Is Arpaio In the Wrong?
As has been reported, the U.S. Department of Justice has sued Sheriff Joe Arpaio for "refusing to cooperate with a civil-rights probe into police practices and jail operations."
This is one tough nut to crack. I wrote about it a year ago on Forbes, and still am about two minds of this issue. Arpaio raises questions about civil rights in the old style, i.e. protection against government abuse and overreaching, which is one of the great concerns of libertarian theory. If the states will not enforce against their own, the whole original theory of equal protection suggests that the federal government should step in against those forms of differential enforcement.
That is the gist of many of the charges against Arpaio, on the merits of which I have no independent judgment, even if the stories that I have read suggest that his behavior does raise very serious problem. So at this point, the effort of Arpaio to narrow the inquiry at an early stage of the investigation seems to me to be premature. The effort to gain suit thus looks right.
To be sure, a District Court judge should not give carte blanche to federal investigators, but once some evidence of serious wrongs is produced, the scope of the inquiry can be widened. We are not dealing her with quota issues or employment discrimination cases. These are serious fears of government abuse.
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Re: Is Arpaio In the Wrong?
A state official should obey the request for information, or show cause in a case like this why the scope of the federal investigation is outside federal power. It seems to me that he will lose, because the courts have consistently upheld the right of the federal government to enforce civil rights laws involve state police and prisons.
On the other hand, Richard, the Obama administration seems to be over-reacting -- it should be able to resolve this without the waste of litigation -- and one has to worry that they are pressing a lawsuit because they want to portray Arizona as a wayward state on matters beyond immigration. Like many other things the Obama administration has been doing these days, if indeed it has this political motive, this litigation will likely backfire politically and only increase the support that Arizona has been receiving throughout the country.
May '10
Re: Is Arpaio In the Wrong?
If I had any confidence that the Holder Justice Department didn't have partisan and ideological warfare in it's very marrow I might be tempted to take a mature and thoughtful look at the alleged outrages of Joe Arpaio.
May '10
Re: Is Arpaio In the Wrong?
I'm always amazed at the intellectualization of a matter that seems fairly to the point. In my view it tends to legitimize those who create the complexity.
Arizona is being overrun with criminal activity and financial obligations presented by so many illegal immigrants. The State attempts to get more aggressive about the crisis and the Obama administration steps in to stop Arizona, not as a means to resolve the crisis that created the problem in the first place but what.....enable it? Certainly it is a valid question as to Federal vs. State responsibilities, but it does not address the problem.
Are we to be forced, as states, to fail by the courts hand? Oh sure, you are in a crisis, but you can't do anything about it because it is the Federal Government's job and the Federal Government refuses to act. How pathetic are we? We cannot succeed with such ridiculousness. But let's litigate!
May '10
Re: Is Arpaio In the Wrong?
Considering the track record of the current DOJ, they start off having to prove to me they are in the right. It would be different if they had gone after sanctuary cities or not sued AZ first. Sounds like one more way to go after AZ to me. Maybe they are legit in their concerns, but their previous actions leave me thinking anything the DOJ does in AZ is the act of a bully.
This is part of the problem of their partial DOJ: I cannot trust it.
Jul '10
Re: Is Arpaio In the Wrong?
I hate stuff like this. My instinct is to be with the Justice Department on things like this. But that sentiment is seriously polluted by the aggressiveness/vindictiveness that is palpable in Holder's Justice Dept. Chicago politics has been served on Arizona.
Jul '10
Re: Is Arpaio In the Wrong?
Congress has thoughtlessly (or deliberately) passed vague and convoluted legislation that can't be navigated without a team of lawyers. The same vague and legislation has also intruded on so many aspects of our lives that we are all treading into legal gray areas. This makes what laws to enforce and who to prosecute a political decision.
The law and even the idea of rule of law is becoming a joke.
May '10
Re: Is Arpaio In the Wrong?
Byron York points out that they may have pre-empted themselves already:
http://www.washingtonexaminer.com/politics/New-evidence-undermines-feds_-case-against-Arizona-705578-102106209.html
Aug '10
Re: Is Arpaio In the Wrong?
I agree with Mr. Sharkey. I have been reading articles that purport abuses by Sheriff Joseph Arpaio. Of course, we can only wait to see whether the Obama-Holder Department of Justice is able to truly demonstrate wrongdoing by Sheriff Arpaio. I could not fail to notice that the articles critical of this sheriff were largely in publications whose opinions on other matters I find questionable. Every one of the (Leftist) advocacy organizations involved in the battle against Arpaio are extremely selective in whom they represent in cases of claimed injustice. Selective advocacy is itself an injustice. If nothing else, these events in Arizona demonstrate the cascading of woes that follow when a national government abdicates responsibility in a primary duty, specifically, protecting our national borders. It is regrettable, as well, because the correct solutions are so much less costly in both dollars and social consequences than the alternative of resigning ourselves to invasion by illegal immigration.
Edited on Sep 6, 2010 at 3:50am