Arpaio investigation ends, No indictments, Lack of evidence, Four year FBI criminal investigation and grand jury probe ends

Arpaio investigation ends, No indictments, Lack of evidence, Four year FBI criminal investigation and grand jury probe ends

“If I did something wrong, there would be indictments floating all over the place,”…Sheriff Joe Arpaio

“Before the Hate had proceeded for thirty seconds, uncontrollable exclamations of rage were breaking out from half the people in the room.”
“the sight or even the thought of Goldstein produced fear and anger automatically.”
“He was an object of hatred more constant than either Eurasia or Eastasia.”
“There were also whispered stories of a terrible book, a compendium of all the heresies”
“In it’s second minute the Hate rose to a frenzy. People were leaping up and down in their places and shouting at the tops of their voices”… George Orwell “1984″

From AZ Central August 31, 2012.

“Feds shut down criminal investigation of Arpaio, Thomas; no charges to be filed”

“Federal prosecutors closed an exhaustive four-year FBI criminal investigation and grand-jury probe targeting Maricopa County Sheriff Joe Arpaio, former County Attorney Andrew Thomas and their top deputies, saying there will be no indictments.

Ann Birmingham Scheel, acting on behalf of U.S. Attorney John Leonardo, announced the decision in a three-paragraph news release distributed at 5 p.m. Friday. Neither she nor anyone else from the office was available to comment.

However, in a letter to Maricopa County Attorney Bill Montgomery, Scheel listed the allegations that were investigated — civil-rights violations, misuse of public money, perjury — and said prosecution was declined because of a lack of evidence or an insurmountable burden of proof.

Arpaio, a Republican who is running for a sixth term in November, said he anticipated the outcome: “I never had any doubt. … Once again, I send my appreciation to the federal government for their hard work in clearing my office.

“If I did something wrong, there would be indictments floating all over the place,” Arpaio said.

Paul Penzone, Arpaio’s Democratic challenger, said the outcome is hardly vindication, nor does it exonerate Arpaio for “lost dollars, failed investigations and at best questionable practices.”

“This is not something that law enforcement should celebrate, it’s something of great concern,” said Penzone. “There are obvious failings in the Sheriff’s Office. The fact that they did not rise to a level of criminal indictment does not lessen that they are failings.”

Thomas, who resigned as county attorney and was later disbarred for ethical misconduct, issued a written statement saying, “The Justice Department acknowledged the obvious: A jury of citizens simply would not indict a prosecutor who had done his job. … The real losers in the political witch hunt that just ended are the people of Arizona. Prosecutors no longer attempt to fight corruption or illegal immigration in Arizona because they fear being targeted and disbarred.”

In her letter to Montgomery, Scheel said the “comprehensive investigation” failed to uncover sufficient evidence for criminal charges, which require a judge or jury to find defendants guilty beyond reasonable doubt.

She emphasized that her inquiry has no bearing on a racial-profiling case filed against the Sheriff’s Office in May by the Justice Department’s Civil Rights Division. A verdict in that case, which focuses on alleged discriminatory practices in county jails and in sweeps aimed at undocumented immigrants, would be based on the civil standard, a preponderance of evidence, rather than more rigorous “beyond a reasonable doubt” standard used in criminal cases.

Mitchell Rivard, a DOJ spokesman, echoed that point. “The announcement of the U.S. Attorney of the closure of the criminal case has nothing to do with the civil case that the department has brought,” he said.

The federal investigation began in 2008 after former Phoenix Mayor Phil Gordon and other local officials expressed concerns about Arpaio abusing his power to the local FBI head. Nearly two years later, the probe expanded when, at the request of Maricopa County Supervisors, the federal agents were cross-deputized to investigate potential state crimes. Among the issues investigated and the prosecutorial conclusions:

Credit cards: County supervisors sought a probe of possible misuse of so-called P Cards used by members of the Sheriff’s Office. Scheel said investigators found “no evidence or allegation of MCSO employees stealing county funds,” although financial records indicated expenditures were not properly documented.

Jail funds: County supervisors reported evidence that the Sheriff’s Office was using up to $84 million earmarked for jails to pay expenses and salaries not related to the detention program. Scheel said because there was no evidence that any sheriff’s employee personally profited from the “misspending,” prosecutors would not be able to prove criminal intent.

Perjury: Thomas and one of his attorneys, Lisa Aubuchon, were accused of committing perjury when they asked a sheriff’s official to swear out a complaint accusing Superior Court Judge Gary Donahoe of hindrance, obstruction and bribery in an attempt to prevent him from holding a hearing tied to the appointment of special prosecutors to work county corruption cases. Though the state Bar disbarred Thomas and Aubuchon, Scheel said federal prosecutors would not be able to prove they knowingly lied in the court papers.

Civil-rights violations: Scheel concluded that it “is not enough to show that Judge Donahoe was subjected to conduct that was abusive or even unconstitutional” because the Justice Department also would have to show beyond reasonable doubt that Thomas and Aubuchon specifically intended to violate his rights.

Scheel said investigators also considered charges against Thomas and Aubuchon for depriving Donahoe of his profession or livelihood, but could not meet “the heavy burden of proof necessary to obtain a criminal conviction.”

Moreover, Scheel suggested, civil court and the state Bar are appropriate venues to deal with Thomas’ alleged abuse of power for political purposes. “The criminal process is not the proper vehicle to address the conduct that (was) brought to our attention.”

Reaction to the decision was swift and furious.

A spokesman for the Arizona Republican Party, on behalf of chairman Tom Morrissey said, “It is good to see this witch hunt has come to an end. I find it bizarre when a man is hounded for doing his job by those who refuse to do theirs.”

However Colorado attorney John Gleason, who conducted the ethics investigation of Thomas and Aubuchon for the state Bar, said he was disappointed in federal prosecutors.

“We believe that the work that we did and the testimony that was presented presents a strong case that crimes were committed,” he said.

Aubuchon expressed relief that the probe was over: “I’m glad they understand what perjury is — unlike the Bar witch hunt that ensued — and that they realized that this was just disagreement about the charges.”

Randy Parraz, head of Citizens for a Better Arizona, which launched a “Joe’s Got to Go” campaign to defeat Arpaio in November, said he was disappointed in the outcome.

“People’s lives have been damaged and hurt and violated by the sheriff, and it is unfortunate that they are going to walk away and not pursue any of these things,” he said. “It sends the wrong message that they haven’t done anything wrong, which serves him (Arpaio) well in an election year.”

In addition to the still outstanding Justice Department civil-rights complaint, the Sheriff’s Office faces a lawsuit filed by Manuel de Jesus Ortega Melendres, a Mexican tourist who was arrested and detained for nine hours while visiting the U.S. legally. Melendres’ allegation of racial profiling became a class-action lawsuit covering every Latino driver stopped by sheriff’s deputies in the past five years. Plaintiffs and defendants submitted closing arguments earlier this month, but U.S. District Judge Murray Snow has not yet reached a verdict.

Arpaio and Thomas also were defendants in 10 federal lawsuits filed by elected county supervisors, county administrators and retired judges, four of which are still pending.

The lawsuits stemmed from so-called government-corruption investigations in 2008 and 2009 by the sheriff and prosecutor, who had filed criminal cases and a federal racketeering lawsuit against the officials. Plaintiffs claim they were wronged by those investigations and charges.

Five plaintiffs obtained settlements ranging from $75,000 and $500,000 each.

A $975,000 settlement for county Supervisor Mary Rose Wilcox remains in dispute and has not yet been paid. If the court approves her settlement amount, the final payment would be well over $1 million with attorney’s fees and interest.

Lawsuits filed by Donahoe, Supervisor Don Stapley, Deputy County Manager Sandi Wilson and businessman Conley Wolfswinkel remain unresolved.

As of April, Maricopa County had spent at least $3.2 million in litigation costs and settlements relating to these federal lawsuits, according to a Republic analysis of county spending.

Wilcox expressed shock at the U.S. attorney’s decision, stammering for words. “I can’t believe it. I can’t imagine why they would do that, when there’s so much evidence there, particularly from the Thomas case,” she said. “I just am floored.”

Retired Maricopa County Superior Court Judge Barbara Mundell said that a 2009 civil racketeering suit brought against her by Arpaio and Thomas was meant to “intimidate, harass, discredit and humiliate.” Mundell, who settled her counter-lawsuit for $500,000 earlier this year, declined comment on the U.S. attorney’s decision.

Former Maricopa County Attorney Rick Romley, who came out of retirement briefly to replace Thomas, worked with the U.S. Attorney’s Office on the case, providing them records and access to key witnesses.

Romley said he was “truly puzzled” by the decision not to prosecute. “To say there was insufficient evidence, with the amount of information that we sent their way, sends a horrible message.”

Susan Schuerman, executive assistant to Maricopa County Supervisor Don Stapley, suggested the decision is an injustice to all who see themselves as victims of an abuse of power by the sheriff.

“Having lived through this and witnessed all of these outrageous behaviors … I’m shocked that no charges would be brought,” she said. “It’s all politics. I think this is bigger than they are (the Justice Department). I think the Justice Department was inept in their handling of this, and I have almost no faith left.””

44 responses to “Arpaio investigation ends, No indictments, Lack of evidence, Four year FBI criminal investigation and grand jury probe ends

  1. Good Morning CW, et. al. – This is good news about Arpaio.

  2. Good morning Zach, et al.

  3. Good Morning All; This is good news for everyone…even thought the feds are very good at prosecuting fiticious charges, this is indictment would have cost them their own credibility internationally. Which they could not afford, especially in an election year. Remember what Rezko said, “they indicted me on criminal acts I did NOT commit and did NOT charge me with crimes I did commit”…lets face it the feds really could indict a “ham sandwich” if they wanted to, look at the artful form they did with both Blagojevich trials by protecting Obama and prosecuting Rod at the same time…I never doubted Arpaio was being politically targeted, that is stressfull for anyone, even a saint…This DOJ and the people for work for them should be ashamed of their leadership, their credibility has suffered under it.

  4. Sorry for all the typo’s and misspelled words, I have not yet had my coffee.

  5. Looks like DNC whether will be hot and humid. I wonder if the Occupy folks will get their anger on with the heat?

  6. The charges against Arpaio were a smoke screen to distract from his investigation. Now that the media have successfully blacked out the news and instead discredited Arpaio as a birther, Obama feels he no longer needs to pursue him. If he did and Arpaio was taken to court, some of his investigation could make its way into the record and O doesn’t want that.

  7. Mr. Bill(ms. helga)

    CW – From your article –

    “Retired Maricopa County Superior Court Judge Barbara Mundell said that a 2009 civil racketeering suit brought against her by Arpaio and Thomas was meant to “intimidate, harass, discredit and humiliate.” Mundell, who settled her counter-lawsuit for $500,000 earlier this year, declined comment on the U.S. attorney’s decision.”

    THAT SAYS IT ALL – Our Legal system is corrupted to the core.

  8. Mr. Bill(ms. helga)

    PS – For all those who said Paul Ryan lied about the GM plant in Janesville, here is the whole story –

  9. The so called Fact Checkers all support Obama so we should not be surprised they would try to paint Ryan, Romney and all conservatives as liars.

    Accuse your opponents of what you do.

  10. Mr. Bill(ms. helga)

    Check this out –

    “Al Gore calls for an end to the Electoral College”


  11. Philo-Publius | September 1, 2012 at 10:08 am |

    Philo, they’re not fact checkers. They’re fact chuckers!

  12. Mr. Bill(ms. helga)

    “Democracy – Two wolves and a lamb deciding on what to have for lunch. Freedom – a well armed lamb helping them to make the right decision!” – Benjamin Franklin

  13. Sheriff Arpaio Fed Investigation Ends

    Sheriff Joe is one of my heroes among LtC Lakin, Orly Taitz, Arppuzzo and others. Sheriff Joe’s power over the Feds is that he plays it straight by the book. He is truly an honest man. There is nothing more this government hates than an honest man. They have nothing with which to control him but honesty. Honesty doesn’t exist in the Feds war chest.

  14. An email I received.
    Quit trashing President Obama’s accomplishments. He has done more than any other President before him. He has an impressive list of accomplishments :

    First President to apply for college aid as a foreign student, then deny he was a foreigner.
    First President to have a social security number from a state he has never lived in.
    First President to preside over a cut to the credit-rating of the United States
    First President to violate the War Powers Act. .
    First President to be held in contempt of court for illegally obstructing oil drilling in the Gulf of Mexico .
    First President to require all Americans to purchase a product from a third party.
    First President to spend a trillion dollars on ‘shovel-ready’ jobs when there was no such thing as ‘shovel-ready’ jobs.
    First President to abrogate bankruptcy law to turn over control of companies to his union supporters.
    First President to by-pass Congress and implement the Dream Act through executive fiat.
    First President to order a secret amnesty program that stopped the deportation of illegal immigrants across the U.S. , including those with criminal convictions.
    First President to demand a company hand-over $20 billion to one of his political appointees.
    First President to tell a CEO of a major corporation (Chrysler) to resign.
    First President to terminate America ‘s ability to put a man in space.
    First President to cancel the National Day of Prayer and to say that America is no longer a Christian nation.
    First President to have a law signed by an auto-pen without being present.
    First President to arbitrarily declare an existing law unconstitutional and refuse to enforce it.
    First President to threaten insurance companies if they publicly spoke-out on the reasons for their rate increases.
    First President to tell a major manufacturing company in which state it is allowed to locate a factory.
    First President to file lawsuits against the states he swore an oath to protect (AZ, WI, OH, IN).
    First President to withdraw an existing coal permit that had been properly issued years ago.
    First President to actively try to bankrupt an American industry (coal).
    First President to fire an inspector general of Ameri-Corps for catching one of his friends in a corruption case.
    First President to appoint 45 czars to replace elected officials in his office.
    First President to surround himself with radical left wing anarchists.
    First President to golf 73 separate times in his first two and a half years in office, 102 to date.
    First President to hide his medical, educational and travel records.
    First President to win a Nobel Peace Prize for doing NOTHING to earn it.
    First President to go on multiple global “apology tours” and concurrent “insult our friends” tours.
    First President to go on 17 lavish vacations, including date nights and Wednesday evening White House parties for his friends paid for by the taxpayer.
    First President to have 22 personal servants (taxpayer funded) for his wife.
    First President to keep a dog trainer on retainer for $102,000 a year at taxpayer expense.
    First President to repeat the Holy Quran & tell us the early morning call of the Azan (Islamic call to worship) is the most beautiful sound on earth.
    First President to tell the military men and women that they should pay for their own private insurance because they “volunteered to go to war and knew the consequences”.
    Then he was the First President to tell the members of the military that THEY were UNPATRIOTIC for balking at the last suggestion.
    First President to side with a foreign nation over one of the American 50 states (Mexico vs. Arizona).
    How is this hope and change working out for you? THERE’S AN ELECTION COMING UP…I HOPE YOU REMEMBER THIS LIST WHEN YOU VOTE!

  15. On a previous thread referring to Obama’s “sorry Arse Campaign”, I mentioned the DND was so desperate to fill seats they invited 20,000 Muslims. It appears I am not the only one to find that action peculiar.

    Oh, NOES! Where goeth the two-hour Islamic prayer fest at the Democratic National Convention? (ORIGINAL STORY: MUSLIM JUMAH AT THE DNC)
    “Not only has all trace of the Jumah been deleted from the DNC website, the Jumah was slated to be held today, far from the DNC, at a location seven miles from the Convention Center.”

    How strange is this? First the turds announce the big Muslim invite and welcome now it can’t be found any where!

  16. Bob Strauss,
    Thank you for posting the list of mr. Soetero’s firsts. He is despicable in every way.

  17. Mr. Bill(ms. helga)

    Meanwhile – Back At The Raunc –

    “Former Dem. Hill Staffer and Obama Admin. Official Accused of Drugging and Sexually Assaulting Women”,+36&num=10&hl=en&biw=1280&bih=639&tbm=isch&tbnid=_g0OEm0IbUDxVM:&imgrefurl=,r:0,s:0,i:73

  18. DNC activists promise bigger crowds than Tampa
    CHARLOTTE, N.C. Protesters planning rallies and marches in Charlotte say their actions during the Democratic National Convention will likely dwarf those in Tampa, where thousands of demonstrators were expected but only hundreds showed up to the rain-drenched Republican National Convention.
    A cross-section of people representing 90 groups planning to demonstrate during the DNC said they plan to bring their “Enough is Enough” messages to Charlotte starting Saturday. Friday’s press conference took place at the NoDa office that has become the headquarters for many protesters in Charlotte.
    The Charlotte weather forecast calls for hot temperatures, but mostly clear skies. In Tampa, Hurricane Isaac washed out the first day of the protests and intermittent rain throughout the week frustrated the efforts of protesters.

    I hope they ruin the DemoRat Party

  19. Mr. Bill(ms. helga)

    Sorry – Go to Google “images” and type in “Donny Ray Williams Jr.” Google and the Democrat Party are getting chummy!

  20. Mr. Bill(ms. helga)

    PS – The state of California just signed a bill allowing Google to allow their new self driving cars to operate in their state.

  21. I think I have it figured out!

    The federal investigators of Arpaio, got together with the Maricopa county investigators of the usurper, and they concluded, the federal investigators were operating illegally, because the usurper in the White House is not Constitutionally eligible to be President, and as a result, the investigation against Arpaio had to be called off.

    Oh, I forgot, these people are above the law. My bad.

  22. The Feds (IRS, Justice Dept, EPA, FBI, CIA) have been reduced to political hacks for the Dems. You have to wonder what payback going to look like, but I can promise everyone whom bothers to read this one thing. The degeneration of the Federal Government, power usurping, and bullying has nearly destroyed the republic. Obama has truly done more damage than any POTUS in history now, the Democrats can truly be proud. We need some moral, god fearing people, to repopulate Congress and the White House, or it’s just going to get uglier. Further, We the People need the truth about the last administration and the media shoved into our faces everyday for another decade at least. Obama attack makes 911 and Pearl Harbor look small in the damaged inflicted.

  23. Soldiers’ response to Obama at Ft. Bliss is flat/silence. I saw some of this yesterday. You know it’s bad when the marxstream media cuts its coverage of their emperor short: too embarrassing to watch….

  24. Protesters Promise Big Crowds in Charlotte, NC!

    Since Charlotte is holding the DNC Convention and not the RNC, they must have more grievances with Obama’s style of government than the Republicans. Isn’t that a laugh for the paid protestors of Occupy and also for Obummer and his Dems?

  25. Sad and ignorant and dangerous:

    Jumah prayer prior to the 2012 DNC goes off without a hitch or disruption

    Much of the controversy regarding the Charlotte event comes from other Muslim leaders who believe that radicals who embrace Islamist supremacy are behind the Jumah. Dr. M Zudhi Jasser, president of the American Islamic Forum for Democracy, and a devout Muslim, says the beliefs of Hough and his group are potentially dangerous.

    Hough’s mosque, the Islamic Center of Charlotte, is owned by a Muslim Brotherhood group, the North American Islamic Trust (NAIT).

    Jibril Hough, organizer of Jumah Charlotte
    “Muslims visited America prior to Columbus. It was a Muslim who guided Columbus on his voyage to the new world,” Hough said during his comments at the Jumah.

    It was also announced that a larger Jumah is scheduled for Charlotte in October during another three-day weekend event in which Minister Louis Farrakhan will participate.

  26. observer | September 1, 2012 at 2:10 pm |
    Soldiers’ response to Obama at Ft. Bliss is flat/silence. I saw some of this yesterday.
    Observer, I saw several clips also and was stunned over the sullen look on the faces of our military. Talk about “dead-pan”……I think they just can’t help but show their disdain for the Usurper-in-Chief.

  27. usapatriots-shout | September 1, 2012 at 2:18 pm |
    It is indeed a laugh that the Dems’ pets are going to turn on them. Poetic justice?

  28. That’s the way evil works……There is no honor among thieves. Talk about biting the hand that feeds ya’?

  29. The baby killing convention… wonder they say no kids allowed…..there probably aren’t that many and so they would only be embarrassed:

    Women speakers at RNC vs. DNC: Compare & contrast

  30. Mr. Bill(ms. helga)

    Alias – The Imposter

  31. Mr. Bill(ms. helga)

    PS – That’s how they stole the last election!!

  32. Mr. Bill(ms. helga)

    PPS – Free food, Free concerts, Free accommodations and Free travel.
    I think it is called “Bribery”.
    Have a nice day.

  33. Mr. Bill(ms. helga)

    And now this just in –

    “Rains wash away Mount Obama in Charlotte, N.C.”

  34. Hahahaha…as they called it in ancient Greece

    Mount Narcissius

  35. Narcissius and Bidenopolis

  36. Mr. Bill(ms. helga) | September 1, 2012 at 5:55 pm |

    Idols made of sand? Greek columns made of Styrofoam?

    Libs are totally spiritually morally bankrupt.

    I pity them.

  37. I mean even our pagan ancestors built their idols out of stone, or even sometimes precious metal… but sand and styrofoam?

  38. A little Indian brave who before he was ten,
    Played war games in the woods with his Indian friends
    And he built up a dream that when he grew up
    He would be a fearless warrior Indian Chief
    Many moons past and more the dream grew strong until
    Tomorrow he would sing his first war song and fight his first battle
    But something went wrong, surprise attack killed him in his sleep that night

    And so castles made of sand melts into the sea, eventually

    Jimi Hendrix, Castles Made of Sand


    Thanks to Clint Eastwood, the “You didn’t build that” empty suit has just won a new name for himself—“THE EMPTY CHAIR,” he so quickly claimed was his after he either saw or heard Eastwood’s speech at the RNC.

    “THAT CHAIR IS MINE” he shouted to the press. Since Clint had only an empty chair as a prop with him on stage, the narcissist could only have been referring to Mr Eastwood’s EMPTY CHAIR and not the presidential chair the press pictured. This may be prophetic. Let’s hand Barry the empty chair used by Mr Eastwood on stage Nov.6, 2012.

  40. Cabby Ariz.

    Remember: He who laughs last, laughs best. Our greatest effort is yet to come. It looks to me a whole lot more people have awakened since we began blogging here over three years ago.

  41. Political Commentary Cartoon

    “Focusing On The Economy Is RACIST!!

    By Chip Bok – September 01, 2012


    Political Commentary Cartoon

    “Don’t Forget!! We’ll Have More UNBIASED Convention Coverage Next Week!!”

    Scroll down the page to see more political commentary & editorial cartoonist’s you may want
    to see.

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