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.”
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?
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.
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
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.
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.
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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.
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.
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Then maybe you should start a petition to repeal the 4th Amendment to the Constitution.
Well of course it wouldn’t.
Those are far from being the worst things John has come out in support of.
I’m forced to agree that we have a huge anti-immigration problem in this country.
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?
I still can’t help but laugh when I asked him for the definition of jus soli and he blew it.
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.
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.
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.
.
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.
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.
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.
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!
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.”
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?
Only to himself…..in his bathroom mirror.
The way it’s going I’m beginning to think Zullo may not even make it in the footnotes of this tawdry little tale.
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.
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
As far as I can tell, neither has Volin or Birther Report. Really great sources for news right?
I left a comment at BR.
Dedicated to Sheriff Joe Arpaio and his hearing in U.S. District Court tomorrow:
https://m.youtube.com/watch?v=XcYsO890YJY
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 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.
The latest Klayman motion to intervene:
https://www.scribd.com/doc/314317703/Montgomery-Appeal-15-16626-47-Montgomery-Supp-Brief
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.
It’s D-Day for the shores of Arpaio!
Sure.
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