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Arpaio apocalypse approaches

The hearing at which judge G. Murray Snow will hear final arguments on the possible criminal referral of birther1 Sheriff Joe Arpaio et al. is scheduled for next Tuesday, May 31, and no delays are visible on the horizon.

While birthers seem to think that the process is driven by some personal vendetta on the part of Judge Snow, it is actually plaintiffs harmed by Arpaio’s illegal actions who are pressing the matter. Most recently attorneys for the ACLU filed papers with the court urging a criminal referral of Sheriff Arpaio and Chief Deputy Sheridan with $300,000 in fines. Specifically plaintiffs are requesting remedies in the form of:

  • Enlarging the monitor’s authority to enforce the Court’s orders
  • Enlarging the monitor’s authority in internal affairs and discipline matters
  • Reforms to MCSO’s internal affaires and discipline policies and practices
  • Modification to the Supplemental Permanent injunction to address defendant’s pattern of noncompliance.
  • Compensation for victims of Defendants’ violations of the preliminary injunction
  • Attorneys’ fees and costs
  • Criminal referral, as civil remedies are inadequate. Criminal contempt, perjury, obstruction of justice and making false statements to the Court-appointed Monitor.

Here’s what’s been filed:

  • 5-27-16 1684.0 – Melendres v Arpaio – PLAINTIFFS’ MEMORANDUM ON REMEDIES FOR CIVIL CONTEMPT
  • 5-27-16 1684.1– Melendres v Arpaio – PLAINTIFFS’ Exhibits – These include judicial decisions in similar cases, and a draft methodology for compensating victims.
  • 5-27-16 1685.0 – Melendres v Arpaio – UNITED STATES’ MEMORANDUM IN RESPONSE TO FINDINGS OF FACT
  • 5-27-16 1686.0 – Melendres v Arpaio – CHIEF BRIAN SANDS’ MEMORANDUM RE REMEDIAL PHASE – Sands says that he has been left out of negotiations between other parties regarding compensation, and that he needs more time to meet with the other parties
  • 5-27-16 1686.1 – Melendres v Arpaio – SANDS’ EXHIBITS
  • 5-27-16 1687.0 – Melendres v Arpaio – DEFENDANTS ARPAIO, SHERIDAN & SOUSA RESPONSIVE MEMORANDUM TO COURT’S FINDINGS OF FACT – Defendants offer several remedies including donating $100,000 to a “civil rights organization” rather than to the specific victims of illegal detention as requested by the Government. The document refers to ongoing negotiations among the parties.
  • 5-27-16 1687.1 – Melendres v Arpaio – ARPAIO, SHERIDAN & SOUSA EXHIBITS – Draft compensation methodology, as seen in earlier exhibits.
  • 5-27-16 1688.0 – Melendres v Arpaio – DEFENDANT MARICOPA COUNTY’S MEMO IN RESPONSE TO COURT’S ORDER OF 5-13-16 – DOC 1677 – We can’t be asked to fund remedies related to willful or contemptuous conduct by others.
  • 5-27-16 1688.1 – Melendres v Arpaio – DEFENDANT MARICOPA COUNTY’S EXHIBITS – Another copy of the draft compensation plan

One issue that will have to be resolved is whether any of the misconduct detailed in these documents is outside of the scope of the original injunction, and therefore not redressable in this case. The deficiencies of internal affairs investigations comes to mind.


1The descriptive term “birther” is included here not to prejudice the reader against Arpaio, but to explain the relevance of this article to the topic of Obama Conspiracy Theories. It fits under the general category, “Birthers Behaving Badly.”

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38 Responses to Arpaio apocalypse approaches

  1. avatar
    john May 28, 2016 at 9:33 am #

    I wonder how long it would take to actually go to a trial? Assuming Donald Trump gets into office, he could stop the whole thing since he would ultimately in charge of the DOJ. Would Arpaio only need to survive until January??? Who knows?

  2. avatar
    Curious George May 28, 2016 at 9:34 am #

    For those people who have expressed disappointment that Birther Mike Zullo was not mentioned in the filings, there still is one path that may lead to a more thorough review of Zullo’s activities. The ACLU wants the court to consider perjury and obstruction of justice charges against Sheriff Arpaio for falsely testifying while under oath about his oversight of the “Seattle Operation.” This of course was the effort put together to discredit Judge Snow and his court. Mike Zullo was at the center of this project bringing various characters together for the purpose of investigating Judge Snow. If the Plaintiffs get what they are seeking from Judge Snow, I believe Mike Zullo’s will quickly become the focus of additional scrutiny in the months to come. I believe this episode isn’t over for posseman Zullo. Round two is about to begin.

  3. avatar
    Curious George May 28, 2016 at 9:52 am #

    john:
    I wonder how long it would take to actually go to a trial? Assuming Donald Trump gets into office, he could stop the whole thing since he would ultimately in charge of the DOJ. Would Arpaio only need to survive until January???Who knows?

    A highly unlikely scenario. That would be a slap in the face to all Latinos in America. Trump has said repeatedly that he loves the Latino voters. It wouldn’t make good political sense for Trump to insult the very people that Arpaio has abused. No John, the S.S Arpaio is sinking fast and is damaged beyond repair. Don’t be surprised to see Arpaio behind bars before the election. Judge Snow was a witness to direct contempt by Arpaio and Snow has the authority to lock old Joe up to make an example of his disrespect for the court. Keep dreaming John.

  4. avatar
    john May 28, 2016 at 10:18 am #

    Curious George:

    I do consider Arpaio a hero or crusader against the anti-immigration problem we have in this country. Arpaio tried his best to keep our border safe and the border down in AZ is a real problem. The fact that he racially profiled Latinos doesn’t bother me a whole lot since the border problem in based largely on that population. In fact I hate the idea of banning racial profiling. (I think it should be lifted, meaning racial profiling should be done.) Ironically, it was racial profile prohibition that allowed 911 to happen. While some believe nothing could have prevented 911, some believe that if racial profiling had been done, 911 would been prevented. Read this scary story on that: The man who could have stopped 911:
    http://www.nbcnews.com/id/7117783/ns/us_news-security/t/ticket-agent-recalls-anger-attas-eyes/#.V0moBfkrIdU

  5. avatar
    Curious George May 28, 2016 at 10:46 am #

    John:

    “I do consider Arpaio a hero or crusader against the anti-immigration problem we have in this country. Arpaio tried his best to keep our border safe and the border down in AZ is a real problem. The fact that he racially profiled Latinos doesn’t bother me a whole lot since the border problem in based largely on that population.”

    Arpaio used his Iillegal immigration campaign simply for political posturing and campaign fund raising. He appealed to rascists like you for donations to keep himself in office. The Melendres trial is exposing Arpaio for what he is, one who operates above the law, one who is dishonest under oath, and one who runs an abusive dysfunctional sheriff’s office.

  6. avatar
    alg May 28, 2016 at 11:09 am #

    Curious George:
    For those people who have expressed disappointment that Birther Mike Zullo was not mentioned in the filings, there still is one path that may lead to a more thorough review of Zullo’s activities.The ACLU wants the court to consider perjury and obstruction of justice charges against Sheriff Arpaio for falsely testifying while under oath about his oversight of the “Seattle Operation.”This of course was the effort put together to discredit Judge Snow and his court.Mike Zullo was at the center of this project bringing various characters together for the purpose of investigating Judge Snow. If the Plaintiffs get what they are seeking from Judge Snow, I believe Mike Zullo’s will quickly become the focus of additional scrutiny in the months to come.I believe this episode isn’t over for posseman Zullo. Round two is about to begin.

    Hard to say if this will be the case. I certainly hope so. For me the apparent attempt of obstruction of justice on Arpaio’s part deserves further investigation because embedded in the so-called “Seattle Operation” is a whole potpourri of malfeasance and illegal acts completely independent of the contempt proceedings.

  7. avatar
    J.D. Sue May 28, 2016 at 11:18 am #

    john: Assuming Donald Trump gets into office, he could stop the whole thing since he would ultimately in charge of the DOJ.

    —-

    Federal Rule of Criminal Procedure 42(a)(2): Appointing a Prosecutor. The court must request that the contempt be prosecuted by an attorney for the government, unless the interest of justice requires the appointment of another attorney. If the government declines the request, the court must appoint another attorney to prosecute the contempt.

  8. avatar
    bob May 28, 2016 at 12:32 pm #

    john: The fact that he racially profiled Latinos doesn’t bother me a whole lot since the border problem in based largely on that population

    Racial profiling as implemented by Arpaio violated the Fourth Amendment.

    john supports a law enforcement officer who intentionally the U.S. Constitution, contrary to the oath he took.

    john also supports a sworn law enforcement officer intentionally violating valid court orders and willfully lying under oath.

  9. avatar
    J.D. Sue May 28, 2016 at 12:36 pm #

    john: I hate the idea of banning racial profiling. (I think it should be lifted, meaning racial profiling should be done.)

    —-
    Then maybe you should start a petition to repeal the 4th Amendment to the Constitution.

  10. avatar
    Dave B. May 28, 2016 at 1:42 pm #

    Well of course it wouldn’t.

    john: The fact that he racially profiled Latinos doesn’t bother me a whole lot

  11. avatar
    Dave B. May 28, 2016 at 1:45 pm #

    Those are far from being the worst things John has come out in support of.

    bob: Racial profiling as implemented by Arpaio violated the Fourth Amendment.

    john supports a law enforcement officer who intentionally the U.S. Constitution, contrary to the oath he took.

    john also supports a sworn law enforcement officer intentionally violating valid court orders and willfully lying under oath.

  12. avatar
    Dr. Conspiracy May 28, 2016 at 2:20 pm #

    I’m forced to agree that we have a huge anti-immigration problem in this country.

    john: I do consider Arpaio a hero or crusader against the anti-immigration problem we have in this country.

  13. avatar
    CarlOrcas May 28, 2016 at 3:30 pm #

    john: The fact that he racially profiled Latinos doesn’t bother me a whole lot……………

    A third of Arizona’s legal population are Hispanics, john. Doesn’t it bother you than many of them were harassed by Arpaio’s illegal operations?

  14. avatar
    Dr. Kenneth Noisewater May 28, 2016 at 4:35 pm #

    Dave B.:
    Those are far from being the worst things John has come out in support of.

    I still can’t help but laugh when I asked him for the definition of jus soli and he blew it.

  15. avatar
    Northland10 May 28, 2016 at 5:19 pm #

    john: Arpaio tried his best to keep our border safe and the border down in AZ is a real problem.

    Man, you’re gullible. Arpaio doesn’t care about any immigrant issues. He only cares about getting support and donations.

    If they say the right words, you will follow them anywhere, without even checking if they are actually accomplishing anything (or trampling on the Constitution). You’re a propagandists dream.

  16. avatar
    Pete May 28, 2016 at 11:53 pm #

    I have some words for john, but if I say them, Dr Conspiracy would probably ban me. Or at least put me on moderation.

    Sad.

  17. avatar
    Lupin May 29, 2016 at 4:03 am #

    john: Ironically, it was racial profile prohibition that allowed 911 to happen. While some believe nothing could have prevented 911, some believe that if racial profiling had been done, 911 would been prevented.

    For argument’s sake, how so?

    With 20/20 hindsight + time travel, certainly. But at the time, remember that the hijackers were Saudi, George W Bush’s greatest friends. To kick them off a plane just because of skin complexion would have been truly unimaginable.

    .

  18. avatar
    Reality Check May 29, 2016 at 10:39 am #

    In the movie “The Joe Show” they showed that for the better part of his career Arapio didn’t give a hoot about immigration. It was only around 2005 that he figured out that it was an issue that played will with his base of white conservative voters.

    Northland10: Man, you’re gullible. Arpaio doesn’t care about any immigrant issues. He only cares about getting support and donations.

  19. avatar
    Reality Check May 29, 2016 at 10:42 am #

    Remember john is also the guy who said he would love to melt down Col. Roberts Medal of Honor because he dared testify against john’s hero Terry Lakin at Lakin’s court martial trial.

    Pete:
    I have some words for john, but if I say them, Dr Conspiracy would probably ban me. Or at least put me on moderation.

    Sad.

  20. avatar
    Reality Check May 29, 2016 at 10:51 am #

    Yeah, I think the big criminal contempt and perjury hammer is coming down on Joe very soon. It’s too bad Mike Zullo is such a bit player that he will probably skate. I woulld like to imagine a scenario where obstruction of justice charges are filed against Arpaio for investigating Judge Snow and including Zullo, Montgomery and Mackiewicz in the net but most of the legal brain trust think that will not happen.

  21. avatar
    CarlOrcas May 29, 2016 at 11:25 am #

    Reality Check:
    Yeah, I think the big criminal contempt and perjury hammer is coming down on Joe very soon. It’s too bad Mike Zullo is such abit player that he will probably skate. I woulld like to imagine a scenario where obstruction of justice charges are filed against Arpaio for investigating Judge Snow and includingZullo, Montgomery and Mackiewicz in the net but most of the legal brain trust think that will not happen.

    Once again Zullo shows himself to be so inept and ineffectual that he can’t even get himself brought up on charges. Bit player indeed!

  22. avatar
    Reality Check May 29, 2016 at 12:59 pm #

    Speaking of bit playing Zullo didn’t do much of a job of selling Judge Snow with his emotional performance on the witness stand did he? “Oh no your Honor. We weren’t investigating you. No way.”

    CarlOrcas: Once again Zullo shows himself to be so inept and ineffectual that he can’t even get himself brought up on charges. Bit player indeed!

  23. avatar
    Curious George May 29, 2016 at 1:02 pm #

    Reality Check:
    Yeah, I think the big criminal contempt and perjury hammer is coming down on Joe very soon. It’s too bad Mike Zullo is such abit player that he will probably skate. I woulld like to imagine a scenario where obstruction of justice charges are filed against Arpaio for investigating Judge Snow and includingZullo, Montgomery and Mackiewicz in the net but most of the legal brain trust think that will not happen.

    We shall see what the court has to say on Tuesday. I think that posseman Zullo may not be out of the web. But, if things do get tough for him, he can always call for assistance from Honorary Special Deputy, Carl Gallups. I wonder, has Gallups flashed his pretend badge to anyone in Milton, Florida recently?

  24. avatar
    CarlOrcas May 29, 2016 at 1:18 pm #

    Curious George: I wonder, has Gallups flashed his pretend badge to anyone in Milton, Florida recently?

    Only to himself…..in his bathroom mirror.

  25. avatar
    CarlOrcas May 29, 2016 at 1:19 pm #

    Reality Check:
    Speaking of bit playing Zullo didn’t do much of a job of selling Judge Snow with his emotional performance on the witness stand did he? “Oh no your Honor. We weren’t investigating you. No way.”

    The way it’s going I’m beginning to think Zullo may not even make it in the footnotes of this tawdry little tale.

  26. avatar
    bob May 29, 2016 at 3:41 pm #

    Curious George: Gallups. I wonder, has Gallups flashed his pretend badge to anyone in Milton, Florida recently?

    I regularly listen to “Freedom Friday.” (I can stop anytime!) Gallups has not mentioned one word about the judge’s findings, the plaintiffs’ request for a criminal referral, etc.

    Gallups has conveniently forgotten all about Arpaio and Zullo.

  27. avatar
    Curious George May 29, 2016 at 4:18 pm #

    FLASH!!! GIL will make a guest appearance at the May 31, Arpaio hearing. Will attend court and address reporters on the court house steps. This ought to be good. Another EPIC fail on the horizon?

    http://www.larryklayman.com/article.php?id=9

  28. avatar
    Curious George May 29, 2016 at 4:20 pm #

    bob: I regularly listen to “Freedom Friday.”(I can stop anytime!)Gallups has not mentioned one word about the judge’s findings, the plaintiffs’ request for a criminal referral, etc.

    Gallups has conveniently forgotten all about Arpaio and Zullo.

    As far as I can tell, neither has Volin or Birther Report. Really great sources for news right?

  29. avatar
    Dr. Conspiracy May 30, 2016 at 8:26 am #

    I left a comment at BR.

    Curious George: As far as I can tell, neither has Volin or Birther Report.

  30. avatar
    Curious George May 30, 2016 at 12:58 pm #

    Dedicated to Sheriff Joe Arpaio and his hearing in U.S. District Court tomorrow:

    https://m.youtube.com/watch?v=XcYsO890YJY

  31. avatar
    Dr. Conspiracy May 30, 2016 at 8:38 pm #

    For the last couple of days, the tune Barbara Allen has been stuck in my head. I have written a verse to that tune for tomorrow:

    I say it’s fit
    For Joe to go
    And spend time in the pokey.
    To me Judge Snow
    I hope that you
    Will answer okie dokie.

  32. avatar
    Dr. Conspiracy May 30, 2016 at 10:30 pm #

    I have been working on a Ballad of the Birthers to that tune. Here’s an early draft:

    Ballad of the birthers
    To the tune of Barbara Allen

    Oh I will sing a birther song
    E’en tho’ their ranks be wanin’
    To generations yet unborn
    Their likes may need explainin’.

    It started oh so small enough,
    A website spawned the mania.
    And emails flew across the net
    That said he came from Kenya.

    And then a birth certificate
    Obama did not hide it.
    To birthers though t’was not enough
    They worked hard to deny it.

    A lawyer Philip Berg by name
    He filed a fed’ral lawsuit.
    He based it on grandmother’s tape
    But standing made his case moot.

    Phil tried again, and with no luck
    He tried as interpleader.
    He crossed the bar and lost his way
    And now he drives for Uber

    And next in line is Orly Taitz
    She came here from Moldova.
    She assisted Garry Kreep
    And then his case took over.

    The birthers got their day in court
    And they were so elated
    But then they lost to an empty chair
    The decision soon vacated.

    A new picked team was on the case
    T’was called the Cold Case Posse
    Investigate for Sheriff Joe
    The immigration Nazi.

    The group they chose was headed by
    The used car salesman Zullo.
    He fabricated table codes.
    His evidence was zero.

    The time has come For Joe to Go
    And spend time in the Pokey.
    To me Judge Snow I hope that you
    Will answer “okie dokie.”

    And so my son the tale is done,
    The saga of the birthers.
    In history they have their place.
    It’s next to the flat-earthers.

    Dr. Conspiracy: Barbara Allen

  33. avatar
    Curious George May 31, 2016 at 12:33 am #

    The latest Klayman motion to intervene:

    https://www.scribd.com/doc/314317703/Montgomery-Appeal-15-16626-47-Montgomery-Supp-Brief

  34. avatar
    Keith May 31, 2016 at 12:55 am #

    Curious George:
    Dedicated to Sheriff Joe Arpaio and his hearing in U.S. District Court tomorrow:

    https://m.youtube.com/watch?v=XcYsO890YJY

    Ah… I like that. The sentiment is perfect.

    Roy had a great voice and actually knew how to sing (too different things). His phrasing and diction was always perfect for the song. He got lots of good training when he was in the Sons of the Pioneers. I think Roy shoulda stayed out of the movies and concentrated on his music; Leonard Slye (Roy’s real name) coulda been a lot bigger that Jackass Boone, IMHO.

    Dale’s voice was a bit of a softer Ethel Merman in a way. She didn’t always hit the right note, but she hit them confidently, and her phrasing was good. She’s an example of someone with not a great voice but who knows how to sing and was happy to get the most out of what she had.

    The world of music is littered with great singers with lousy voices; Bob Dylan, Louis Armstrong, Tom Waits, Sippie Wallace, the aforementioned Ethel Merman.

  35. avatar
    Curious George May 31, 2016 at 7:31 am #

    It’s D-Day for the shores of Arpaio!

  36. avatar
    Pete May 31, 2016 at 1:07 pm #

    Reality Check: Remember john is also the guy who said he would love to melt down Col. Roberts Medal of Honor because he dared testify against john’s hero Terry Lakin at Lakin’s court martial trial.

  37. avatar
    Pete May 31, 2016 at 1:09 pm #

    bob: I regularly listen to “Freedom Friday.” (I can stop anytime!)

    Sure.

  38. avatar
    Arthur B. May 31, 2016 at 3:26 pm #

    We’re getting our first indications of how Snow will deal with the thorny question of the bogus IA investigations:

    Stephen Lemons ‏@stephenlemons 5m5 minutes ago

    Snow wants monitor to “monitor all internal affairs investigations.”Those voided in his recent ruling will be done over #ArpaioContempt

    Stephen Lemons ‏@stephenlemons 2m2 minutes ago

    Chief Deputy Sheridan and all command staff involved in redo investigations would be subject to MCSO disciplinary matrix #ArpaioContempt

    Stephen Lemons ‏@stephenlemons 47s47 seconds ago

    Matrix wld apply 2 future investigations involving command and if matrix calls for termination, they will be terminated #ArpaioContempt