Arpaio counsel Tim Casey, who has enriched himself mightily in county coin by representing the sheriff, argued that Mary Murguia was conflicted by her sibling's position and enmity toward Arpaio. Casey further argued in the motion for recusal he signed that Mary Murguia had a "natural bias" against his client, a suggestion she took exception to.
Murguia observed that the natural-bias assertion "could easily be interpreted as an argument that this court's alleged bias somehow flows from her racial heritage."
Aj Alexander
Homeland Security secretary, immigration hawk, and law enforcement extremist Janet Napolitano.
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The jurist also found the notion absurd that any reasonable individual "would automatically ascribe the views of one sibling to another." She rejected every one of Casey's legal arguments for her recusal. But, ultimately, she concluded that she "must be vigilant to avoid even the slightest appearance of impropriety" and granted the defense's motion. The case is now assigned to Lawrence O. Anderson, a magistrate judge, though it's expected that his role will be temporary.
Both the plaintiffs' attorneys and Judge Murguia noted that her sister's job was no secret, and that the defense counsel should have known about it. However, they didn't object to Mary Murguia until 13 days after she ruled against a February motion to dismiss the case. Keep in mind, Murguia had been assigned to the case since 2007.
Aiding Murguia in her decision was the fact that Arpaio's lawyers hit her sister with subpoenas seeking all written correspondence between them concerning Arpaio, the 287(g) program, and allegations of abuse. There were also subpoenas for correspondence between Janet Murguia and the U.S. Department of Justice, the ACLU, MALDEF, Steptoe & Johnson, Somos America, ACORN, Phoenix Mayor Phil Gordon, Chicanos por la Causa, County Supervisor Mary Rose Wilcox, "the media," any member of Congress, Homeland Security, ICE, and her brother Ramon Murguia, a federal judge in Kansas.
This, of course, is standard operating procedure for Arpaio and his faction. Go on a fishing expedition. Go after family members. Create a conflict where none exists.
MALDEF attorney Kristina Campbell opined that Murguia was probably already going to rule as she did on the motion to recuse herself, but the subpoenas might've helped spur the process.
"I can't fault her," Campbell told me. "If my family were being attacked like that in a very personal way . . . I can understand why she recused herself. I wish she hadn't done it, but I respect her decision, and she set forth her reasons very eloquently."
Strong-arming a federal judge by going after her family. Accusing a Hispanic jurist of having a "natural bias" against whitey, when you're the poster great-granddaddy for racial profiling yourself. Call it brass, call it shamelessness. Arpaio and his flunkies are so weighed down by it, it's a wonder they can bend over to tie their Florsheims.
FISHHEADROT
Anyone catch the item reported by Fox 10 News' Sarah Acevedo about the dozen or more cars hit with swastikas and other racist graffiti in Fountain Hills?
Fountain Hills is Arpaio's stomping ground, and the MCSO provides law enforcement for the town. Acevedo felt duty-bound to give the sheriff a call about the vandalism. Arpaio was out of town, but via long distance, he condemned the vile vandalism to Fox 10, according to Acevedo.
Arpaio has a funny way of showing his disapproval, giving neo-Nazis the time of day and a photo-op at a May 2 counterdemonstration to the anti-Joe "Walk for Respect." As I reported in my May 14 cover story ("Ja, Joe!"), Neo-Nazis, extremist nativists, and white supremacists love the sheriff, and since he's an egomaniac on par with Benito Mussolini, Arpaio tends to love anyone who showers him with affection.
Call it the love that dare not speak its name — at least not during an MCSO press conference.
One of those affected by the Fountain Hills incident was a resident whose girlfriend's ride was tagged by the not-yet-apprehended neo-Nazi punks involved. The man, who lost family members in the Holocaust, was miffed by the demeanor of MCSO deputies who took his girlfriend's complaint. To another news outlet, he mentioned their "blasé" attitude.
Hey, the swordfish rots from the sheriff down.
The message is clear to the sheriff's National Socialist supporters: On Mexicans, they and Arpaio are on the same page. Arpaio's attitude emboldens them and encourages such pro-Aryan antics. It may be an unintended consequence on Arpaio's end, but it's a consequence all the same.