Not So Fast, Joe diGenova/Victoria Toensing/Joe Arpaio/Andrew Thomas!; Oops, Republicans Already Drained Public Pool Advancing Political, Religious Causes!
Two weeks ago, we were buzzing about "TV-lawyers-cum-DC-GOP-Power Couple" Joseph diGenova and Victoria Toensing dropping into Cactus Country to help outta-control Sheriff Joe Arpaio and cohort/County Attorney Andrew Thomas push forward their hasty arrest-before-indictment of County Supervisor Don Stapley. (Zach Roth's article) Today, Stapley's colleagues put the brakes on that made-for-publicity plan.
The Board's approval was on the agenda for tomorrow a.m., but was pulled by Chair Max Wilson today. The Arizona Republic obtained a letter from the County Manager detailing the reasons to pull the rug out from under the Joe&Vicki&Joe&Andy show. Those reasons include not following hiring procedures, that you can't pull in out-of-state attorneys, that there was no cost estimate, and that Thomas didn't have the authority to appoint them.
But, the one I found very interesting is that Arpaio and Thomas planned to drain the RICO fund (monies seized from "corrupt organizations", etc) to pay the high-priced DC duo, but there is apparently not enough money in the fund for it. And, here is where the Republic's story fails to connect a couple of key dots.
Twice last year, the weekly Phoenix New Times reported on County Attorney Thomas' questionable uses of that public fund advancing. First, they documented $168,000 of expenditures given to questionable church-based and proselytizing programs. Then, they discovered (disclosure: that's my e-mail screen shot in the article) that Thomas spent $11,500 in RICO funds to "sponsor" a "book tour/speaking appearances" by a conservative highly-rated talk show host (during Thomas' reelection campaign, no less - and, yes, the host endorsed and talked him up for the rest of the campaign). There are more, too.
As described, the U.S. Justice Department guidelines for how RICO funds may be spent: racketeering investigations, gang prevention, substance abuse programs, and substance abuse education. Not only did the actual expenditures not fall into those categories and/or were of questionable constitutionality, but even the proposal to use the monies to hire diGenova and Toensing for a non-racketeering post-arrest investigation and prosecution wouldn't pass muster.
I'm glad the Republic published Smith's memo (which they were likely handed in the on-going intra-county battle), and I hope that this post will prompt them to push the story further. (They have shown a reluctance to connect the dots on Thomas and Arpaio stories. Especially when the New Times got there first.)
Rule #1 The Boss is always right
Rule# 2 if the Boss is wrong, refer to rule # 1
Rule # 1) "The three individuals cannot commence work or use court processes until the Board approves their appointments."
Can you say “Stonewall” In other words "We the members of the board, who are being investigated for abuse and corruption will not allow anyone to investigate us, unless we approve"?
Rule #2) "Two of the attorneys are not residents of Maricopa County, as required by “applicable statute”, including the person proposed to be in charge of all aspects of the matters."
Since we the County Board of Supervisors, (board members under investigation) approve all applicable statute, we will not allow any other attorneys, especially those we have not been able to influence.
Nothing to see here folks, move along.
October 20, 2009 9:13 PM | Reply | Permalink
Thanks, Resistance. But, I think you're missing the point somewhat. I think that everyone knows - and the post acknowledges in the 1st graf - that this is part of a power struggle/game.
However, your analysis oversimplifies the situation, and misstates some of the facts. We're not talking about "abuse and corruption"; we're talking about the sheriff playing revenge and publicity games, and putting together shoddy cases against a political enemy. This arrest-without-indictment came a couple of days after the prosecutor decided to dismiss the rest of the counts from the first indictment, based on most of the same iffy issues. As the New Times put it: for Arpaio and Thomas, it is all about the perp walk.
This is not to say that Stapley, his colleagues and the County Manager are Ivory pure or are not playing the power struggle game, too. But, that doesn't mean that there is nothing to see in this latest development, Resistance.
Thomas/Arpaio made a big political and publicity play announcing the diGenova/Toensing deal. Assuming it never comes to pass, it is another piece of evidence in the case against the Joe and Andy Show.
October 21, 2009 4:06 AM | Reply | Permalink
The US Justice Dept set the guidelines for using RICO money; not the Board. Hiring practices, which are usually in writing weren't changed in the last month or so. You're blaming the Board chairman for something beyond his control, even if it works out to his advantage.
The toxic couple would have to work pro bono, which they may decide to do if it gets them the kind of headlines they love so dearly. Otherwise, what a waste of a small town's funds! I'm sure they charge a mint, and require all kinds of perks as well. I hope they don't make a dime off these people.
October 21, 2009 2:15 PM | Reply | Permalink
Thanks, Cville Dem.
I agree that they could take it pro bono, although I doubt they would - they've already received the best headlines they'd likely get from this second-chance, second-rate case.
BTW, Maricopa County (and Phoenix, for that matter) is no "small town" - 4th most populous county, 5th most populous city. Which makes our pathetic politician cockfights all the more embarrassing! (Though that could mean that we've "arrived" in the big leagues, I'm afraid our current crop ARE more like "small town".)
October 21, 2009 5:17 PM | Reply | Permalink
I'll respond later if I can. It's late.
I always like a good debate.
October 22, 2009 5:36 AM | Reply | Permalink
Thanks for the update and links, Paul. It's like the Sarah Palin/Walt what's-his-name story on steroids. Use of public money as revenge and to promote an agenda, and in Arpaio's case it's the illegal detention and arrests of people of the Brown Persuasion.
Justice has amended the 287g program; they found (surprise, surprise) that it wasn't working as well as they'd hoped (see: Arpaio's antics). He doesn't seem to want to quit. I found this in the Wall Street Journal, and sent it to Josh and Zach. I hadn't seen that they'd posted it.
http://online.wsj.com/article/SB125572635599690761.html?mod=WSJ_hpp_MIDDLENexttoWhatsNewsSecond
October 21, 2009 9:10 AM | Reply | Permalink
Thanks, Wendy. I did listen to Arpaio stumble on about this on Sunday night.
But, it got even better. He has apparently stepped on his own with a couple of TV interviews since then, basically admitting that they racially profile (his spokespeople tried to walk it back), and saying both that his 287(g) status is clear but that he wants an opinion about it from Thomas.
Thing is: not only does the media give him the rope, but he hangs himself with it, and the voters still don't pay attention. Too many are blinded by the bluster. (Hmmm, song parody idea!)
October 21, 2009 5:41 PM | Reply | Permalink
These days there must be no reason not to break or stray from laws, nothing that is going to hold you accountable.
Rules/Laws apply but don't have to follow them.
It is hard to teach our youth to play with clean hands. Makes a mockery of us that are trying.
They do not see it at the top, don't be expecting it at the bottom.
This is on and on and on and on
Case after case after case.
Don't like the laws then change them don't spend your time Sheriff like prisoners scheming ways to get around your bad self....and the law
October 21, 2009 11:39 AM | Reply | Permalink
Azpaull writes " We're not talking about "abuse and corruption"; we're talking about the sheriff playing revenge and publicity games, and putting together shoddy cases against a political enemy"
The only ones playing revenge and smear campaigns against a Sheriff duly ELECTED By the people, For the people, is the County Board of Supervisors, trying to protect themselves against a criminal investigation, that could result in prison terms or stiff fines or impeachment.
There is a reason for the separations of powers, in the Constitution. It was to prevent a Government such as the County Board of Supervisors welding so much power, to prevent their losing power.
You've heard it said, "Absolute power, corrupts absolutely"?
The Sheriff is doing his job, despite the obstacles placed upon him by a possible corrupt board.
Arpaio investigates Mary Rose Wilcox’s Sky Harbor leases
http://phoenix.bizjournals.com/phoenix/stories/2009/06/15/daily33.html#
Sheriff Joe is not appointed; the people elect him. Thank God for that.
Imagine the Executive branch and the judicial branch and the legislative branch, all controlled by the County board of Supervisors? Can you understand the resistance by this very board to Supervisors, by some of these alleged criminals?
Mary Rose Wilcox's constituents are those who advocate open borders. They don't like a Sheriff who enforces immigration Laws.
Now it takes no rocket scientist to figure out who Mary Rose Wilcox will attack; or Stapley whose district contains a lot of employers who love slave labor in the form of desperate immigrants. Employers who hire undocumented workers, paying wages under the table, not taking out withholding taxes, or paying into workers compensation, underbidding legitimate businesses. Undocumented workers with no insurance, using the emergency rooms, and legitimate employers and workers having their co-payments rise to cover the uninsured.
Uninsured workers; because the greedy employers, pocketed the profit margins for themselves.
More profit to employers willing to donate money to select Government officials keeping them in office, in a nice and cozy (corrupt) relationship.
Do you suppose these corrupt politicians are just going to give up this lucrative partnership?
I'd sure like a nice business opportunity at the Airport. I wonder if the County Board of Supervisors will cut me in?
October 21, 2009 2:30 PM | Reply | Permalink
http://tpmcafe.talkingpointsmemo.com/talk/blogs/azpaull/2009/10/not-so-fast-joe-digenovavictor.php#comment-3641783
October 21, 2009 3:44 PM | Reply | Permalink
Thanks again, Resistance, but you are obviously only looking at one side of the picture.
Again, I am not saying that the Supervisors are the cleanest/best/most ethical (the same voters elected them as elected the Sheriff, btw) politicians, though Joe-Andy haven't found anything that holds up to independent scrutiny. (Lord knows, Andy-Joe has tried. And, don't get us started on Joe-Andy's problems with the judicial branch, either!)
But, you seem to believe that Joe-Andy are Jesus-like pure. How do you navigate the downtown streets with those blinders on? How do you justify their behavior - in this case and in so many others?
I have seen Arpaio's behavior and tactics both close up and from afar; I am progressively more appalled. You may have seen him up-close, too, and have obviously learned well from him.
October 21, 2009 5:09 PM | Reply | Permalink
Apparently you intend to run your own smear campaign.
I never said Joe was pure.
You want to attack Joe when he's wrong and you want to attack Joe when he's right.
YOU JUST WANT TO ATTACK JOE, yet facts are stubborn things and all I have stated I have backed up with independent news stories.
YOU'RE BIASED
What's your agenda, open borders?
Yes Joe capitalizes on publicity. You have to, if you’re going to win elections, against those who also want to win so they can run their criminal enterprises.
Ever hear of Mayor Tweed?
When Joe busts up drop houses where smugglers terrorize those seeking to sneak into America.
How many victims say I wish Joe would just mind his own business or Joe is only a Racist pig.
I’ve lived in the barrio; I’ve seen first hand, neighborhoods victimized by Latino on Latino crime waves.
The neighbors crying for help, unable to fight the Latino gangs, running guns and Mexican heroin, more crime, more drive by shootings. Gang war.
But then I suppose someone should spell it out for you, in the Southwest we have a disproportionate amount of crime being committed by Latinos.
Now I suppose I‘ll have to point out the obvious differences in race for you, Asians look different than Hispanics. So when Joe goes into neighborhoods because he gets calls by frightened neighbors, outgunned or too scared to come forward. Call Joe, and then cry because he pulls over Latinos. I suppose your suggesting he should spend his resources pulling over Asians?
So if you were in law enforcement, and your in a predominately violent Latino on Latino area, Hmmm you think you might pull over a low rider because some good citizen has called and reported some suspicious activities.
Unless you’re totally clueless, I’ll spell it out again for you. Criminals usually don’t do their crimes in the presence of the Sheriff and his deputies. Only when the criminal feels he won’t get caught you suppose?
It’s called probable cause. So because you can’t just pull over people without cause the Sheriff pulls them over because the taillight is out, maybe finding large quantities of drugs or guns.
Only afterwards the Latino population cries “my boys going to Prison because Joes a racist pig”
If you’re a Latino and you’ve committed a crime, do you think you’d fix your taillight, stupid?
When the violent Latino crime syndicates, terrorize their victims in home invasions, ask the people DO YOU LIKE SAFE NEIGHBORHOODS?
I could prove every statement true, Phoenix kidnap Capital in US, stories of Coyotes raping and pistol whipping their smuggled chattel.
Or I’ll relate first hand accounts given by family members in law enforcement, finding bound and gagged, gangland murdered immigrants in the desert because of Latino on Latino crimes.
We are in a war zone, and you may not like the rules of engagement, because YOU CAN"T HANDLE THE TRUTH.
If the Latinos were doing the crimes, why would you look at others? Unless; your only giving lip service to the idea of keeping our streets and neighborhoods safe?
So if you were Joe and no matter what you did, damned if you do and damned if you don’t.
If Joe finds reassurance and a sense of worth, maybe through fame, is that enough for a thankless job?
I wouldn’t want it.
PS. Tell your Esse to check his tailights.
October 22, 2009 5:24 AM | Reply | Permalink
Thanks for the "good debate", Resistance. However, if you are calling me "biased" and not recognizing your completely-one-sided bias, there really ain't much point.
You claim you never said Joe was pure, and that I am thusly smearing you. However, I never said that you said that, only that you seem to believe it. And, you did say that the Supervisors are "the only ones" playing revenge and smear games.
You followed that with THE ONLY article you have cited in this discussion, one noting that the Sheriff has opened an investigation into Wilcox (and hubby) re: the Sky Harbor leases. This article does not indicate that Arpaio has any legitimate reason for the "investigation," nor has anything come of this "investigation". The article also cites the Dowling case and others where similar Arpaio "investigations" have fallen apart after his p.r. office spreads the hype love. So, tell me how this proves your point?
I have absolutely no "open borders" agenda, and that you would even accuse me of that for simply raising questions about Arpaio's/Thomas's tactics does not speak well for your "smear campaign", and leaves one to wonder why he or she would "debate" you.
If you want to take off your blinders, perhaps we can discuss each move in this degenerative game that our County officials are subjecting us to. Maybe, when the County is completely paralyzed and/or broke, you and I can agree to throw all of 'em out of our county!
October 26, 2009 1:36 PM | Reply | Permalink