once did a roundup in tony Fountain Hills, which I would be surprised if it had even 5% Hispanic population, and managed to drag in for various petty violations (e.g. cracked windshield) a group that was about 95% Hispanic.  His favorite thing to do, when he isn't busting into homes with Hollywood celebrities, is to send his deputies into a business and have them handcuff everyone with brown skin and refuse to release them until they or their family members have arrived to prove they are in the US legally.

This whole article is a good roundup of yet another abusive side of Arpaio, his flagrant disregard for public records laws and the rules of evidence.  In Maricopa County, "exculpatory evidence" and "shredded" have roughly the same meaning.

Utterly Without Class

Well, the execreble Sheriff Joe Arpaio, America's most-desirous-of-PR-exposure lawman, is at it again.  Phoenix will be mobbed by the press in a couple of weeks when the MLB All-Star Game comes to town, and of course Sheriff Joe will be hurt and depressed if he doesn't get himself in front of all those cameras.

So this is apparently his plan for doing so:

Sheriff Joe Arpaio's publicity stunt of choice for All-Star weekend: a female chain gang that probably will make a stop at Chase Field to pick up garbage as the national sporting press tries to cover a baseball game....

This particular gang is comprised of women convicted of DUI. They will be decked out in the standard striped uniforms. However, they will also be wearing pink T-shirts with messages about DUI.

Because nothing says "thoughtful and humane treatment for alcohol problems" like parading prisoners in front of national TV audiences like a modern remake of Cool Hand Luke.

We give special, unique powers to use force to the police, and it is horrifying to see them used for personal aggrandizement.

By the way, I will share my secret fear.  As you may know, Apriao enjoys leading raids on businesses that hire Mexican immigrants.  His MO is to zip-tie everyone with brown skin or an accent until they can produce proof of citizenship.  My deep fear is that he will run a raid of the concession operations at the ballpark during the game.

Our Local Enemies List. Is This Finally the End for Sheriff Joe?

Folks in other parts of the country hypothesize that their politicians may or may not have enemies lists, but these are all, frankly, wimpy initiatives when compared to our famous Sheriff Joe Arpaio and his treatment of enemies.  You see, if Sheriff Joe sees you as a political enemy, he brings you up on charges.  When he came in conflict with his bosses, he and his buddy former County attorney Andrew Thomas brought them up on racketeering charges.  When a judge failed to deliver the rulings he wanted in that case, he brought the judge up on bribery charges that fell apart even before the ink was dry (read about some of the hijinx here).

Now there is an ongoing investigation of Sheriff Joe and his department around Arpaio's attempts to get a political opponent, one of his bosses on the Board of Supervisors Joe Stapely, brought up on charges.  Or at least, be seen in the media as brought up on charges, because it is fairly clear that Arpaio was less interested with the strength of the case (which like many of his other political attacks fell apart nearly immediatley) as casting negative media attention on a political opponent.  Money quote highlighted in bold, from the Phoenix New Times which has a great history of staying on Arpaio's case but does not write very well organized articles.

About a month after the indictment, MACE [a division within Arpaio's organization] raided the offices of an associate of Stapley's, developer Conley Wolfswinkel. The claimed justification was that the Sheriff's Office was looking for evidence of additional crimes that detectives had uncovered in the disclosure-form case.

Knight [leader of MACE] had reviewed the search warrant before a raid on January 22, 2009, and believed that he had enough evidence based on testimony from Stapley's bookkeeper, Joan Stoops, to carry out the raid. Stoops told detectives that it appeared Wolfswinkel had inked an agreement to pay Stapley hundreds of thousands of dollars in a land deal when Wolfswinkel had business before the Board of Supervisors.

Knight said Sheriff Arpaio reviewed the search warrant personally — and asked Knight why he hadn't included more details about the case in the warrant. Knight, according to the report, told Arpaio that the details weren't necessary to establish probable cause, the legal term for the level of evidence needed to persuade a judge to sign a search warrant.

The report doesn't specify which details Arpaio wanted Knight to add, but it does describe how Arpaio pressed him on the issue, saying he wanted to make sure the warrant would hold up. Knight didn't buy what Arpaio was saying, believing that the sheriff only wanted the extra information so he could sensationalize the case.

"Are we writing a press release or are we writing a search warrant?" Knight said he asked the sheriff. "I just need to be clear on what we're trying to produce here."

The sheriff stared at him and said sternly: "Get the information in there," the report states. Arpaio then got up and walked out.

Knight did as he was told and included the superfluous information. He had the warrant signed and prepared his deputies for the raid on Wolfswinkel's Tempe business office. He recalled that Arpaio's right-hand man, then-Chief Deputy David Hendershott, called Knight numerous times, asking: "Are we in yet?"

Hendershott, Knight stated, told him that as soon as the search warrant was signed, Knight was to go to the nearest Kinko's and fax a copy to sheriff's headquarters.

"So we get in; we secure the place," Knight said to investigators. "I run over to the nearest Kinko's, which is three or four miles away, [and] fax the document over to him.

"By the time I get back to Conley's business, I've already got a news helicopter flying overhead."

Knight found out later that the search warrant had been handed to the media in conjunction with a press release.

A news conference was under way before Knight got back to his office.

Arpaio also tailored his public statement to emphasize the shocking revelation that Stapley and Wolfswinkel were being investigated in an alleged "bribery" scheme.

The bribery story fell apart within days, by the way, as the officers realized they had the dates wrong on the land deal such that the deal and the supposed political payoff could not be related.

Arpaio faces a myriad of charges.  His defense was that it all happened without his knowledge, which is laughable given the way he is known to run the department.   He is claiming in his PR that the whole department is created in his image but that he has no responsibility for what it does.  Like any good mobster, he apparently had a consigliere named Hendershott who he is attempting to claim now was a loan wolf rather than Arpaio's right hand man, in order to deflect accountability.

The entire article is worth  a read for Arpaio-philes and phobes alike.  It serves as a good summary of some of the worst excesses of Arpaio's reign.

Update:  By the way, does anyone feel comfortable with a police department (much less sheriff Joe) having the weapon shown in this picture.   Can one imagine any legitimate use, short of perhaps a full-blow zombie invasion?   (source)

Joe Arpaio, Web Mogul

Joe Arpaio, I suppose seeing how Ben Quayle rode his writing gig for the Dirty into Congress, has decided he wants to compete with all manner of bottom-fishing web sites.  He has created a special web feature in a what he states is an attempt to drive more people to his web site -- the goofy booking photo of the day.

Several local lawyers, including some mental health advocates, are asking if it is appropriate for a sheriff to run online contests to vote for the inmate with the worst booking photos.  This is a great example of a situation (like video surveillance) where public officials have less, rather than more rights and privileges than ordinary citizens.  Kudos to Scott Ambrose for making a point that is seldom made, and we should remind politicians of all the time:

Arpaio says that booking photos are aired in the news media every day. A local alternative weekly even took a page from Arpaio's playbook earlier this year and let readers have fun with some of the sheriff's mug shots.

"Sheriff Joe will argue that 'I can do this because New Times can,' " Ambrose said. "There's lots of things the government can't do that you and I can."

I have another question - for what possible public purpose is Arpaio spending taxpayer money to drive people to his web site?  This is so incredibly self-serving its hard to believe, but fits right in with Arpaio's whole history of taxpayer-funded self-promotion.

PS-  I have always argued that booking photos should not be public information, as they amount to an improper punishment.  The legal system has a technical term for someone who has been arrested but has not gone to trial:  Innocent.

The Ever-Predictable Sheriff Joe

Via Valley Fever, Sheriff Joe is expanding his outdoor jail whose conditions are substantially worse than those at the nearby WWII POW camp where German prisoners were held.

In the words of the Maricopa County Sheriff's Office, 17 years ago today, "on a swelteringly hot day in 1993, Maricopa County Sheriff Joe Arpaio opened the doors to the nation's largest canvas incarceration compound. Tent City, as it became known, would prove to be one of Sheriff Arpaio's best known and potentially most controversial programs."

Today, Arpaio's celebrating the anniversary by unveiling a new section of the compound: "Section 1070," specifically designated for those arrested under Arizona's controversial, new immigration law.

The new section can hold an additional 100 inmates but Arpaio says he expects that number to grow.

"Citizens here sincerely hope that SB 1070 will result in large numbers of illegal aliens being captured and arrested by local law enforcement officers," Arpaio says. "I'm not so certain that will actually happen. But on the assumption it does, then as the Sheriff of this county, I am ready. Tent City is ready. There will never be the excuse that this jail hasn't enough room for violators of SB 1070."

Jan Brewer Jumps the Shark, Slides into Outright Prejudice

On this blog, over the last couple of months, I have presented a pretty clear set of facts showing that, with the possible exception of some rural border regions beset by drug gangs, the vast majority of Arizona has experienced rapidly falling crime rates, in fact crime rates falling much faster than in the rest of the country.  The crime rates of even our key border towns has remained flat.

What to make, then, of these statements by our governor.

Gov. Jan Brewer on Friday reiterated her assertion that the majority of illegal immigrants are coming to the United States for reasons other than work, saying most are committing crimes and being used as drug mules by the cartels.

Brewer's remarks are an expansion of comments she made last week during a televised debate between the four Republican gubernatorial candidates....

In the debate, Jette [a candidate running against Brewer] said that most people who cross illegally into Arizona are "just trying to feed their families." Brewer disputed that, saying, "They're coming here, and they're bringing drugs.

And they're doing drop houses, and they're extorting people and they're terrorizing the families." The governor, who has become a national media figure since signing Senate Bill 1070 into law on April 23, went further on Friday, saying that the "majority of the illegal trespassers that are coming (into) the state of Arizona are under the direction and control of organized drug cartels."

When pressed, Brewer said that even those who do come to the United States looking for work are often ensnared by the cartels.

"They are accosted, and they become subjects of the drug cartels."

Estimates are that there are 8-12 million illegal immigrants in the US (Brewer's hispano-phobic allies would put the number much higher).  They are mostly all drug dealers and criminals?  Really?

I try really hard not to try to guess at what motivates folks I disagree with by assuming they are driven by something dark and evil, but how else in this case can one describe opinions like this so contrary to facts as anything other than prejudice against a particular ethnic group?

Just look at the actions of our governor and folks like Joe Arpaio.  If it really were the case that illegal immigrants are all criminals uninterested in legal work, then why is so much recent legislation aimed at business owners that hire illegal immigrants?  Or at day labor centers?  Why are all of Sheriff Joe's immigration sweeps raiding lawful businesses rather than, say, crack houses?  After all, if illegal immigrants are all just drug dealers not looking for real work, why spend so much time looking for them, uh, doing real work?

Postscript: If Brewer is in fact correct, then there is a dead easy solution for the illegal immigration problem -- legalize drugs.  She and I both agree that the worst criminal elements of illegal immigrants would be much less of a problem without the illegal drug trade.  The only difference is that I think that segment makes up less than 1% of the population of illegal immigrants, and she thinks its everyone.

Further, to the extent that some illegal immigrants just trying to support their families are "ensnared" by drug cartels (whatever that means) it is because of their immigration status.  Make them legal residents of the country, and no one has any particular leverage over them.

Note to Commenters: Many, many of you have disagreed with me vociferously on immigration.  Please, I would love to see reasoned comments defending Brewer, particularly with data.  In particular, please use the laws of supply and demand to explain how the majority of 8-12 million people are able to earn a living in the illegal drug trade in the southwest.  To help you out, there are about 6.6 million people in Arizona.  Based on national rates of 8% of over age 12 being users, about 500,000 of those are illegal drug users.  One estimate is that there are 500,000 illegal immigrants in Arizona.

Update: Are she and I living in the same state?

Arizona GOP Gov. Jan Brewer claimed recently that law enforcement has been finding beheaded bodies in the desert "” but local agencies say they've never encountered such a case.

"Our law enforcement agencies have found bodies in the desert either buried or just lying out there that have been beheaded," Brewer said Sunday, suggesting that the beheadings were part of increased violence along the border.

But medical examiners from six of Arizona's counties "” four of which border Mexico "” tell the Arizona Guardian that they've never encountered an immigration-related crime in which the victim's head was cut off.

Can I Make the Opposition Response?

Do all your sheriff's waste their time on this kind of stuff?  Sheriff Joe is cranking on the old PR machine again, this time having an Oval Office fantasy emulating the President's weekly address:

Sheriff Joe Arpaio on Monday announced plans to use a live-streaming video Web site to deliver a weekly address to the media and public.

The Web program "JMA TV-1" will stream Wednesdays at 1:30 p.m. for five to 10 minutes, depending on the subject matter, according to a statement from the Maricopa County Sheriff's Office.

Counter-Point on Arizona Crime

For a while I have been asking where the so-called immigrant-driven crime wave is in Arizona, given that crime rates have fallen much faster in AZ than in other parts of the country.

Tom Maguire argues that the overall drop in the crime rate in Arizona over the last decade or so hides a possible increase in crime rate in rural areas, which I suppose he might argue is due in part to Mexican immigrants.  Check out his data, it does in fact show an increase in the crime rate outside of MSA's (metropolitan areas) though the data is mute on causes.  One potential cause is simply mix shift -- it is clear from the enormous drop in population in these non-MSA areas that some areas classified as non-MSA in 2000 have been reclassified MSA in 2008.  So the comparison is not apples to apples, and some of the shift (or even all of it) could be the changing mix of areas in the metric.

To the extent the rural numbers are driven by immigrants, my sense it is due to the violent well-armed drug gang flavor of immigrants, a group not particularly intimidated by SB1070, as most of them are not spending their time at Home Depot in day labor recruiting areas waiting for the next Sheriff Joe roundup.

Anti-Immigration Playbook

There is an anti-immigrant playbook in this country that goes back at least to the 1840's and the first wave of Irish immigrants.  Typical arguments applied to nearly every wave of immigrants to this country have been 1.  They are lazy; 2. They are going to take our jobs (funny in conjunction with #1); 3.  They increase crime and 4. They bring disease.

To date in Arizona, we have seen all three of the first arguments in spades, but until recently I had not seen #4.  But trust Sheriff Joe to be out front on this, issuing a press release stating:

Sheriff Joe Arpaio says that he has long argued the point that illegal immigration is not just a law enforcement problem but is a potential health hazard as well.

"This is a risk to our community and to my deputies," Arpaio says. "Deputies never know what they may face in the course of enforcing human smuggling laws."

Arpaio says that in the last two months, four inmates, all illegal aliens from the country of Mexico, were confirmed with having chicken pox, placing 160 inmates into immediate medical quarantine.

Earlier Apraio had this to say to GQ magazine (but he's not a racist!)

All these people that come over, they could come with disease. There's no control, no health checks or anything. They check fruits and vegetables, how come they don't check people? No one talks about that! They're all dirty.

Of course, like many of Arpaio's fulminations, this release fell somewhere between a grand exaggeration and an outright lie.

Maricopa County health officials denied reports by the Sheriff's Office that 160 jail inmates had been quarantined two months ago because of four illegal immigrants with chicken pox.

Officials also downplayed a news release issued by Sheriff Joe Arpaio's office last night about chicken pox found in immigrants busted yesterday, noting that such minor outbreaks don't normally make the news.

After our inquiries, MCSO Lieutenant Brian Lee said that Arpaio had, in fact, misspoken when he stated for the news release that a large-scale "quarantine" had taken place.

Katie Bar the Door

I have a new theory -- that the most dangerous circumstances for individual liberty in this country are when Conservatives and Liberals agree.  When there is some issue where the authoritarianism of the right coincides with the authoritarianism of the left, then watch out.  The example I offer today is child molestation prosecutions, where the law and order Right meets the smug for-the-children moralizing of the Left.  Where Janet Reno meets Joe Arpaio.

Congrats to Tonya Craft for her acquittal, and here's hoping (though there is not much chance) that the prosecutors and particularly that jackass of a judge suffer some sort of negative consequences from their outlandish abuse of due process.  My jury experience on a similar case here.

UpdateAnd speaking of Sheriff Joe...

Immigration Law Updates

The most important news, I suppose, is that Arizona has made its new immigration law more palatable with a few changes.

The first concerns the phrase "lawful contact," which is contained in this controversial portion of the bill: "For any lawful contact made by a law enforcement official or a law enforcement agency"¦where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person"¦"  Although drafters of the law said the intent of "lawful contact" was to specify situations in which police have stopped someone because he or she was suspected of violating some other law "” like a traffic stop "” critics said it would allow cops to pick anyone out of a crowd and "demand their papers."

So now, in response to those critics, lawmakers have removed "lawful contact" from the bill and replaced it with "lawful stop, detention or arrest." In an explanatory note, lawmakers added that the change "stipulates that a lawful stop, detention or arrest must be in the enforcement of any other law or ordinance of a county, city or town or this state."

"It was the intent of the legislature for "˜lawful contact' to mean arrests and stops, but people on the left mischaracterized it," says Kris Kobach, the law professor and former Bush Justice Department official who helped draft the law.  "So that term is now defined."

The second change concerns the word "solely."  In a safeguard against racial profiling, the law contained the phrase, "The attorney general or county attorney shall not investigate complaints that are based solely on race, color or national origin."  Critics objected to that, too, arguing again that it would not prevent but instead lead to racial profiling.  So lawmakers have taken out the word "solely."

"There were misstatements by the opponents of the law that this was written to permit some consideration of race in the enforcement of this law," says Kobach, "and that's not the case at all."

It is hard for me to separate in my mind whether the problem I have with what remains is really with this law or with the individuals whom I know to be tasked with its enforcement.  Sheriff Joe Arpaio has a history of pulling over every Mexican he runs into with a broken tail light on his crime sweeps, so in actual practice, the requirement of there being some other crime involved doesn't do much to make me fear profiling any less.  But its hard for me to say that checking immigration status of people arrested or detained is unreasonable, so it may be I am just uncomfortable with the overzealous enforcements and Sheriff Joe's patented crime sweeps.  (I am still opposed to the socialist definition of property rights that conservatives have adopted in the law).

I thought Megan McArdle had an interesting point:

If the immigration problems in Arizona are really so serious that they merit deep intrusions upon the liberty of citizens who happen to resemble illegal immigrants, than they are serious enough to intrude on the liberty of everyone.  Don't make the cops check the status of anyone who they "reasonably suspect" is illegal; make them check the status of everyone, no matter how blond-haired, blue-eyes, and fluent in standard American english they may be.  If you forget your license at home, the police detain you, just like they detain anyone of mexican descent, while someone fetches it.  If you can't produce a birth certificate, passport, or similar, then you wait in the pokey until they can verify your legal status.  No police discretion.  No profiling.

We can illustrate McArdle's point with an example, where our sheriff's descended on a local business and zip-tied and detained anyone who looked Hispanic until they could produce proof of immigration status.  No Anglos at this location were treated the same way:

Deputies from the Maricopa County Sheriff's Office raided a Mesa landscaping company early Wednesday morning, arresting nearly three dozen people suspected of being in the country illegally.

The raid on offices of Artistic Land Management, on Main Street just west of Dobson Road, happened about 4:30 a.m., according to one worker who was handcuffed and detained before being released when he produced documentation that he was in the country legally"¦.

Juarez estimated about 35 workers were handcuffed with plastic zip-ties while deputies checked for documents. Those who could provide proof they were in the country legally were released, while others were put on buses and taken away.

This is something the bill supporters just don't want to deal with -- the ugly sight of all the brown skinned workers at a location separated out from their peers and zip-tied until they can produce the proper government papers.

Daniel Griswold of Cato offered what I thought was an excellent framework for thinking about immigration and immigration reform:

Requiring successful enforcement of the current immigration laws before they can be changed is a non sequitur. It's like saying, in 1932, that we can't repeal the nationwide prohibition on alcohol consumption until we've drastically reduced the number of moonshine stills and bootleggers. But Prohibition itself created the conditions for the rise of those underground enterprises, and the repeal of Prohibition was necessary before the government could "get control" of its unintended consequences.

Illegal immigration is the Prohibition debate of our day. By essentially barring the legal entry of low-skilled immigrant workers, our own government has created the conditions for an underground labor market, complete with smuggling and day-labor operations. As long as the government maintains this prohibition, illegal immigration will be widespread, and the cost of reducing it, in tax dollars and compromised civil liberties, will be enormous.

It turns out that after excoriating the Arizona law as being too intrusive, Democrats have responded with ... something even more intrusive.

Sometimes I just love the Democrats.  After fomenting a near meltdown over the Arizona immigration law, with charges of nazism and cries of "show me you papers!" flying hither and yon, the Democrats introduce an immigration framework with what?

Improved papers, of course.

Yes, the Dems screwed the pooch and included a national ID card in their proposed legislation.  And a biometric one at that.   As someone characterized it, it's a "super Social Security card".  Remember when you were assured that your SS card/number was not for identification purposes and never would be.  Well Bunky, that was as true as most of the promises politicians make.

Democratic leaders have proposed requiring every worker in the nation to carry a national identification card with biometric information, such as a fingerprint, within the next six years, according to a draft of the measure.

As a final note, for years I have asked strong exclusionist conservatives how they square their opposition to immigration with their desire for freedom of contract and exchange.  After all, if commerce is free, do I not have the right to hire anyone I want for a job, no matter where that person was born.  Why do Conservatives want to require that all workers have government licenses before they can be hired?  It turns out that the ACLU makes the same point in response to the above proposal (from the link above, emphasis added):

"Creating a biometric national ID will not only be astronomically expensive, it will usher government into the very center of our lives. Every worker in America will need a government permission slip in order to work. And all of this will come with a new federal bureaucracy "” one that combines the worst elements of the DMV and the TSA," said Christopher Calabrese, ACLU legislative counsel.

Note to Conservatives-- when the ACLU, founded by Marxists and which to this day resists recognizing property rights, gets out ahead of you on the rights to free exchange and commerce, you are in trouble.

Update:  More from Brad Warbiany and Matt Welch

When Conservatives Turn Against Private Property and Private Contracts

Update:  Yes, I am aware that it is ILLEGAL as many people have informed me in all caps.  Here is my response, and a thought problem for those posing that issue to me.

Apparently, our Arizona legislature is about to past a tough new anti-immigrant bill, to make sure that no one can work for us or be on our property without the government's permission.  Why is it that Conservatives who are nominally supportive of private property and private contracts disavow these rights when Mexicans are involved?

First, to the issue of property:

A bill empowering police to arrest illegal immigrants and charge them with trespassing for simply being in the state of Arizona, is likely just weeks away from becoming the toughest law of its kind anywhere in the country....

"When you come to America you must have a permission slip, period," said state Sen. Russell Pearce, the Mesa Republican who sponsored the bill. "You can't break into my country, just like you can't break into my house."

So aren't they essentially using a socialist view of property here?   This means that a person can be found to be trespassing on my property, even if he has my permission, if he doesn't have permission of certain members of the government.   It means that the government has more say over who can and can't be present on property than does the private owner.  This is horrendous precedent that Conservatives will someday come to lament.

As for contracts:

The measure allows police to detain people on the suspicion that they are illegal immigrants, outlaws citizens from employing day laborers, and makes it illegal for anyone to transport an illegal immigrant, even a family member, anywhere in the state.

Oops, so much for my ability to hire and fire at will.  And doesn't it make one all warm and fuzzy to think that having brown skin is officially going to be sufficient probable cause for Sheriff Joe to haul your ass into custody?  Because I am not exaggerating, Arpaio will haul in thousands on mere suspicion of being an illegal immigrant.  He already hauls in hundreds without this law.  What's next, checkpoints with state troopers telling us that "ve vant to see your papers" like we were living in occupied France?  Because the bill essentially requires that people present in Arizona be able to prove they are a citizen at all times.  Do I need to carry my passport when I am jogging?

I know a few paranoiacs here have managed to convince even relatively smart people outside this state that we are somehow in the midst of an invasion.  I live here, and no such thing is true.  We have a large Hispanic population that makes the state more interesting, and the limited number of problems immigrants cause for infrastructure here are no worse than the issues any major city faces.  I operate business all over the state, including right down at the border, and there is simply nothing awful going on here to justify this kind of paranoia.

Postscript:  Just to be clear, I believe I have the right to hire anyone I please, and to lease an apartment to anyone I please.  I don't think that people who happen to be born in another country should have to get a license from the state to be able to contract with me in these ways.  Both Democrats and Republicans are awful about this -- they rail against some modest state intrusion in their lives and then support an even bigger one.

Pink Jumpsuit for Sheriff Joe

Via Expresso Pundit:

It's becoming increasingly clear that Sheriff Joe--and probably County Attorney Andy Thomas--are going to be indicted on multiple felony counts.Maricopa County Manager David Smith issued this statement today.

Today's grand jury appearance was a welcome opportunity to tell our story on behalf of County employees.  Dozens and dozens of County employees, and some County vendors, have been targeted by Sheriff Arpaio and Maricopa County Attorney Andrew Thomas with retaliatory criminal investigations without cause, and disruption of their working lives without justification.

Sandi Wilson and I expect to return to the grand jury to give even more detailed testimony in three or four weeks about the many abuses of power by Sheriff Arpaio and his office that were generally described to the grand jury today.  We look forward to that next opportunity in the interests of justice.

No Sh*t!

Via the Arizona Republic, from a deposition by Sheriff Joe Arpaio:

Arpaio says he was not well versed on the Fourth Amendment to the U.S. Constitution, or its counterpart in the Arizona Constitution, which prohibit unreasonable searches and seizures.

Yeah, no kidding.  This is just kind of bizarre.  I get the whole ghost-writer thing, but at least Obama actually seems to have read the book that was ghost-written for him:

Maricopa County Sheriff Joe Arpaio has not read the book he co-authored in 2008, which includes information on Arpaio's philosophy on America's immigration problem and how to cope with the nation's porous borders.

Arpaio's lack of familiarity with the book, "Joe's Law - America's Toughest Sheriff Takes on Illegal Immigration, Drugs and Everything Else That Threatens America," was among the revelations to emerge from a nine-hour deposition the sheriff gave as part of a racial-profiling lawsuit filed against the Sheriff's Office.

Update: There is a spin in the article that Sheriff Joe is just a delegator, like any good corporate executive.  I am generally considered to be far more comfortable with delegation than average, and even I know a lot more about my business than Sheriff Joe does about his.    Part of the reason is likely that I don't spend 95% of my time on media and PR events to boost my name recognition at public expense.  And you can be dang sure that I know certain pieces of legislation that are important to my business, like the Fair Labor Standards Act and the Service Contract Act, better than my lawyers.

Could This Be The Tipping Point for Arpaio and Thomas?

It is not uncommon for certain shady dealing to go on for years, with a small group of critics but never really breaking out into the media.  We skeptics have been criticizing climate scientists for years for various problems with their temperature indexes and historical temperature reconstructions, but never really got traction until the CRU emails were made public, and then there has been a real firestorm of media attention.  Criticisms that never got much traction before are now being actively investigated.

I am hoping that we have a similar situation with Sheriff Joe Arpaio and County Attorney Andrew Thomas.  The story is so wacky it simply defies easy description, but Arpaio and Thomas have been pursuing a number of corruption probes against their bosses in the County government.  All well and good, except for the funny fact that the targets of the probes all seem to be historic critics of Arpaio and Thomas, who have brought out their biggest guns for the one Democrat on the County Council (Arpaio and Thomas are both Republicans).

Both these men have  a history of indifference to civil liberties.   When Arpaio is not busy arresting folks for breathing while Mexican (he once managed to make a crime sweep through the 99% Anglo neighborhood of Fountain Hills and arrest 75% Mexicans), he likes to haul folks off to jail whose only crime is speaking out against the Sheriff .   He arrested (with Thomas's help) newspaper reporters and editors who wrote critically of him.  This is a man who in his paranoia invented an assassination plot (against himself, of course) and got the city to spend $500,000 protecting him.  If his deputies want to see a defense attorney's working papers, they just take them.  If he can't get a judge to release computer records, he has his posse storm into the County computer center and take it over at gunpoint.

Most recently, Thomas and Arpaio wanted a judge who has handed them a number of court losses removed from a certain case.  To make that happen, Arpaio and Thomas bizarrely charged the judge and numerous other county employees in a giant RICO case, a case attorneys are still laughing about because it was so transparent and shoddy.  When that didn't work, he charged the judge with felony bribery, apparently on the interesting theory that getting a new, updated court house building was effectively a bribe to the judges working there.

It gets much weirder even than this, with Arpaio's stealing documents from a defense counsel in court (caught on video) with this same judge holding Arpaio's deputy in contempt for the action and then the sheriff's deputies essentially going on strike at court, refusing to bring in prisoners.

But after years of fawning, positive publicity as "Americas Toughest Sheriff," the dam may finally be breaking.  When the AZ Republic finally covers it, you know the situation has to be bad:

Hundreds of attorneys gathered on the courthouse steps in downtown Phoenix to protest Thomas and Arpaio's public campaign against public corruption.

LOL, I have a picture of these guys with suits and holding placards.  Anyway, this was a real blow:

And, in a scathing letter to The Arizona Republic, the Yavapai County attorney

, who previously handled some of Thomas' cases against county officials, blasted the prosecutor and sheriff as "a threat to the entire criminal-justice system."

Oops, so much for the respect of your peers.  Shelia Polk, the Yavapai County attorney (that is a neighboring county) handled the investigations into some of Arpaio and Thomas's early charges against our County officials, so she knows the details of the story.  And she is a Republican, the same party as Arpaio and Thomas:

In her letter, Polk wrote that although Maricopa County isn't her jurisdiction, she can't sit by and watch the abuses from a distance anymore.

"I am conservative and passionately believe in limited government, not the totalitarianism that is spreading before my eyes," she wrote. "The actions of Arpaio and Thomas are a disservice to the hundreds of dedicated men and women who work in their offices and a threat to the entire criminal-justice system."

Polk had stayed out of the legal drama in Maricopa County, and her remarks offer the first insight from an outside law-enforcement official who has some knowledge of the cases Arpaio and Thomas have lodged against county officials.

Arpaio's response was predictable:

Hendershott spoke on behalf of Arpaio. Hendershott said that Polk's office repeatedly failed to issue subpoenas the Sheriff's Office needed.

"It seemed clear to us that this case was being deliberately stalled," he said. "We basically let her know that her work product was ineffective."

This is a constant refrain from the sheriff - anyone who seeks to impose any limit on his power is therefore evil and conspiring to thwart his will.  It comes up time and time again - he simply does not react well when denied a subpoena, or a search warrant, or access to certain information.  If they are not rubber stamping Sheriff Joe's requests, then they must be corrupt.  If he had been honest, his RICO charges would have simply read "they didn't give me what I want."  But there is a reason these third parties are part of the process, and you can see it in Polk's letter:

Polk said she worked with the Sheriff's Office on the cases for the next six months, then returned the cases to the Maricopa County Attorney's Office.

In Polk's letter, she wrote that she was "happy to remove myself from the cases and from contact with Sheriff Arpaio. My discomfort grew daily and my role in restraining potential abuses of power increasingly more difficult."

I am Willing To Believe No One is Clean

A blog that specializes in criticizing the Phoenix police argues that Judge Gary Donahoe, recent target of Sheriff Joe Arpaio, has a bad record of aiding and abetting overly-easy search warrants.  I am willing to believe that -- I think about every judge in the nation is too close to police and prosecutors on search warrant issues.  But I don't think this is why Sheriff Joe is after him.  Sheriff Joe likes to make the wrong-address no-knock raid as much as anyone, and protection of civil rights has never been in Arpaio's top 100 or so concerns.  So Danahoe may have issues, but I Sheriff Joe's charges against him are likely pure power play.

Sherrif Joe is Protecting Our Vital Bodily Fluids

You know those movies where the populist politician is revealed slowly over time as an insane paranoiac taking increasingly over-the-top actions?  Welcome to Maricopa County, Arizona, home of Sheriff Joe Arpaio.

Sheriff Joe is not really big on restrictions on his power and authority.   When he is not busy arresting folks for breathing while Mexican (he once managed to make a crime sweep through the 99% Anglo neighborhood of Fountain Hills and arrest 75% Mexicans), he likes to haul folks off to jail whose only crime is speaking out against the Sheriff, who spends a lot of County money to maintain his public image.   He arrested newspaper reporters and editors who wrote critically of him.  This is a man who in his paranoia invented an assassination plot (against himself, of course) and got the city to spend $500,000 protecting him.

If his deputies want to see a defense attorney's working papers, they just take them.  If he can't get a judge to release computer records, he has his posse storm into the County computer center and take it over at gunpoint.  And if he doesn't like a judge's ruling, he and his sidekick County Attorney Andrew Thomas file a series of bogus charges against the judge until he recuses himself from the case.

This last and most recent story is almost impossible to summarize.  The Valley Fever blog makes an attempt here and the AZ Republic, who is generally in the tank for Arpaio, is even fairly incredulous here.

The short version is that Arpaio and Thomas are mad that some of Judge Gary Donahoe's past decisions did not go their way in a probe that have been conducting into the construction of the new county court tower.  There was another important hearing scheduled for today, and I suppose Arpaio and Thomas wanted the Judge out before the hearing.

last week, Thomas' office filed a "racketeering" lawsuit in federal court, which bizarrely accused the supervisors, their lawyers, and the judges of being a criminal enterprise under RICO laws.

Thomas gave away the purpose of this suit yesterday:

Because of that pending suit, Thomas said, Donahoe should have recused himself from considering Irvine's legal argument in court today.

"That's how lawless this behavior was," the County Attorney said. "Nobody is above the law."

Pot-kettle, and all that.  But Thomas as much as admits his expectation was that after he filed this really, really bizarre RICO suit, the judge would recuse himself from a case Thomas wanted him off of.  When the judge did not (the judge said, effectively, that the RICO suit was so goofy it hardly merited his stepping down) Thomas and Arpaio fired again.

Maricopa County Attorney Andrew Thomas this afternoon struggled to explain his decision to charge the county's presiding criminal court judge, Gary Donahoe, with three felony counts -- including bribery, obstructing a criminal investigation, and hindering prosecution.

But Thomas couldn't offer any evidence to the assembled media scrum that Donahoe actually had accepted a bribe of any sort. Instead, he and Sheriff Joe Arpaio (who stood next to Thomas at the lectern) offered the same vague allegations they have made for nearly a year regarding the county's planned court tower, currently under construction.

In fact, the county attorney said no evidence exists that the veteran judge personally has received anything in the way of a personal financial benefit during the flap over the $347 million construction project

Arizona has a "very broad" definition of bribery, Thomas said in response to requests for specificity.

Thomas seems to be alleging that the Maricopa County Board of Supervisors, the county's Superior Court bench, and their "shared" outside counsel, Tom Irvine and Ed Novak of Polsinelli Shughart, are an unholy "triad" working to block his and Arpaio's legitimate investigation into the tower's construction.

But today's announcement that Donahoe now faces felony charges -- when the only evidence of "wrongdoing" on the judge's part is a series of rulings that Thomas and Arpaio vehemently disagree with -- is unprecedented even in Maricopa County.

And again:

Yesterday two county supervisors, Mary Rose Wilcox and Don Stapley, were revealed to be facing criminal indictments.

Just for extra style points

Donahoe also is the same judge who ordered detention officer Adam Stoddard to jail last week for swiping a defense attorney's notes -- drawing Sheriff Joe's ire.

A decision, by the way, the Sheriff's office is still petulantly protesting by refusing to do their jobs at the county courthouse:

The Maricopa County Sheriff's Office has apparently stopped delivering inmates to the courtroom where a one of its detention officers was caught in an uproar that landed him in jail.

In a statement released late today, Superior Court Judge Lisa Flores said the sheriff's office has flat-out stopped bringing inmates to her courtroom for their scheduled appearances.

None was delivered Monday or today, Flores said in the statement, causing major delays in ongoing criminal cases. That follows several days last week when the sheriff's office either delivered inmates more than an hour late or not at all, she said.

The stonewalling comes after sheriff's detention officer Adam Stoddard was thrown in jail for contempt in an incident where he was caught taking confidential documents from the file of a defense attorney in Flores' court.

Another judge, Gary Donahoe, ordered Stoddard to apologize for the incident or go to jail. Last week, Stoddard chose the latter. He surrendered to his own agency on Dec. 1 and is being kept in an undisclosed location.

I can't resist ending on this Lady MacBeth moment

But Thomas insisted that he wasn't pursuing a criminal case against Donahoe as a preemptive strike hours before the judge was set to hold a hearing that could have ended with Thomas being barred from prosecuting any county supervisor.

He later told the gaggle, "If I'm not explaining this well, I hope you'll help me."

Unfortunately, based on past experience, the Phoenix media probably will.

More Crazy Joe Arpaio Sh*t

I totally missed this angle on Sheriff Joe, though to be fair our major paper in town never runs anything negative about him, so you have to ferret this stuff out from other sources.  Sarah Fenske observes, relevent to Sheriff Joe's deputy who was cited for contempt for swiping papers from the defense table during a trial and refusing to appologize for it:

Yesterday, the Maricopa County Sheriff's deputy accused of brazenly swiping -- and photocopying -- a defense lawyer's paperwork reportedly checked himself into jail, as ordered by Judge Gary Donahoe.

Deputy Adam Stoddard had refused to apologize for his actions, which ignited a firestorm from defense attorneys across the country. That put him in contempt of Judge Donahoe's order, and that meant jail time.

But as astute readers may recall, everyone in Maricopa County knows there's jail time -- and then there's jail time for Friends of Sheriff Joe.

For at least five years, Sheriff Joe Arpaio has maintained one jail for the hapless pre-trial detainees and Mexicans he boasts about tormenting -- and another one, a posh place New Times dubbed the "Mesa Hilton," for his supporters and celeb friends.

Any guesses which jail might now be housing Deputy Stoddard?

She links to an older John Dougherty article, who has been a long-time pain in Arpaio's backside:

Rather than serving time in hellish Tent City, Arpaio allows his special guests to serve their sentences in private, climate-controlled cells at the Mesa Hilton. The lucky inmates are also allowed to bring luxury personal items into the jail, including cell phones, musical instruments, computers and takeout meals.

Arpaio knows that the genteel class is willing to do just about anything to avoid having to serve time in the tents, where inmates are packed in like rats to swelter in the summer and get chilled to the bone in the winter.

It's not uncommon for those who serve jail sentences in the Mesa Hilton to do substantial favors for Arpaio.

Country-western singer Glen Campbell served his DUI sentence in the Mesa facility last July. On his last day in jail, Campbell threw a concert at Tent City that got Arpaio's smiling face on news shows across the globe.

Professional-sports mogul Jerry Colangelo's daughter, Mandie, also served her DUI sentence at Mesa, after which dad hosted an extravagant fund raiser for Arpaio that raised $50,000 in one day.

Likewise, Phoenix businessman Joseph Deihl served time in the Mesa jail on a solicitation conviction after his father donated $10,000 to Arpaio's reelection campaign.

Our City's Finest at Work

Phoenix police pump six rounds into the back of an innocent Phoenix homeowner who was still on the phone with 911 calling for their help with an intruder.

The scary part is how absolutely natural and well-polished the police's actions are in initiating a cover-up.  They may be screw-ups in the use of force, but they seem well-practiced in protecting their own from accountability.  Only the lucky break of having the 911 call still in progress and being recorded in the room the police were planning the cover-up prevented it from working.  Without this evidence, one wonders if the victim (who lived, incredibly) would have found himself accused of some heinous crime to take scrutiny away from the police.  "Oh, what's this here -- looks like a bag of white powder..."

One priceless detail is that the officer said he fired without seeing any gun in part because he thought he saw a Hispanic guy.  Wow -- if he loses his job with the Phoenix police (doubtful) I am sure Sheriff Joe would be thrilled to hire him.

We see this all the time nowadays - police roll without a thought into cover-up mode, and only the accident of video or audio recording prevents the cover up from working.  One wonders how many times they get away with this game when there is no electronic scrutiny.  Which is, I suppose, why police have invented a non-existent law that it is illegal to record their actions in public.  I am all for lojacking all of them with permanent electronic recorders.  (via Radley Balko, who has a roundup of a lot of similarly scary stories).

Postscript: The innocent homeowner (Tony) survived despite this treatment by police of his bullet-riddled body:

Officers ... painfully dragged Tony by his injured leg, through the home and out to his backyard patio, where they left him bloodied and shot right in front of [his family]."

The Arambulas say the officers later dragged Anthony onto gravel, then put him on top of the hot hood of a squad car, and "drove the squad car down the street with Tony lying on top, writhing in pain."