Arpaio (et al.) criminal contempt case

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Dan1100
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Dan1100 » Fri Aug 19, 2016 8:08 pm

On Twitter.
Cecillia Wang ‏@WangCecillia 8m8 minutes ago
Arpaio, chief deputy, former commander of internal affairs, and former Arpaio attorney referred for criminal investigation by federal court.
21 retweets 16 likes
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Jim
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Jim » Fri Aug 19, 2016 8:09 pm

:like: :bunny:

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bob
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by bob » Fri Aug 19, 2016 8:15 pm

Order re: contempt:
For the reasons set forth below, the Court refers Sheriff Joseph M. Arpaio to another Judge of this Court, to be randomly selected by the Clerk’s office, for a determination of whether he should be held in criminal contempt for: (1) the violation of this Court’s preliminary injunction of December 23, 2011; (2) failing to disclose all materials that related to the Montgomery investigation in violation of: (a) this Court’s specific order entered orally on April 23, 2015 (Doc. 1027 at Tr. 625–60), and (b) this Court’s orders to comply with the Monitor’s requests for documents including the Monitor’s follow-up ITR (investigative team requests) for this material, (Doc. 606 ¶ 145; Doc. 700 at Tr. 71–73; Doc. 795 at 20); and/or (3) his intentional failure to comply with this Court’s order entered orally on April 23, 2015 that he personally direct the preservation and production of the Montgomery records to the Monitor, (Doc. 1027 at Tr. 625–60).

Chief Deputy Sheridan is likewise referred to the same Judge for a determination of whether he should be held in criminal contempt for: (1) concealing from the Monitor, the parties, and this Court, the existence of the 1459 IDs and the related PSB investigation into them in violation of this Court’s orders of October 2, 2013, (Doc. 606 ¶¶ 145–47), May 14, 2014, (Doc. 700 at Tr. 71–77), November 20, 2014, (Doc. 795 at 16–21), December 9, 2014, (Doc. 825 at 2), and February 12, 2015, (Doc. 881 at 2); and (2) intentionally withholding the 50 Montgomery hard drives from production to the Court, (Doc. 1027 at Tr. 625–60).

Captain Bailey is also referred to the same Judge for a determination of whether he should be held in criminal contempt for concealing from the Monitor, the parties, and this Court the existence of the 1459 IDs and the related PSB investigation into them in violation of this Court’s orders of October 2, 2013, (Doc. 606 ¶ 145), May 14, 2014, (Doc. 700 at Tr. 71–73), November 20, 2014, (Doc. 795 at 16–21), December 9, 2014, (Doc. 825 at 2), and February 12, 2015, (Doc. 881 at 2).

Michele Iafrate is likewise referred to the same Judge for a determination of whether she should be held in criminal contempt for concealing from the Monitor, the parties, and this Court the existence of the 1459 IDs and the related PSB investigation into them, and her instructions to her client to misstate facts as to the IDs in violation of this Court’s orders of October 2, 2013, (Doc. 606 ¶ 145), May 14, 2014, (Doc. 700 at Tr. 71–73), November 20, 2014, (Doc. 795 at 16–21), December 9, 2014, (Doc. 825 at 2), and February 12, 2015, (Doc. 881 at 2).
Not surprisingly, it is the coverup, e.g.:
There is probable cause to believe that the Sheriff intentionally failed to produce all of the documents he had in response to this Court’s order. Specifically, at the time the Court issued the above order, the Sheriff knew that Montgomery had given the MCSO 50 hard drives that Montgomery claimed to be the master database of records that he had supposedly purloined from the CIA. (Doc. 1677 ¶ 353; Doc. 1455 at Tr. 2064; Doc. 1457 at Tr. 2331–32; Doc. 1458 at Tr. 2561–63.) To reveal those hard drives would have revealed that they did not contain the materials that Montgomery had described. It also may have called into question some of Sheriff Arpaio’s other ongoing investigative activities in which he had partnered with Montgomery, such as the alleged illegitimacy of President Barack Obama’s birth certificate. (See Doc. 1677 ¶¶ 360–63.) It would also reveal that the MCSO actually took possession of, and intended to use, material that it believed to have been stolen from the CIA.
H/t: Lemons, of course.
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by vic » Fri Aug 19, 2016 8:17 pm

Super Smackdown Friday!

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Dr. Caligari
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Dr. Caligari » Fri Aug 19, 2016 8:19 pm

A Fogbow Friday Smackdown! :dance:
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Lani » Fri Aug 19, 2016 8:21 pm

:cheer: :bunny: :cheer1:

Happy Friday!
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Sam the Centipede
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Sam the Centipede » Fri Aug 19, 2016 8:26 pm

bob wrote:Order re: contempt:
:snippity:
H/t: Lemons, of course.
Oh, wow. Judge Snow has sent Sheriff Arpaio, Chief Deputy Sheridan, Captain Bailey and attorney Michele Iafrate to the naughty step. I don't think he'll be giving them milk and cookies.

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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Reality Check » Fri Aug 19, 2016 8:26 pm

It looks like he also dropped a big hint to the US Attorney to go after Arpaio and Sheridan on perjury charges. At least that is a quick reading by this IANAL.
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Sam the Centipede
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Sam the Centipede » Fri Aug 19, 2016 8:31 pm

Reality Check wrote:It looks like he also dropped a big hint to the US Attorney to go after Arpaio and Sheridan on perjury charges. At least that is a quick reading by this IANAL.
Hint? When the US Attorney reads that, he's going to be walking with a limp for three days if the hint drops on his foot!

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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Reality Check » Fri Aug 19, 2016 8:34 pm

It appears that the failure to preserve and turn over evidence from the Montgomery investigation was the big reason for the criminal referral. :dance: Does Zullo get an attaboy?
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Foggy » Fri Aug 19, 2016 8:36 pm

Well, we knew this was coming.

But the chances are that he won't be convicted of anything before the election in November (and didn't I read that he's raised like $15 million?), so I wonder if the good people of Maricopa County are going to keep him in office. :think:
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Flatpointhigh » Fri Aug 19, 2016 8:40 pm

I'd wager his good bud and putin pocket pal could donate some money to someone to get him off...

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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Reality Check » Fri Aug 19, 2016 8:48 pm

I am a little surprised that Iafrate got nailed but when you lie down with dogs and all that.
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Sterngard Friegen » Fri Aug 19, 2016 8:52 pm

To reveal those hard drives would have revealed that they did not contain the materials that Montgomery had described. It also may have called into question some of Sheriff Arpaio’s other ongoing investigative activities in which he had partnered with Montgomery, such as the alleged illegitimacy of President Barack Obama’s birth certificate. (See Doc. 1677 ¶¶ 360–63.)
ECF 1792, p. 6:21-25.

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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Notorial Dissent » Fri Aug 19, 2016 9:01 pm

And da hammer dun come down, KABAM!!!! And a fourfer too boot. I am so glad to see Iafrate getting her just and due as well as Sheridan and Bailey. A perfect end to an otherwise boring Fri. I wonder if the reality of it has sunk in yet.
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Volkonski » Fri Aug 19, 2016 9:02 pm

Jim wrote::like: :bunny:
Good.

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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Tesibria » Fri Aug 19, 2016 9:04 pm

Late to the party but - today's docket update in full, with Scribd Links:
08/19/2016 -- 1791 -- ORDER re Victim Compensation. Signed by Judge G Murray Snow on 8/19/16. (SJF) (Entered: 08/19/2016)

08/19/2016 -- 1792 -- ORDER re Criminal Contempt: Pursuant to Rule 42(a)(2) of the Federal Rules of Criminal Procedure, the Court requests that the United States Attorney for the District of Arizona, John M. Leonardo, or his designee(s), prosecute this matter. If the United States Attorney declines the appointment he should so inform the Judge to whom the criminal contempt matters arising from this case are referred, so that an additional assignment to a prosecuting attorney may be made if that Judge deems it appropriate. Fed. R. Crim. P. 42(a)(2). The Court retains its jurisdiction over this civil case and the resulting continued supervision of the Defendants and directs that only the criminal contempt proceedings initiated by this Order be randomly assigned to another Judge within the District of Arizona. In light of this Court's referral, the assigned Judge shall determine and state to the Defendants the time and place of the trial, and allow the Defendants a reasonable time to prepare a defense pursuant to Rule 42(a). IT IS THEREFORE ORDERED that pursuant to Rule 42(a)(1) of the Federal Rules of Criminal Procedure, the Court refers Sheriff Joseph M. Arpaio, Chief Deputy Gerard Sheridan, Captain Steven R. Bailey, and Attorney Michelle M. Iafrate to another Judge of this Court to determine whether they should be held in criminal contempt for the matters detailed above. IT IS FURTHER ORDERED directing the Clerk of Court to refer the criminal contempt proceedings, by random lot, to another Judge in the District of Arizona. IT IS FURTHER ORDERED directing the Clerk of Court to promptly notify the United States Attorney for the District of Arizona regarding this Order. Signed by Judge G Murray Snow on 8/19/16.
[Please Note: Criminal Case CR-16-1012-PHX-JJT opened.]
(SJF) (Entered: 08/19/2016)
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Reality Check » Fri Aug 19, 2016 9:11 pm

I am reading some of the media tweets. They have no clue this is the same as a criminal indictment. If they only had read the Fogbow they would know this stuff. :fingerwag:
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Reality Check » Fri Aug 19, 2016 9:23 pm

I'd like to give a public thank you to MIke Zullo for whatever role he played in getting Sheriff Arpaio to work with Dennis Montgomery and set up a chain of circumstances that led to this criminal referral. Well played Kommandante Zullo! :clap:
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by esseff44 » Fri Aug 19, 2016 9:29 pm

Local papers publish the news. They have questions. Lots of questions.

http://www.azcentral.com/story/news/loc ... /87587572/

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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Jim » Fri Aug 19, 2016 9:30 pm

Reality Check wrote:I'd like to give a public thank you to MIke Zullo for whatever role he played in getting Sheriff Arpaio to work with Dennis Montgomery and set up a chain of circumstances that led to this criminal referral. Well played Kommandante Zullo! :clap:
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by GreatGrey » Fri Aug 19, 2016 9:37 pm

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I am not "someone upthread".
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Notorial Dissent » Fri Aug 19, 2016 9:57 pm

Reality Check wrote:I'd like to give a public thank you to MIke Zullo for whatever role he played in getting Sheriff Arpaio to work with Dennis Montgomery and set up a chain of circumstances that led to this criminal referral. Well played Kommandante Zullo! :clap:
:yeah: :clap:
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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by TexasFilly » Sat Aug 20, 2016 1:02 am

esseff44 wrote:Local papers publish the news. They have questions. Lots of questions.

http://www.azcentral.com/story/news/loc ... /87587572/
And the commenters have all of the answers! Poor Joe was just enforcing da law! Out of control federal judge! HILLARY IS GUILTY AND SHOULD BE EXECUTED!!!

The New York Times: http://www.nytimes.com/2016/08/20/us/ar ... .html?_r=0

This article mentions Snow stood through a hearing because of a bad back. My buddy here thought it was hemorrhoids. :think:
I love the poorly educated!!!

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Re: Sheriff Joe Arpaio's Excellent Federal Court Adventures

Post by Slartibartfast » Sat Aug 20, 2016 1:22 am

Wow. :shock:

With the birther shoutout too. also.

damn.

I'm not going to go back through elebenty-bazillion pages to see what people predicted, but this seemed pretty close to what I remember Tes and Mike saying. Who got all four correct without any false positives? How did all of the IAAL types do in their predictions? In the words of the guy from the Dirty Harry movie, "I gots to know.".1,3,42

  • 1. Yeah, I'm just messing with you :sterngard: , the first period should be removed2. :towel:

    2. Which is the proper 'Muricun way they do it in England.

    3. Completely gratuitous footnote usage is a homage to Tes4! :lovestruck: :worship: :happydance:

    4. I can't wait to hear what she says about the criminal trials5.

    5. Question: will the trials be separate or all in a bunch?

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