Arizona’s wayward sheriff

What does Sheriff Joe Arpaio have to hide?

For years the Maricopa County, Ariz., lawman has vehemently denied allegations that his deputies engage in racial profiling and unconstitutional searches and seizures while prosecuting their boss’ immigration enforcement policies. But now, when given the opportunity by the Justice Department to lay those charges to rest, Arpaio is digging in his heels and refusing to comply with a demand for records and documents.

This obstruction is baffling. If he’s doing nothing wrong, Arpaio should welcome the federal scrutiny; he should make his case and clear the air. What’s more, as noted in the federal suit filed last week against Maricopa County, the sheriff’s office and Arpaio, failing to turn over the documents is a violation of Arpaio’s statutory, regulatory and contractual obligations. Recipients of financial assistance from the Department of Justice are required by the Civil Rights Act of 1964 to provide access to all sources of information related to Title VI investigations and compliance. Last year alone, Maricopa County received more than $15 million from the department.

Since the Justice Department’s Civil Rights Division began investigating the sheriff’s office in March 2009, a handful of papers have been forwarded to it, but numerous requests have either been ignored or flatly refused. On July 7, 2009, Arpaio held a news conference and publicly stated that his office would not cooperate with the investigation.

What does he have to gain by attempting to thwart the federal government? Ever the savvy politician, the sheriff is racking up points at home by playing the victim. Along with Gov. Jan Brewer, he has affected a full-blown persecution syndrome, complaining that the government is harassing him and is out to “get” all of Arizona. Furthermore, if the Justice Department already had a case against him, he says, it would not need to fish around in his records and documents — an ironic argument coming from someone who built a national reputation by demanding papers from immigrants and jailing those who do not provide them.

Arpaio is not the victim of a government conspiracy or legal shenanigans. The financial arrangement with the Justice Department is a contractual agreement entered into voluntarily by Maricopa County. Arpaio should take his own oft-repeated advice about lawbreaking and follow the rules.