Coyote Blog

Trump considering pardon of Joe Arpaio

It is hard for me to parse the news on Trump.  I made it clear I thought he was an egregious and unsuitable candidate in advance of the election, but I would like to evaluate what is going on in the Administration based on actual facts rather than my preconceived notions.

What makes this hard is that the whole Russia thing the media is obsessed over is almost certainly total BS.  It is, to my eyes, the Obama birth certificate of this election (sort of Karmic given Trump was about the last man standing after Joe Arpaio in publicly supporting the whole birth certificate thing).  It is not just me who thinks the Russia thing is absurd, Glenn Greenwald, certainly no friend of Republicans, agrees.

So given that the #1 story about Trump is probably completely bogus, is all the rest?  Is Russia representative of a general trend in poorly sourced attack stories on the Administration, or is it a distraction from substantial and real problems that are getting less play.  I have been suspicious that the answer is the latter and Megan McArdle has reinforced this opinion with this devastating wake-up call to Conservatives:

But for connected conservatives in DC, the media isn’t the only source of information about this administration. I’d venture to say that most of them have by now heard at least one or two amazing stories attesting to the emerging conventional wisdom: that the president either can’t, or refuses to, follow any kind of policy discussion for more than a few minutes; that the president will not be told no, or corrected about anything, forcing his staff to take their concerns to the media if they want to get his attention; that the infighting within the West Wing is unprecedentedly vicious, and that those sort of failures always stem from the top; and that his own hand-picked staffers “have no respect for him, indeed they seem to palpitate with contempt for him.” They hear these things from conservatives, including people who were Trump supporters or at least, Trump-neutral. They know these folks. They know, to their sorrow, that these people are telling the truth.

They can also compare what they’re hearing to what they heard, both on and off the record, during the last Republican administration. Even in Bush’s final days, when the financial crisis was in full swing and his approval ratings hovered around 25 percent, there was nothing like this level of dysfunction inside the White House, this frenzy of backbiting leakage.

So even though they agree with conservative outsiders that the media skews very liberal, and take all its pronouncements about Republicans with a heavy sprinkling of salt, they know that the reports of this administration’s dysfunction aren’t all media hype. They have seen the media report on their own work, and that of their friends; they know what sort of things that bias distorts, and what it doesn’t. Washington conservatives know that reporters are not making up these incredible quotes, or relying only on Democratic holdovers, or getting bits of gossip from the janitor. They know that the Trump administration is in fact leaking like a rusty sieve -- from the top on down -- and that this is a sign of a president who has, in just four short months, completely lost control over his own hand-picked staff. Which is why the entire city, left to right, is watching the unfolding drama with mouth agape and heads shaking....

So what conservatives here know is that the freakout in Washington, which looks from afar like a battle between Trump and “the establishment,” is actually one side screaming in amazement as the other side turn their weapons on each other.

Read the whole thing, as they say.  During the campaign, I took an analogy from WWI in which the Germans were being dragged down by an Austro-Hungarian Empire that could never seem to win a battle even against small or dysfunctional armies like Serbia, Russia, and Italy.  The Germans joked in black humor that they were shackled to a dead man.  Similarly, I wrote last year that in nominating Trump, the Republicans had shackled themselves to a suicide bomber.  I actually underestimated the problem -- I thought he would just lose the election big, but now he is blowing up the Republican agenda in a much more thorough way.

Frequent readers know that I am a strong supporter of immigration**.  Unfortunately our two major political parties have more mixed feelings, at best, about immigration.   Here is your one-sentence guide to the two parties' positions on immigration:

Republicans want immigrants to work but not vote, while Democrats want them to vote but not work.  Latest proof here.

I will add that I don't understand this line from the linked article:

I don't personally care all that much about the level of illegal immigration. The current numbers strike me as reasonable.

I am not sure how anyone can consider the levels of illegal immigration reasonable.  Some Republicans obviously consider these numbers unreasonable because they want the immigrants gone.  But I, even as a strong immigration supporter with many immigrant acquaintances, think the number is unreasonable as well.  If we are going to de facto let these folks stay, why should we make every step of their life, from driving to banking to working, a total hassle?  Why make all these hard working and generally law-abiding people afraid every moment that they may get deported, or make them subject to the harassment whims of some jerk like Joe Arpaio?

There seems to be a large portion of the country that is willing to allow these folks to stay but want to create some kind of lower-tier immigration status for them.  Fine, then let's do that.  Let's create a lower-tier (e.g. reduced access to government services and benefits) of legal presence in this country -- guest worker, whatever -- that is simple to obtain and does not involve waiting on lists for a decade.

** This is something I have probably moved the furthest on in my life.  At sixteen, when I was a traditional Texas Conservative Republican, I supported immigration restrictionism.  Since then, I have found such a position incompatible with my belief in individual rights and free markets, and through my experience in life have come to appreciate the value immigrants bring to this country.

No, I am not going to have a legal discussion here.  But currently a judge is preparing to rule whether Joe Arpaio committed civil or criminal contempt of court when he (admittedly) ignored the judge's order on stopping his immigrant sweeps (and other issues).

Here is the practical difference for you and me:  If convicted of civil contempt, we the taxpayer ultimately bear the punishment (in all past Arpaio losses of this sort, the County taxpayers picked up the bill for any fines and awards).  If convicted of criminal contempt, Sheriff Joe might actually, for the first time ever, have to pay the price for his own lawlessness.

Postscript:  Just so you can get a flavor of how Arpaio conducts his immigrant sweeps, here is an example:

Deputies from the Maricopa County Sheriff's Office raided a Mesa landscaping company early Wednesday morning, arresting nearly three dozen people suspected of being in the country illegally.

The raid on offices of Artistic Land Management, on Main Street just west of Dobson Road, happened about 4:30 a.m., according to one worker who was handcuffed and detained before being released when he produced documentation that he was in the country legally....

Juarez estimated about 35 workers were handcuffed with plastic zip-ties while deputies checked for documents. Those who could provide proof they were in the country legally were released, while others were put on buses and taken away.

People think I am exaggerating when I say this, but he literally goes into a business and zip ties everyone with brown skin, releasing them only if some family member can rush over and provide proof of citizenship.

My son is taking some kind of politics course in Rome (Italy) and the discussion in class yesterday was on Joe Arpaio and immigration.

I don't have much to add to all the commentary on the Ferguson killing, except to say that many, many examples of police abuse of power are covered by libertarian blogs --but seldom more widely -- so it is nice to see coverage of such an incident hit the mainstream.

Defenders of police will say that police are mostly good people who do a difficult job and they will mostly be right.  But here is the problem:  In part due to our near fetishization of the police (if you think I exaggerate, come live here in Phoenix with our cult of Joe Arpaio), and in part due to the enormous power of public sector unions, we have made the following mistake:

• We give police more power than the average citizen.  They can manhandle other people, drag them into captivity, search and take their stuff, etc.
• We give police less accountability than the average citizen when things go wrong.   It is unusual even to get an investigation of their conduct, such investigations are seldom handled by neutral third parties, and they are given numerous breaks in the process no citizen gets.

The combination of these two can be deadly.

Ken White at Popehat writes to some of this

If you are arrested for shooting someone, the police will use everything in their power — lies, false friendship, fear, coercion — to get you to make a statement immediately. That's because they know that the statement is likely to be useful to the prosecution: either it will incriminate you, or it will lock you into one version of events before you've had an opportunity to speak with an adviser or see the evidence against you. You won't have time to make up a story or conform it to the evidence or get your head straight.

But what if a police officer shoots someone? Oh, that's different. Then police unions and officials push for delays and opportunities to review evidence before any interview of the officer. Last December, after a video showed that a cop lied about his shooting of a suspect, the Dallas Police issued a new policy requiring a 72-hour delay after a shooting before an officer can be interviewed, and an opportunity for the officer to review the videos or witness statements about the incident. Has Dallas changed its policy to offer such courtesies to citizens arrested for crimes? Don't be ridiculous. If you or I shoot someone, the police will not delay our interrogation until it is personally convenient. But if the police shoot someone:

New Mexico State Police, which is investigating the shooting, said such interviews hinge on the schedules of investigators and the police officers they are questioning. Sgt. Damyan Brown, a state police spokesman, said the agency has no set timeline for conducting interviews after officer-involved shootings. The Investigations Bureau schedules the interviews at an “agreeable” time for all parties involved, he said.

Cops and other public servants get special treatment because the whole system connives to let them. Take prosecutorial misconduct. If you are accused of breaking the law, your name will be released. If, on appeal, the court finds that you were wrongfully convicted, your name will still be brandished. But if the prosecutor pursuing you breaks the law and violates your rights, will he or she be named? No, usually not. Even if a United States Supreme Court justice is excoriating you for using race-baiting in your closing, she usually won't name you. Even if the Ninth Circuit — the most liberal federal court in the country — overturns your conviction because the prosecutor withheld exculpatory evidence, they usually won't name the prosecutor.

Also see Kevin Williamson.

My wife and I were discussing the Atlanta bombing last night and it struck me that, with all the false reports out of Boston, it would be useful to remind folks of the fate of Richard Jewell, a man whose life was essentially destroyed by our collective need for quick answers about a tragedy.  But Patrick at Popehat has already done the heavy lifting, so I will turn it over to him.

By the way, in an odd local angle on the story, for some reason Fox decided to interview Joe Arpaio as an "expert" after the blast.  Joe is an expert -- at getting himself media attention.  But I am trying to remember the last terrorist incident we had here in Phoenix.

Why is the media always so deferential to the state?  The reasons may be in part ideological, but there is a public choice explanation as well -- the state (particularly local police and crime stories) generate most of its headlines, and so they have a financial incentive to retain access to the source of so much of their content.

Perhaps even more revealing, though, was this:

To start, [San Diego County Sheriff's Office] spokeswoman Jan Caldwell explained to the room full of journalists why it is so important to be nice to her: "If you are rude, if you are obnoxious, if you are demanding, if you call me a liar, I will probably not talk to you anymore. And there's only one sheriff's department in town, and you can go talk to the deputies all you want but there's one PIO."

Here we have the heart of the matter. "Professional" journalists may, indeed, be brilliant, talented, well-trained, professional, with an abiding appetite for hard-hitting but neutral reporting. Yet professional journalists also depend on relationships. Ms. Caldwell calls that fact out, sending law enforcement's core message to the press: if you want access, play the game.

The game colors mainstream media coverage of criminal justice. Here's my overt bias: I'm a criminal defense attorney, a former prosecutor, and a critic of the criminal justice system. In my view, the press is too often deferential to police and prosecutors. They report the state's claims as fact and the defense's as nitpicking or flimflam. They accept the state's spin on police conduct uncritically. They present criminal justice issues from their favored "if it bleeds it leads" perspective rather than from a critical and questioning perspective, happily covering deliberate spectacle rather than calling it out as spectacle. They accept leaks and tips and favors from law enforcement, even when those tips and leaks and favors violate defendants' rights, and even when the act of giving the tip or leak or favor is itself a story that somebody ought to be investigating. In fact, they cheerfully facilitate obstruction of justice through leaks. They dumb down criminal justice issues to serve their narrative, or because they don't understand them.

This "professional" press approach to the criminal justice system serves police and prosecutors very well. They favor reporters who hew to it. Of course they don't want to answer questions from the 800-pound bedridden guy in fuzzy slippers in his mother's basement. But it's not because an 800-pound bedridden guy can't ask pertinent questions. It's because he's frankly more likely to ask tough questions, more likely to depart from the mutually accepted narrative about the system, less likely to be "respectful" in order to protect his access. (Of course, he might also be completely nuts, in a way that "mainstream" journalism screens out to some extent.)

Which is why, despite Joe Arpaio's frequent antics that make national news, it falls to our local alt-weekly here in Phoenix rather than our monopoly daily paper to do actual investigative reporting on the Sheriff's office.

The best time to argue for general principles is when they work against one's own interest, to firmly establish that they are indeed principles rather than political opportunism.  Two examples:

First, from a topic rife with political opportunism, the Supreme Court a three-judge panel recently ruled Obama's NLRB not-really-recess appointments were unconstitutional.  I think that was the right decision,  but a President has got to be able to get an up or down vote in a timely manner on appointments.  As much as I would love to see all of Obama's appointments languish for, oh, four years or so, and as much as I really don't like his activist NLRB, having to resort to procedural hacks of this sort just to fill administrative positions is not good government.  The Senate rules (or traditions as the case may be) that even one Senator may put a hold on confirmations is simply insane.  While I am a supporter of the filibuster, I think the filibuster should not apply to certain Constitutionally mandated activities.  Specifically:  passing a budget and appointment confirmations.

Second, readers of this blog know how much I dislike our sheriff Joe Arpaio.  He was unfortunately re-elected a couple of months ago, though the vote was closer than usual.  This week, an Arizona group who also does not like Joe has announced it is going to seek a recall election against him.  Again, as much as I would like to see Arpaio ride off into the sunset, this practice of gearing up for recall elections just days after the election is over is just insane.  It is a total waste of money and resources.  While I don't like to do anything that helps incumbents, there has to be some sort of waiting period (perhaps 1/4 of the office term) before we start this silliness.

Of late I have been seeing a lot of examples of people trying to claim that complex, even chaotic multi-variable systems are in fact driven by a single variable.  Whether it be CO2 in climate or government spending in Keynesian views of the economy, this over-simplification seems to be a hubris that is increasingly popular.

The worst example I believe I have ever seen of this was in the editorial page today in the Arizona Republic.  Titled Arizona vs. Massachusetts,  this article purports to blame everything from Arizona's higher number of drunk driving accidents to its higher number of rapes on ... the fact that Arizona has lower taxes.  I kid you not:

In the absence of discernible benefits, higher taxes are indeed a negative. We would all like to keep more of what we earn. That is, if there are not other negative consequences. So, it is reasonable to ask: What do Massachusetts citizens get for these increased public expenditures? A wide range of measures from widely disparate sources provide insight into the hidden costs of a single-minded obsession with lower taxes at all costs.

The results of such an investigation are revealing: Overall, Massachusetts residents earn significantly higher salaries and are less likely to be unemployed than those who live in Arizona. Their homes are less likely to be foreclosed on. Their residents are healthier and are better educated, have a lower risk of being murdered, getting killed in a car accident or getting shot by a firearm than are Arizonans. Perhaps these factors explain the lower suicide rate in Massachusetts than in Arizona as well as the longer life spans.

None of this supposed causation is based on the smallest scrap of evidence, other than the spurious correlation that Arizona has lower taxes at the same time it has more of the bad things the authors don't like.  The authors do not even attempt to explain why, out of the thousands of variables that might have an impact on these disparities, that taxation levels are the key driver, or are even relevant.

Perhaps most importantly, the authors somehow fail to even mention the word demographics.  Now, readers know that I am not very happy with Arizona Conservatives that lament the loss here of the Anglo-Saxon mono-culture.   I think immigration is healthy, and find some of the unique cultures in the state, such as on the large tribal reservations, to make the state more interesting.

However, it is undeniable that these demographic differences create wildly different cultures between Arizona and Massachusetts, and that these differences have an enormous impact on the outcomes the authors describe.  For example, given the large number of new immigrants in this state, many of whom come here poor and unable to speak English, one would expect our state to lag in economic averages and education outcomes when compared to a state populated by daughters of the revolution and the kids of college professors (see immigration data at end of post).  This is made worse by the fact that idiotic US immigration law forces many of these immigrants underground, as it is far harder to earn a good income, get an education, or have access to health care when one does not have legal status.  (This is indeed one area AZ is demonstrably worse than MA, with our Joe-Arpaio-type fixation on harassing illegal immigrants).

By the way, it turns out Arizona actually does pretty well with Hispanic students vs. Massachusetts  -- our high school graduation rate for Hispanics is actually 10 points higher than in MA (our graduation rate for blacks is higher too).  But since both numbers are so far below white students, the heavy mix of Hispanic students brings down Arizona's total average vs. MA.   If you don't understand this issue of how one state can do better than another on many demographic categories but still do worse on average because of a more difficult demographic mix, then you shouldn't be writing on this topic.

Further, the large swaths of this state that are part of various Indian nations complicate the picture.  AZ has by far the largest area under the management of tribal nations in the country -- in fact, almost half the tribal land in the country is in this one state.  These tribal areas typically add a lot of poverty, poor education outcomes, and health issues to the Arizona numbers.  Further, they are plagued with a number of tragic social problems, including alcoholism (with resulting high levels of traffic fatalities) and suicide.  But its unclear how much these are a result of Arizona state policy.   These tribal governments are their own nations with their own laws and social welfare systems, and in general fall under the purview of Federal rather than state authority.  The very real issues faced by their populations have a lot of historical causes that have exactly nothing to do with current AZ state tax policy.

The article engages in a popular sort of pseudo-science.  It drops in a lot of numbers, leaving the impression that the authors have done careful research.  In fact, I count over 50 numbers in the short piece.  The point is to dazzle the typical cognitively-challenged reader into thinking the piece is very scientific, so that its conclusions must be accepted.  But when one shakes off the awe over the statistical density, one realizes that not one of the numbers are relevant to their hypothesis: that the way Arizona runs its government is the driver of these outcome differences.

It's really not even worth going through the rest of this article in detail.  You know the authors are not even trying to be fair when they introduce things like foreclosure rates, which have about zero correlation with taxes or red/blue state models.  I lament all the negative statistics the authors cite, but it is simply insane to somehow equate these differences with the size and intrusiveness of the state.  Certainly I aspire to more intelligent government out of my state, which at times is plagued by yahoos focusing on silly social conservative bugaboos.  I am open to learning from the laboratory of 50 states we have, and hope, for example, that Arizona will start addressing its incarceration problem by decriminalizing drugs as has begun in other states.

The authors did convince me of one thing -- our state university system cannot be very good if it hires professors with this sort of analytical sloppiness.  Which is why I am glad I sent my son to college in Massachusetts.

PS- If the authors really wanted an apples to apples comparison that at least tried to find states somewhat more demographically similar to Arizona, they could have tried comparing AZ to California and Texas.  I would love for them to explain how well the blue state tax heavy model is working in CA.  After all, they tax even more than MA, so things must be even better there, right?  I do think that other states like Texas are better at implementing aspects of the red-state model and do better with education for example.  You won't get any argument from me that the public schools here are not great (though I work with several Charter schools which are fabulous).  For some reason, people in AZ, including upper middle class white families, are less passionate on average about education than folks in other states I have lived.  I am not sure why, but this cultural element is not necessarily fixable by higher taxes.

Update- MA supporters will argue, correctly, that they get a lot of immigration as well.  In fact, numerically, they get about the same number of immigrants as AZ.  But the nature of this immigration is totally different.  MA gets legal immigrants who are highly educated and who come over on corporate or university-sponsored visa programs.  Arizona gets a large number of illegal immigrants who get across the border with a suitcase and no English skills.  The per-person median household income for MA immigrants in 2010 was $16,682 (source).  The per-person median household income for AZ immigrants was $9,716.  35.3% of AZ immigrants did not finish high school, while only 15.4% of MA immigrants have less than a high school degree.  48% of AZ immigrants are estimated to be illegal, while only 19% of those in MA are illegal.  11% of Arizonans self-report that they speak English not at all, vs. just 6.7% for MA (source).

While Sheriff Joe was pursuing a vendetta against County officials, chasing down Mexicans with broken tail lights, and raiding dry cleaners demanding immigration papers, over 400 sexual assaults were going under-investigated.  According to the article, this was not an accident -- there was a real prioritization that put few resources in the special victims unit and put more and better staff on things like counter-terrorism (Phoenix being a well-known hotbed of terrorist activity).

The understaffing in the special-victims unit was due in part to the Sheriff's Office's priorities -- and the special-victims unit was not one of them, according to a half-dozen current and former sheriff's employees.

Despite a Maricopa County hiring freeze prompted by the faltering economy, the Sheriff's Office from 2005 through mid-2008 was hiring 45 to 50 new deputies annually and tackling initiatives that included counterterrorism and homeland-security enhancements. The office also embraced immigration enforcement, sending 60 deputies and 100 detention officers through a federal immigration-training program and creating a human-smuggling unit with at least 15 dedicated deputies.

Staffing in the special-victims unit remained unchanged during those years: four detectives....

The Sheriff's Office was allocated more than $600,000 in fiscal 2007 for six full-time positions for "investigating cases involving sexual abuse, domestic violence, abuse and child abuse." The Sheriff's Office now says the six new positions were to focus solely on child-abuse cases. In any event, they cannot say where those deputies went to work.

"We don't know," Chief Deputy Sheridan said. "We've looked, and we can't find any of those position numbers which were allocated for child-abuse cases."

This is due in part to the acknowledged misallocation of roughly $100 million in agency funds that had patrol deputies being paid out of an account designated for detention officers.

The department was almost certainly spending more on Joe Arpaio's PR than it was on the special victims unit.  Dozens of cases showed no investigation at all, and hundreds showed that no contact had been made either with the victim or the suspect.   Piles of case files were found random file cabinets and even one officer's garage.

Somehow the picture of my son posing with one of Joe Arpaio's new recruits got messed up in an earlier post.  I know you all were desperate to see it, so here is the repaired image.

Ken over at Popehat had a great article about  a proposed cyber-bullying law in Connecticut.  While he later reports the bill may have died in committee, it is still instructive to look at it, as its twin may well get passed in AZ and many other states are proposing such laws faster than the little animals pop up in a whack-a-mole game.

I am becoming increasingly convinced that these are all stealth attempts to protect politicians and public officials from criticism.  Look at the proposed law in CT:

(a) A person commits electronic harassment when such person, with intent to harass, annoy or alarm another person, transmits, posts, displays or disseminates, by or through an electronic communication device, radio, computer, Internet web site or similar means, to any person, a communication, image or information, which is based on the actual or perceived traits or characteristics of that person, which:
(1) Places that person in reasonable fear of harm to his or her person or property;
(2) Has a substantial and detrimental effect on that person's physical or mental health;
(3) Has the effect of substantially interfering with that person's academic performance, employment or other community activities or
responsibilities;
(4) Has the effect of substantially interfering with that person's ability to participate in or benefit from any academic, professional or community-based services, activities or privileges; or
(5) Has the effect of causing substantial embarrassment or humiliation to that person within an academic or professional community.

One of the tricks of these laws is to mix and thereby conflate outrageous behavior most all of us are willing to restrict (e.g. make a credible threat to someone's life) with everyday behaviors such as annoying people.

Let's say I were to write in my blog that, say, Joe Arpaio is an jerk and should not get re-elected.  Let's analyze the statement

• It's transmitted electronically
• It will very likely annoy Arpaio, since he is known to be annoyed by all criticism
• I am trying very hard to interfere with his employment by preventing his re-election

By this law, therefore, even this relatively mild criticism is illegal.   In fact, since all criticisms of politicians can be said to negatively affect their re-election chances, by part 3 any political criticism online would be illegal.

I honestly don't think this is a bug, it is a feature.  Already police departments and other public officials are using cyber-bullying laws to stomp on those who criticize them.

For those of you not in Arizona that wonder from all the articles about him why Sheriff Joe is still elected by almost landslide majorities, and why Republicans all over the state still beg him for his endorsement, here it is:

A subsequent examination of the sheriff's file showed that residents of Maricopa County wrote to him regarding the presence of Mexicans in greater Phoenix.

Citizens saw day laborers. They saw people with brown skin. They heard Spanish spoken.

And what the letters reveal is enormous anxiety about Hispanics:

• "I always see numerous Mexicans standing around in that area . . . These Mexicans swarmed around my car, and I was so scared and alarmed . . . I was never so devastated in my life regarding these circumstances . . . Although the Mexicans at this location may be within their legal right to be there . . . I merely bring this matter to your attention in order that all public agencies, FBI, etc., may be kept informed of these horrific circumstances."
• "I would love to see an immigrant sweep conducted in Surprise, specifically at the intersection of Grand and Greenway. The area contains dozens of day workers attempting to flag down motorists seven days a week."
• "The Mesa police chief drags his feet and stalls . . . the head of the Mesa police union is a Hispanic."
• "As a retiree in Sun City, formerly from Minnesota, I am a fan of yours and what you are doing to rid the area of illegal immigrants . . . when I was in McDonald's at Bell Road and Boswell (next to the Chase Bank) this noon, there was not an employee in sight, or within hearing, who spoke English as a first language — to my dismay. From the staff at the registers to the staff back in the kitchen area, all I heard was Spanish — except when they haltingly spoke to a customer. You might want to check this out."

And Sheriff Arpaio did check it out.

None of the Hispanics described in the letters had broken the law. It is not against the law to speak Spanish or work as a day laborer.

Arpaio nonetheless gave the correspondence to Deputy Chief Brian Sands. Federal Judge Snow determined that raids and roundups quickly followed. Hispanics were rousted because white people were uncomfortable.

Sheriff Joe once did a roundup in tony Fountain Hills, which I would be surprised if it had even 5% Hispanic population, and managed to drag in for various petty violations (e.g. cracked windshield) a group that was about 95% Hispanic.  His favorite thing to do, when he isn't busting into homes with Hollywood celebrities, is to send his deputies into a business and have them handcuff everyone with brown skin and refuse to release them until they or their family members have arrived to prove they are in the US legally.

This whole article is a good roundup of yet another abusive side of Arpaio, his flagrant disregard for public records laws and the rules of evidence.  In Maricopa County, "exculpatory evidence" and "shredded" have roughly the same meaning.

If nothing else, the OWS movement is helping ordinary Americans see the abuse of power that is so endemic in many police departments.  I am tired of the quasi-cult of police ass-kicking on average citizens, as fed by reality cop shows and folks like Joe Arpaio.  As Radley Balko points out, the casual way that the officer hoses down citizens who are just sitting on a curb with pepper spray is just outrageous.  From past experience, my guess is that these guys were ready to go limp and be dragged off - the pepper spray was just pure torture for the entertainment of the cops.

We would not do this to a terrorist in Gitmo, so why are we doing this to American citizens? I think I get particularly angry and intolerant of this kind of crap because I used to be the kind of law and order conservative that would excuse this kind of behavior, and that embarrasses me. The saying goes that a converted Catholic is often more fervent than a born one, so to I guess for this civil libertarian.

Joe Arpaio, I suppose seeing how Ben Quayle rode his writing gig for the Dirty into Congress, has decided he wants to compete with all manner of bottom-fishing web sites.  He has created a special web feature in a what he states is an attempt to drive more people to his web site -- the goofy booking photo of the day.

Several local lawyers, including some mental health advocates, are asking if it is appropriate for a sheriff to run online contests to vote for the inmate with the worst booking photos.  This is a great example of a situation (like video surveillance) where public officials have less, rather than more rights and privileges than ordinary citizens.  Kudos to Scott Ambrose for making a point that is seldom made, and we should remind politicians of all the time:

Arpaio says that booking photos are aired in the news media every day. A local alternative weekly even took a page from Arpaio's playbook earlier this year and let readers have fun with some of the sheriff's mug shots.

"Sheriff Joe will argue that 'I can do this because New Times can,' " Ambrose said. "There's lots of things the government can't do that you and I can."

I have another question - for what possible public purpose is Arpaio spending taxpayer money to drive people to his web site?  This is so incredibly self-serving its hard to believe, but fits right in with Arpaio's whole history of taxpayer-funded self-promotion.

PS-  I have always argued that booking photos should not be public information, as they amount to an improper punishment.  The legal system has a technical term for someone who has been arrested but has not gone to trial:  Innocent.

http://ktar.com/category/local-news-articles/20110215/Arpaio-leads-in-poll-for-Senate-race/

The early returns are in, and right now it would seem Maricopa County Sheriff Joe Arpaio has the early edge in replacing Jon Kyl.

According to Roll Call, Arpaio led a field of potential Republican candidates by 21 percent in a poll of likely GOP primary voters.

Though this makes us feel better, a little

Maricopa County's self-proclaimed "toughest sheriff in America," Joe Arpaio, says he's considering running for the U.S. Senate seat being vacated by Senator Jon Kyl.

That said, New Times guaran-damn-tees he won't actually run.

"The issue is whether I want to leave this office and go to Washington and try to make a difference there, which I would do if I run and win," the 78-year-old Arpaio tells The Hill. "I think I could do that job."

Sorry, Joe, we've heard it all before.

As you may recall, Arpaio pulled a similar stunt last year when he claimed to be considering running for governor. And he did the same thing four years earlier, when he also claimed he was mulling over a run for the governorship.

In neither case did Arpaio actually run.

You see, Arpaio seems to get off on seeing his name in the headlines, and what better way to make that happen than to continually fuel speculation about potentially running for office -- and a poll showing he's the front-runner certainly doesn't help things.

Update: This was an interesting post about how TV has become far more accepting of police and proprietorial abuse in its heroes, comparing quasi-terrorist Steve McGarrett from the current incarnation of Hawaii 5-0 with the respectful and conscientious Jack Lord version.  Next up, the new show Arpaio 4-8?

Like many libertarians, I am tempted not to vote each election, though I usually do.  However, choosing between whatever lesser evil exists in the Coke or Pepsi party gets tiresome.  Given that, I have never voted in a party primary, until yesterday when I voted in the Republican primary simply to vote against Andrew Thomas for state Attorney General.  Thomas has for years been Joe Arpaio's chief enabler and of late as County Attorney has spent his time launching frivolous lawsuits against his political enemies, from County supervisors to judges.  When attorneys from adjacent counties would not support his suits, he sought criminal charges against them.

Most recently, it was revealed that a series of grand juries, which typically will indict an inanimate object, not only refused to indict in several of his cases but ordered him to shut down the investigation entirely.  This useless prosecution of a County Supervisor turned out to be part of a plan.  When Thomas decided to vacate the County Attorney position to run for state DA, he disagreed with many of the County Supervisors as to who his replacement should be, and as narrated in this letter, began filing charges against Supervisors to deny them a quorum  (apparently some quid pro quo discussions, of the sort "we will drop the charges if you vote how we want" were actually recorded and turned over to the US Attorney, so if Thomas should win his election we be following the NY/Spitzer path of having our top state legal officer facing felony charges and disbarment.

Unfortunately, Thomas (and Arpaio) have somehow become folk-heroes among lame-brained Arizona voters, who tend to accept any sort of civil rights violations by officials as necessary measures to maintain the peace in the face of the dreaded Mexican immigration wave, so their re-election chances are not necessarily hurt by near Louisiana or Chicago levels of abuses of power.

I was tempted not to vote -- you know, one vote won't matter -- because I felt downright icky actually voting in the Coke primary.  But in AZ, the Coke primary is pretty much the election since the state is so full of Coke voters, so I did it.  As it turns out, my vote may matter.

99.7% of Precincts Reporting
(2232 of 2239 Precincts)

Don't know a thing about Tom Horne, but I eagerly voted for him as not-Thomas.  Here is the lock of the week:  with a vote this close, Thomas will keep this in the court for months, perhaps years.  If he gets the wrong decision, he will go after the judge, and if that doesn't work.....

Update: Apparently, Arpaio got his guy elected in the race to fill Thomas's county attorney seat, so I suppose once we get rid of one Arpaio-enabler we just end up with another.  I took Arpaio's list of people he endorsed yesterday and the only votes I cast were for whoever the challenger was to team Arpaio.

Update #2: This is a depressing quote (emphasis added)

Oddly, the truth-telling was attributed to our own local Pinocchio, Sheriff Joe Arpaio, in regards the decisive victory of Bill Montgomery over interim Maricopa County Attorney Rick Romley.

"That's going to make my job very easy," Arpaio said of Montgomery's win.

On this blog, over the last couple of months, I have presented a pretty clear set of facts showing that, with the possible exception of some rural border regions beset by drug gangs, the vast majority of Arizona has experienced rapidly falling crime rates, in fact crime rates falling much faster than in the rest of the country.  The crime rates of even our key border towns has remained flat.

What to make, then, of these statements by our governor.

Gov. Jan Brewer on Friday reiterated her assertion that the majority of illegal immigrants are coming to the United States for reasons other than work, saying most are committing crimes and being used as drug mules by the cartels.

Brewer's remarks are an expansion of comments she made last week during a televised debate between the four Republican gubernatorial candidates....

In the debate, Jette [a candidate running against Brewer] said that most people who cross illegally into Arizona are "just trying to feed their families." Brewer disputed that, saying, "They're coming here, and they're bringing drugs.

And they're doing drop houses, and they're extorting people and they're terrorizing the families." The governor, who has become a national media figure since signing Senate Bill 1070 into law on April 23, went further on Friday, saying that the "majority of the illegal trespassers that are coming (into) the state of Arizona are under the direction and control of organized drug cartels."

When pressed, Brewer said that even those who do come to the United States looking for work are often ensnared by the cartels.

"They are accosted, and they become subjects of the drug cartels."

Estimates are that there are 8-12 million illegal immigrants in the US (Brewer's hispano-phobic allies would put the number much higher).  They are mostly all drug dealers and criminals?  Really?

I try really hard not to try to guess at what motivates folks I disagree with by assuming they are driven by something dark and evil, but how else in this case can one describe opinions like this so contrary to facts as anything other than prejudice against a particular ethnic group?

Just look at the actions of our governor and folks like Joe Arpaio.  If it really were the case that illegal immigrants are all criminals uninterested in legal work, then why is so much recent legislation aimed at business owners that hire illegal immigrants?  Or at day labor centers?  Why are all of Sheriff Joe's immigration sweeps raiding lawful businesses rather than, say, crack houses?  After all, if illegal immigrants are all just drug dealers not looking for real work, why spend so much time looking for them, uh, doing real work?

Postscript: If Brewer is in fact correct, then there is a dead easy solution for the illegal immigration problem -- legalize drugs.  She and I both agree that the worst criminal elements of illegal immigrants would be much less of a problem without the illegal drug trade.  The only difference is that I think that segment makes up less than 1% of the population of illegal immigrants, and she thinks its everyone.

Further, to the extent that some illegal immigrants just trying to support their families are "ensnared" by drug cartels (whatever that means) it is because of their immigration status.  Make them legal residents of the country, and no one has any particular leverage over them.

Note to Commenters: Many, many of you have disagreed with me vociferously on immigration.  Please, I would love to see reasoned comments defending Brewer, particularly with data.  In particular, please use the laws of supply and demand to explain how the majority of 8-12 million people are able to earn a living in the illegal drug trade in the southwest.  To help you out, there are about 6.6 million people in Arizona.  Based on national rates of 8% of over age 12 being users, about 500,000 of those are illegal drug users.  One estimate is that there are 500,000 illegal immigrants in Arizona.

Update: Are she and I living in the same state?

Arizona GOP Gov. Jan Brewer claimed recently that law enforcement has been finding beheaded bodies in the desert "” but local agencies say they've never encountered such a case.

"Our law enforcement agencies have found bodies in the desert either buried or just lying out there that have been beheaded," Brewer said Sunday, suggesting that the beheadings were part of increased violence along the border.

But medical examiners from six of Arizona's counties "” four of which border Mexico "” tell the Arizona Guardian that they've never encountered an immigration-related crime in which the victim's head was cut off.

I like to prominently highlight when I have been wrong.  In the past, I have said that the US follows a double standard on our Mexican and Canadian borders.  Where are the Canadian wall proposals?  Where are the Canadian workers getting handcuffed by Joe Arpaio.

But apparently I was wrong.  The US is working hard to apply an equal level of obnoxiousness to Canadians.

Proponents of tougher immigration enforcement often use crime as their big scare factor in trying to influence people to their point.  Only tougher laws and Joe Arpaio, they caution, stand athwart the coming immigrant rape of Phoenix.

But when the case is built on one or two high-profile crime where the perpetrator has not even been identified, rather than statistics, we can be suspicious of how strong the case is.  I have cited historical figures here, but the WSJ has the new figures for 2009:

Violent crime fell significantly last year in cities across the U.S., according to preliminary federal statistics, challenging the widely held belief that recessions drive up crime rates.

The incidence of violent crimes such as murder, rape and aggravated assault was down 5.5% from 2008, and 6.9% in big cities. It fell 2.4% in long-troubled Detroit and plunged 16.6% in Phoenix, despite a perception of rising crime that has fueled an immigration backlash....

In Phoenix, police spokesman Trent Crump said, "Despite all the hype, in every single reportable crime category, we're significantly down." Mr. Crump said Phoenix's most recent data for 2010 indicated still lower crime. For the first quarter of 2010, violent crime was down 17% overall in the city, while homicides were down 38% and robberies 27%, compared with the same period in 2009.

Arizona's major cities all registered declines. A perceived rise in crime is one reason often cited by proponents of a new law intended to crack down on illegal immigration. The number of kidnappings reported in Phoenix, which hit 368 in 2008, was also down, though police officials didn't have exact figures.

And just to head off the obvious straw man, 2008 was not somehow a peak year, it was actually well below historical levels.

I was forwarded an email today, and I can't honestly figure out the source since it is one of those that has been forwarded a zillion times, but at some point it passed through the Arizona 2010 Project.  It consisted mainly of pictures of desert areas along major immigration routes that had been trashed by illegal immigrants.  This picture is pretty typical.

Certainly an ugly site, particularly for someone who lives and works in the outdoors as I do.

Here is a quote, I think from the original email but it may have been from one of the forwarders (emphasis added):

This layup is on an 'illegal super - highway' from Mexico to the USA (Tucson) used by human smugglers.

This layup area is located in a wash area approximately .5 of a mile long just south of Tucson.

We estimate there are over 3000 discarded back packs in this layup area. Countless water containers, food wrappers, clothing, and soiled baby diapers. And as you can see in this picture, fresh footprints leading right into it. We weren't too far behind them.

As I kept walking down the wash, I was sure it was going to end just ahead, but I kept walking and walking, and around every corner was more and more trash!

And of course the trail leading out of the layup area heading NORTH to Tucson, then on to your town tomorrow.

They've already come through here. Is this America the Beautiful?  Or another landfill?

The trash left behind by the illegals is another of the Environmental Disasters to hit the USA. Had this been done in one of our great Northwest Forests or Seashore National Parks areas there would be an uprising of the American people........but this is remote Arizona-Mexican border.

Well, it so happens my life is spent cleaning up public parks.  My company's mission is to privately operate public parks.  A lot of that job is picking up and hauling away the trash.  And I can tell you something with absolute certainty:  This is exactly what a highly trafficked area in our great Northwest Forests or Seashore National Parks would look like if someone wasn't there to pick up.  Here is one example from a northwest forest, in Oregon:

We run busy campgrounds and day use areas all over the country, and you would not believe the trash on the ground on a Monday morning.  And this is after the place was cleaned on Sunday morning and with trash cans available every 10 feet to throw things away correctly.  I have seen a few areas in the National Forest that were busy ad hoc camping areas -- meaning they had no facilities, no staff, and no trash cans -- and they were absolutely trashed by good old red-blooded American citizens.  Parts looked no different than this picture.  Most of these areas have since been closed, because of this ecological damage.

In fact, in my presentation I make to public agencies about our services, I say that we are actually in the environmental preservation business.  By attracting recreators to defined areas of the wilderness where we have staff to clean up after the visitors and limit their impact on nature, we are helping to preserve the other 99% of the land.

So, yes this is ugly, but it frustrates me that this is used to play into the Joe Arpaio type stereotypes of Mexicans

All these people that come over, they could come with disease. There's no control, no health checks or anything. They check fruits and vegetables, how come they don't check people? No one talks about that! They're all dirty. I sent out 200 inmates into the desert, they picked up 18 tons of garbage that they bring in"”the baby diapers and all that. Where's everybody who wants to preserve the desert?"

To my mind, this is an argument against Mexican immigration in the same way that violence against women is used as an argument against legalizing prostitution.  Prostitutes suffer abuse in large part because their profession is illegal which limits their access to the legal system when victimized, not because violence is inherent to their profession.  Trash in a wash in the desert is a result of the illegality of immigration that forces people into stream beds rather than city check points when they enter the country.

Postscript #1: Please, if you are a good, clean, thoughtful user of public parks, do not write me thinking I have dissed you.  I have not.  Most of our visitors are great and thoughtful, and we really appreciate that.  But it takes only a few to make an unbelievable mess.

Postscript #2: I am willing to believe that poorly educated immigrants have fewer litter taboos than we have been acculturated with.   But I have seen enough to say that no ethnic group out there should be too smug.  For God sakes, there had to be a large effort near the top of Mt. Everest to clean up a huge dump that had accumulated of oxygen bottles and other trash near the summit.   Here are pictures of what rich Americans and Europeans do on Mt Everest when they are hiking and there is no trash can nearby:

Back in college, I burned a lot hotter on a variety of political issues.  I would argue with about anyone, and often did.  The dinner table was almost always the venue for some political fight.  During those arguments, I quickly discovered something -- people nominally on my side of the argument were sometimes my biggest problem.  I remember any number of times telling some person to shut up and let me argue the point.  People email me all the time asking me to ban some idiot commenter trolling in opposition to all my posts.  I tell them I am much more likely to ban an idiot commenter nominally supporting my point than the other way around.

Which brings me to Eric Holder:

"I've just expressed concerns on the basis of what I've heard about the law. But I'm not in a position to say at this point, not having read the law, not having had the chance to interact with people are doing the review, exactly what my position is," Mr. Holder told the House Judiciary Committee.

This weekend Mr. Holder told NBC's "Meet the Press" program that the Arizona law "has the possibility of leading to racial profiling." He had earlier called the law's passage "unfortunate," and questioned whether the law was unconstitutional because it tried to assume powers that may be reserved for the federal government.

Rep. Ted Poe, who had questioned Mr. Holder about the law, wondered how he could have those opinions if he hadn't yet read the legislation.

"It's hard for me to understand how you would have concerns about something being unconstitutional if you haven't even read the law," the Texas Republican told the attorney general.

I have never been totally comfortable with the Democratic support of immigration anyway.  The party, particularly under this administration, seems to take the position that the government can be as authoritarian as it likes, as long as it does not discriminate racially in doing so.  This post hypothesizes that the Democrats' support for immigration is political rather than principled, a desire to create the next new underclass that can be exploited for political points, and I can't really disagree based on past history.

Readers know I support open immigration.  I see immigration restrictions as government licensing of who can and can't work (and who can and can't be hired) -- an intrusion Conservatives would likely reject in any other context.  Since I am opposed to immigration limits, I am opposed to giving government extra powers in the name of enforcement, in the same way I oppose, say, asset seizure laws originally aimed at enforcement of drug prohibition.

I acknowledged that the law is less onerous in its amended form (because, you see, I actually read the whole thing, here and here for example), but what the law's supporters fail to deal with in claiming the letter of the law will not be enforced in a racist manner is how even existing law is being enforced here in Phoenix by Joe Arpaio in a racist manner.  When Joe goes into a business, and handcuffs all the people with brown skin, releasing them only when a relative or friend races to the police station with a birth certificate, it is an ugly, un-American scene (here or here or here).  I would take supporters of the bill more at their word as to how the law will actually be used in practice if they were not the same people actively cheer-leading Joe Arpaio at every turn.

I have a new theory -- that the most dangerous circumstances for individual liberty in this country are when Conservatives and Liberals agree.  When there is some issue where the authoritarianism of the right coincides with the authoritarianism of the left, then watch out.  The example I offer today is child molestation prosecutions, where the law and order Right meets the smug for-the-children moralizing of the Left.  Where Janet Reno meets Joe Arpaio.

Congrats to Tonya Craft for her acquittal, and here's hoping (though there is not much chance) that the prosecutors and particularly that jackass of a judge suffer some sort of negative consequences from their outlandish abuse of due process.  My jury experience on a similar case here.

Update:  And speaking of Sheriff Joe...

Exclusionist Conservatives in Arizona are quick to defend themselves against charges of racism.  While I tend to be an pro-immigration hawk, I accept that there are issues, such as the conflict of immigration and the welfare state, where reasonable people can disagree as to solutions without any hint of racism charging the debate.  I really, really resist playing the race card on anyone.

However, if Conservatives really want to discourage charges of racism, they need to  stop playing on fears of immigrant crime as a main argument in their case (example from Expresso Pundit).  Such fears of minority group violence are part and parcel of every racist position in history.   The out-group is always vilified as criminal, whether it be blacks in the 60's or Italians and Eastern Europeans earlier in the century or the Irish in the 19th century.

There is no evidence either recently or throughout history of immigrant-led crime waves, and in fact as I wrote the other day crime rates in Arizona are improving throughout this "invasion" at a faster rate than the US average. So when Conservatives grab a single example, such as the Pinal County shooting  (for which no suspects have been identified) as "proof" we need immigration reform, they are no different than Al Sharpton grandstanding based on the Tawana Brawley case  (and possibly these cases could be even more similar, update: or perhaps not).

Stop trying to manufacture a crime spree that does not exist.  Sure, illegal immigrants commit some murders.  So do every other group.  There is no evidence they commit such murders at a disproportionate rate.  And yes, I understand there are violent, paramilitary gangs roving Northern Mexico, which currently is in a state of chaos, that we really don't want to spill over into Arizona.  But this has been a threat for years, and for all the fear, there is no evidence that they are somehow increasing their activities here.  And even if they were, laws that give Joe Arpaio additional power to harass day laborers in Phoenix are sure as hell not going to scare them off.