Decision not to charge Ariz. sheriff isn't the end

Maricopa County Sheriff Joe Arpaio announces July 17, 2012, in Phoenix that President Obama's birth certificate, as presented by the White House in April 2011, is a forgery based on an investigation by Arpaio's office. / AP Photo

(AP) PHOENIX - The federal abuse-of-power investigation into America's self-proclaimed toughest sheriff may have been closed without criminal charges but Maricopa County Sheriff Joe Arpaio's legal troubles are far from over.

A civil case brought by a small group of Latinos who accuse Arpaio's office of systematically racially profiling is awaiting a verdict from an Arizona-based federal judge.

The U.S. Department of Justice has also sued the sheriff for alleged constitutional violations including racial profiling, retaliating against Arpaio critics, punishing Latino jail inmates with limited English skills for speaking Spanish and failing to adequately investigate a large number of sex-crimes cases. No trial date in that case has been set.

Feds close criminal investigation on Ariz. sheriff

The Justice Department announced late Friday that it would not pursue criminal charges against the sheriff or his office, or against former Maricopa County top prosecutor Andrew Thomas and a top Thomas aide, Lisa Aubuchon, for abuse of power.

Thomas and Aubuchon were disbarred by the state Supreme Court earlier this year after an ethics panel decided they brought criminal charges against two county officials and a judge in December 2009 with the purpose of embarrassing them. The cases were investigated by Arpaio's now-closed anti-public corruption squad.

Thomas was a longtime Arpaio ally.

Authorities were investigating Arpaio for his part in failed public corruption cases against officials who were odds with him. The sheriff brought cases against a judge and two county officials in 2009 and Thomas prosecuted them.

Federal authorities also said Friday that they have decided to not prosecute matters tied to alleged misuse of county credit cards by sheriff's officials, alleged misspending of jail-enhancement funds and other matters.

The yearslong probe by the FBI and federal prosecutors into Arpaio, Thomas and their offices began during the tenure of President George W. Bush, although Arpaio, a fellow Republican, has since called it politically motivated since.

"If I did something wrong there would be indictments floating all over the place," Arpaio said at a news conference called late Friday night. "I'm not going to get into all the details whether it's political, a witchhunt or whatever you have. The bottom line is we were cleared and we should stay with that and not get into all the politics involved."

Arpaio critics reacted with dismay to the decision not to seek criminal charges, saying they had hoped the Justice Department would finally act against what they call an out-of-control sheriff's office.

"It's an understandable reaction," said Paul Charlton, a former U.S. attorney in Arizona who has worked for one of the county supervisors who was charged. "I can see how after so many years and so much misconduct by Joe Arpaio you would have that feeling.

Charlton said prosecutors had to measure the likelihood of proving any criminal case beyond a reasonable doubt.

"You have to have a reasonable likelihood of success and I trust they made this decision based upon the facts and the law."

But the sheriff will have a different challenge in the civil cases he now faces.

"As a practical and a legal matter it means nothing," Charlton said of the decision not to pursue criminal cases. "This is a different venue and a different standard of proof. It is one that many of Joe Arpaio's critics, including myself, would have liked to have seen come out differently.

"But the end of Joe Arpaio's legal troubles is a long, long way away. He already has lost many legal fights. He has been found to have committed significant misconduct, not the least of which was the finding in the state bar proceeding regarding Andrew Thomas. And I think we will see more of those findings in the future."

Arpaio, 80, is seeking re-election to a sixth term in November. He has a multi-million dollar campaign account on hand to repel two challengers seeking his seat.

[Chocolate_Rivers]

JOE ARPAIO FOR PRESIDENT OF THE UNITED STATES. CLINT EASTWOOD FOR VP. WHAT A TICKET!

[Chocolate_Rivers]

Sounds like the DOJ is going after public officials whom THEY don't like too! So funny that the charges against Arpaio sound just like what the Department of Injustice is doing to Arpaio!

[famoustwo]

Remember that charges filed by the U. S. Justice Department against Arpaio were initiated by the Bush Administration. The Obama Administration continued the investigation until it found that the case before a Court would be too close to call.

The Justice Department was aware of the impending civil action against the Arpaio, so there was no need to pursue the matter. A civil action has a lower standard of proof, and will ultimately bankrupt the sheriff due to excessive legal fees.

[Lindag20]

by TheFoundersLive September 2, 2012 10:41 AM EDT
Nonsensical posts.
---------------
Hi Mortar. You're defending the sheriff now? I know he's popular among the christian right because he mistreats his prisoners and targets those they despise so it figures.

[ammo17]

how long do you think joe will have to wait until he gets an apology from obama and eric older.maybe holder should go after roger clemens.how many wal street people are in jail for pulling the biggest ponzi scam on this country?ans.:none how many people have been thrown out of their homes because of the biggest ponzi scheme in our country `s history?ans.:none wh6y isn`t holder being indicted for the murder of two american border patrolmen,and probably thousands of innocent mexican citizens?ans:presidental power why isn`t eric holder and the a.t.f. being prosecuted for giveing aid to the drug cartels over 2000 assault weapons,we are at war with the drug cartels,TREASON!ans.presidential power.

[Chocolate_Rivers]

Maybe Arpaio should have a beer summit with Obama because Obama and the DOJ are "acting stupidly" .. haha Joe Arpaio for President!

[tsigili]

The subversive Democratic Party will do everything possible to stop anyone from interfering with the flow of illegal immigrants into this country.

Their intent is two fold:

They support the running of drugs into America, using these illegal immigrants to run those drug operations within our own borders.

They want those illegal immigrants to vote, and to vote for the democratic Party, to make it impossible for any other political party to challenge them. They want a de facto dictatorship in America.

This news media is being controlled by the Democratic Party, and this media is controlling what the public sees and hears, and this network has become a propagandist organization, supporting the subversive Democratic Party.

Wake up America.

[mjc1357]

Arpaio is a criminal and I hope he dies in pink panties!

[mjc1357]

Maybe Jan Brewer could visit him in Jail.

[TheFoundersLive]

Nonsensical posts.

[bigbadbillify]

When is ERIC HOLDER GOING TO BE INVESTIGATED ??????????????????? Where is the outrage and why are people that claim to represent America in their REPORTING ,( CBS , NBC , ABC ) NOT ALL OVER THIS ????????????? Instead they are all over Arpaio . And then they say Arpaio not out of the woods yet !! Give it up ! This election in November is also an indictment on the press and their unfair bias .BTW ITS NOT EVEN GOING TO BE CLOSE !!!!! Obama we are adding you and Michelle to your bad job numbers !

[mjc1357]

you sir are a toothless idoit!

[nohater]

admit that obama/biden aren't perfect and not exactly a fan. but after seeing romney, ryan in action up to and including the RNC this moderate voter is voting for obama/biden. hoping obama/biden win the election even if not by a landslide like in 2008.

[aintfakin]

phwtb100 September 2, 2012 8:10 AM EDT
1 SIMPLE thing- easy peasy- DON'T BREAK THE LAW- ANY LAW including sneaking into this country illegally-------------

how many have you hired?

[commercial-pilot]

I think Eric Holder needs to be arrested for gun running. This corrupt administration makes this announcement on a Friday afternoon so nobody will be paying attention, having to admit they were wrong. More likely, the entire episode was a political hit job that didn't work. Obama is just a thug from chicago and will do anything to stay in office...ANYTHING

[aintfakin]

your silence on Arpio is deafening

[mjc1357]

Which has what do do with this story?

[phwtb100]

It isn't "RACIAL PROFILING" to stop a Mexican when you are LOOKING FOR a Mexican. It's COMMON SENSE. It isn't "RACIAL PROFILING" to understand if someone cannot speak English, they did NOT grow up here. That too is COMMON SENSE. Both being something, obviously, these "Latino's" cannot comprehend.

I don't understand what the problem is with these 'Latino's'. If they are citizens, or legal residence, of the U.S., they don't have a problem UNLESS they are doing, or did, something illegal.

1 SIMPLE thing- easy peasy- DON'T BREAK THE LAW- ANY LAW including sneaking into this country illegally.

To all the inmates in all his jails, and any other prison:

Plain and simple, don't do the crime if you can't do the time. You lost your rights to 'civil liberties' the second you took away someone else's.

[mjc1357]

The charges in question did not have to with racial profiling, that had to do with political chronyism. The judge in the case who disbarred his accompices said if Joe was a laywer he would disbar him too.

[BettyVA]

Our constitution says you can't go looking for someone just because they look Mexican. There has to be some sort of probable cause other than their appearance, some law broken that you can see in plain view. There are Mexican born US citizens, you know, and they deserve the same rights that you enjoy. And even criminals in jail have some rights. Thankfully our forefathers had more sense when framing the Constitution than you do.