They would have to expand their inquiry if they want to be able to take stronger investigative tacks, such as subpoenaing records or convening a grand jury.
The U.S. Justice Department remains mum on whether it is considering expanding its probe of the Maricopa County Sheriff’s Office beyond the civil rights inquiry. Critics of the sheriff are asking federal investigators to look at financial management, campaign finance and other tactics beyond the immigration raids involving the MCSO, according to officials familiar with the investigation who asked not to be identified.
Arpaio said earlier this month his office would no longer cooperate with the federal inquiry, contending its politically motivated by his critics. He also steadfastly denies any wrongdoing when it comes to the other possible investigative avenues.
The Justice Department is investigating the MCSO under a civil rights statute to see if the sheriff is unfairly targeting Hispanics in crime sweeps and immigration raids.
But a civil rights probe does not allow investigators to subpoena records, convene a grand jury or raid the sheriff’s offices, according to officials familiar with the investigation.
MCSO would not face any penalties under the current investigation.
“It’s a civil statute that only provides for injunctive relief,” said Robert Driscoll, Arpaio’s attorney in the matter.
Injunctive relief would entail a court order to stop an action. In this case, it would involve telling MCSO to stop or change the actions it takes during crime sweeps and immigration raids. The office has conducted those throughout the Valley over the past year, including raids of various businesses suspected of employing illegal immigrants and areas where migrant day laborers congregate.
The Arpaio camp says it has seen no indication that the federal inquiry has been expanded. Driscoll said he has asked the Justice Department to look at whether its investigation is legitimate or politically motivated, but has not received a response.
Federal investigators have been conducting interviews regarding the civil rights inquiry and MCSO tactics. They can also access information from the discovery phase of a lawsuit filed in federal court by the American Civil Liberties Union and Hispanic groups, which claim the sheriff’s raids unfairly target Hispanics.
The Justice Department, which is heading the federal investigation, declined to talk about other possible avenues it might take in light of Arpaio not cooperating with the civil rights inquiry.
“The Justice Department’s independent investigation of the Maricopa County Sheriff’s Office is open and ongoing. Since the outset, we’ve been clear that the Civil Rights Division began looking into this matter last year and decided to open an investigation based on facts and the department’s duty to impartially enforce the law,” said Justice spokesman Alejandro Miyar.
“Unfortunately, the Sheriff’s Office has not cooperated with this investigation. We hope that the Sheriff’s Office will change course and begin cooperating with the investigation. We look forward to working with the jurisdiction if it ultimately decides to cooperate with our investigators,” Miyar said.
http://www.bizjournals.com/phoenix/stories/2009/07/13/daily83.html
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