Arpaio contempt case:
The decision on whether to file criminal contempt charges against Maricopa County Sheriff Joe Arpaio and others will be made by the U.S. Justice Department in Washington, D.C. U.S. Attorney for Arizona John Leonardo recused himself Friday, citing potential conflicts of interest.
Federal prosecutors in Arizona will not be deciding whether to file criminal contempt and perjury charges against Maricopa County Sheriff Joe Arpaio.
Instead, according to a U.S. District Court filing Friday, the U.S. Attorney’s Office will bow out because of conflicts of interest, sending the case to federal Justice Department lawyers in Washington, D.C.
A memo attached to Friday’s court filing says Andrew Goldsmith, associate deputy attorney general, approved recusal by U.S. Attorney John Leonardo and his entire staff “based on existing conflicts of interest or the appearance of conflicts.” Goldsmith’s memo does not specify the nature of conflict, and a U.S. Attorney’s Office spokesman declined to elaborate. However, sheriff’s administrators and deputies frequently interact with federal prosecutors and FBI agents in Arizona while working on crime task forces and other initiatives.
U.S. District Judge G. Murray Snow last week issued the criminal referral against Arpaio and three others on suspicion of contempt and perjury in connection with an eight-year civil lawsuit accusing the Sheriff’s Office of targeting Hispanics via racial profiling.
Arpaio, Chief Deputy Jerry Sheridan, Capt. Steve Bailey and their former attorney, Michele Iafrate, already have been found culpable of civil contempt by Snow. The criminal referral for contempt and perjury stems from Snow’s allegation that the defendants ignored court orders, withheld information and gave deceptive or untrue statements to the judge.
Such a legal move is extremely rare, especially against elected and public officials. The referral does not initiate automatic criminal charges but puts the onus on prosecutors to determine whether a case should proceed.
According to Friday’s filing, the Public Integrity Section of the Justice Department will now be responsible for making that call.
A. Melvin McDonald, an attorney for Arpaio, said it’s not his place to say whether the U.S. Attorney’s Office was conflicted, but he would have preferred dealing with prosecutors in Arizona rather than with those in Washington.
“It just means we’ve got to deal with people out of town,” said McDonald, who previously served as Arizona’s U.S. attorney. “From the standpoint of logistics, it would be easier to deal with people here. But that’s not going to happen.”
Plaintiffs’ attorneys in the case could not be reached for comment late Friday.