Arpaio’s Attorney Speaks Out After Donald Trump’s Pardon Of Ally | AM Joy | MSNBC


>>> SO LOOKING BACK, WOULD YOU HAVE DONE ANYTHING DIFFERENTLY WITH THE IMMIGRATION SWEEPS? >> NO, MY GUYS DID NOTHING WRONG AND I DIDN'T DO ANYTHING WRONG I HOPE WITH THE HELP OF MY ATTORNEY WE'LL OUTLINE THAT AT THE PRESS CONFERENCE

>> ACCORDING TO "THE WASHINGTON POST," DONALD TRUMP TRIED TO INTERVENE IN THE FEDERAL CASE AGAINST FORMER ARIZONA SHERIFF JOE ARPAIO BEFORE THE CASE EVEN WENT TO COURT THIS PAST SPRING HE ASKED ATTORNEY GENERAL JEFF SESSIONS IF HE COULD DROP CHARGES AGAINST ARPAIO WHEN HE WAS TOLD THAT WOULD BE INAPPROPRIATE, HE DECIDED TO GRANT HIM CLEMENCY THE WHITE HOUSE CONFIRMED THAT POST REPORT SAYING IT WAS A NORMAL DISCUSSION ON LEGAL MATTERS AS A REMINDER, ARPAIO WAS CONVICTED FOR IGNORING A JUDGE'S ORDER TO STOP DETAINING PEOPLE OF COLOR THAT HE FELT LOOKED LIKE UNDOCUMENTED IMMIGRANTS

HE WAS FACING UP TO SIX MONTHS IN PRISON, BUT WILL NOT SERVE ANY SENTENCE NOW JOINING ME, JOE ARPAIO'S ATTORNEY, JACK WILENCHIK WHAT IS JOE ARPAIO FEELING LIKE TODAY? >> WELL, AS YOU HEARD, HE EXPECTS TO MAKE SOME PUBLIC STATEMENTS THIS COMING WEEK, AND YOU KNOW, WE HAVE BEEN SAYING THIS IS A CULMINATION OF A LONG EFFORT BY THE WAY, I HAVE TO CORRECT SOMETHING THAT YOU SAID THERE THERE'S BEEN A LOT OF MISINFORMATION

THIS WAS NOT CONVICTION FOR RACIAL PROFILING OR TARGETING PEOPLE OF COLOR, THIS WAS CONVICTION FOR IGNORING A JUDGE'S ORDER THAT SAID YOU'RE NOT AN IMMIGRATION OFFICER AND THEREFORE DO NOT ACT LIKE AN IMMIGRATION OFFICER >> LET'S PUT IT UP YOU'RE A LAWYER LET'S PUT IT ON THE SCREEN THE 2013 — >> I CAN'T SEE THE SCREEN

>> I WILL READ IT 2013 ORDER THAT SHERIFF ARPAIO DIDN'T COMPLY WITH FOR WHICH HE WAS CONVICTED OF CONTEMPT >> 2011 >> THERE'S 2013 AND 2011 >> THERE'S A 2011

YOU HAVE THE WRONG ORDER THAT'S OKAY >> LET ME READ WHAT IT SAYS MARICOPA SHERIFF'S OFFICE ENJOINED FROM USING HISPANIC ANCESTRY OR RACE IN ANY FACTOR MAKING LAW ENFORCEMENT DECISIONS PERTAINING TO WHETHER A PERSON IS AUTHORIZED TO BE IN THE COUNTRY NOW PUT UP THE 2011 REPORT FROM THE JUSTICE DEPARTMENT, SEPARATE ISSUE ALL TOGETHER

MARICOPA COUNTY SHERIFF'S OFFICE ENGAGES IN RACIAL PROFILING OF LATINOS, ROUTINELY PUNISHES INMATES FOR FAILING TO UNDERSTAND COMMANDS GIVEN IN ENGLISH CHRONIC CULTURE OF DISREGARD FOR LEGAL CONSTITUTIONAL OBLIGATIONS FAIR TO SAY RACE IS A VERY BIG PART OF THIS >> WELL, SO THE ORDER YOU PUT UP THERE, AGAIN, I CAN'T SEE IT, THAT'S THE 2013 ORDER HE WAS NEVER CONVICTED OF VIOLATING THAT ORDER AND SHERIFF'S OFFICE COMPLIED WITH THAT

2011 ORDER HE WAS CONVICTED OF VIOLATING WHICH SAID DO NOT DETAIN ANYBODY BASED SOLELY ON BEING ILLEGAL ALIEN WITHOUT MORE AND THE BASIS FOR THAT WAS THE SHERIFF'S OFFICE HAD PREVIOUSLY BEEN DEP U ADVERTISED TO BE IMMIGRATION OFFICERS AND HAD THAT AUTHORITY REVOKED BY THE OBAMA ADMINISTRATION IN 2009, SO IN 2011 A FEDERAL COURT JUDGE SAID YOU'RE NO LONGER IMMIGRATION OFFICERS, DON'T ACT LIKE THEM THE PROBLEM BECAME THE SHERIFF'S OFFICE LOOKED AT THE ORDER AND SAID WELL, WE'RE NOT DETAINING PEOPLE JUST FOR BEING ILLEGAL ALIENS, ONLY REASON WE WOULD IS IF WE TURNED THEM OVER TO ICE

OR BORDER PATROL THAT'S WHAT HE — >> THAT'S NOT COMMON PRACTICE, THAT'S — >> AND THAT NEVER HAPPENED HERE >> ON WHAT BASIS WAS SHERIFF ARPAIO AND DEPUTIES DETAINING PEOPLE THAT OTHERWISE WONTD BE DETAINED, OTHER THAN THE FACT THEY THOUGHT THEY MIGHT BE UNDOCUMENTED IMMIGRANTS? >> GREAT QUESTION THEY WERE AWFUL LAWFUL STOPS, AND THE GOVERNMENT ADMITTED THAT LAWFUL STOPS, ONE CASE STOPPING A GUY ON SUSPICION OF ARMED BURGLARY

WHAT HAPPENED IS AFTER THEY WOULD CLEAR THE GUY, THEY WOULD LEARN HE POTENTIALLY WAS AN ILLEGAL IMMIGRANT SOMEBODY WOULD BE STOPPED, ASKED FOR LICENSE AND REGISTRATION, WOULDN'T HAVE AN AMERICAN ID, MAYBE HAVE A MEXICAN PASSPORT, ONLY SPEAKING SPANISH, THE DEPUTY WOULD ASK IN SPANISH ARE YOU HERE LEGALLY AND THE GUY WOULD ADMIT I AM NOT HERE LEGALLY THE DEPUTY WOULD CALL ICE

OR BORDER PA TREEL, I HAVE AN ILLEGAL ALIEN, BORDER PATROL EVERY CASE SAID BRING THEM HERE THAT'S WHAT HE WAS CONVICTED OF THAT'S WHAT HIS OFFICE IS ACCUSED OF DOING IT IS A COMMON PRACTICE >> AGAIN, THIS IS WHERE THE ISSUE IS, NOT REALLY COMMON PRACTICE MAYORS OF CHICAGO, SAN FRANCISCO, NEW YORK, MAYORS ACROSS THE COUNTRY WHO ARE SAYING IT IS NOT COMMON PRACTICE, IT HURTS OUR ABILITY TO POLICE WHEN PEOPLE DON'T COME TO THE POLICE BECAUSE THEY THINK OUR JOB IS TO TURN THEM OVER TO IMMIGRATION AUTHORITIES

TO SAY IT IS EMPIRICALLY NOT COMMON PRACTICE IN AMERICA TO DO THAT >> ALI, THIS IS WHY WE HAVE TRIALS THEY HAD A BORDER PATROL TESTIFY IT IS COMMON PRACTICE I AM QUOTING HIM THIS IS NOT CHICAGO, THIS IS THE STATE OF ARIZONA, WE ARE ON THE BORDER

THAT WAS HIS TESTIMONY, THAT IS COMMON PRACTICE AT THE TIME AND CURRENTLY AMONGST LAW ENFORCEMENT AGENCIES IN THE STATE OF ARIZONA >> THE 2009 INSTRUCTION BY THE OBAMA ADMINISTRATION APPLIED TO BOTH CHICAGO AND ARIZONA IT IS A FEDERAL LAW THAT A SHERIFF IS NOT ACTUALLY SUPPOSED TO BE ABOVE >> NO SO THERE'S A 2009 — THEY REVOKED HIS AUTHORITY

>> CORRECT THEY REVOKED IF ONE'S AUTHORITY IS REVOKED, ONE CAN'T DO THAT THING >> THE CONFUSION BECAME CAN WE STILL COOPERATE WITH THE FEDS IN OTHER WORDS, IF WE HAVE A GUY, WE'VE DONE A LAWFUL STOP, WHETHER SUSPICION OF ARMED BURGLARY, WHATEVER IT WAS, AND LEARN HE IS AN ILLEGAL ALIEN, CAN WE TURN HIM OVER TO THE FEDS

THE JUDGE WASN'T CLEAR UNTIL 2013 UNTIL HE SAID DO NOT TURN THEM OVER, OR HOLD THEM TO BE TURNED OVER TO THE FEDS >> IS IT LIKELY SHERIFF JOE ARPAIO WHO HAS BEEN AT THIS FOR DECADES WAS ACTUALLY CONFUSED? >> ABSOLUTELY THAT WAS OUR DEFENSE AT TRIAL THE PROBLEM WE HAD AT TRIAL WAS WE HAD TO TRY CONTEMPT OF COURT TO THE COURT THAT WASN'T A FAIR TRIAL

ASKED FOR A JURY FOUR OR FIVE TIMES TRYING CONTEMPT OF COURT IS LIKE TRYING THE CRIME TO THE VICTIM WE NEVER GOT A JURY TRIAL AT THIS POINT, ALL THAT'S LEFT TO DO IS THE PRESIDENT TO STEP IN AS A CHECK ON THE SYSTEM, THERE WERE SERIOUS DOUBTS ABOUT THE CONVICTION AND I BELIEVE THE PRESIDENT BELIEVES IT IS A WRONGFUL CONVICTION TO PARDON HEIR HIM >> BRING IN RICHARD PAINTER WHO SEES IT DIFFERENTLY

RICHARD? >> WELL, PART OF THE PROBLEM HERE IS THERE'S AN ATTITUDE TOWARD JUDGES THAT'S REALLY VERY DESTRUCTIVE WE SEE THIS WITH THE PRESIDENT WHO HIMSELF SAID A MEXICAN AMERICAN JUDGE SHOULD BE DISQUALIFIED OR RECUSED FROM HEARING HIS CASE BECAUSE THE JUDGE IS MEXICAN AMERICAN, MIGHT BE BIASED AGAINST THE PRESIDENT WE HEARD THAT DURING THE CAMPAIGN THE PRESIDENT AGAIN WHEN COURTS OF APPEAL STRUCK DOWN HIS IMMIGRATION ORDER REFERRED TO SO-CALLED JUDGES WE HAVE HERE A SHERIFF WHO WAS TOLD TO DO SOMETHING BY A JUDGE AND DIDN'T DO IT

THAT IS CONTEMPT OF COURT THAT'S WHAT HE WAS CONVICTED OF DOING WE NEED TO HAVE RULE OF LAW AND ORDER IN THIS COUNTRY IF A JUDGE TELLS SOMEBODY TO DO SOMETHING, THEY DO IT AND THAT INCLUDES THE PRESIDENT OF THE UNITED STATES, A SHERIFF, OR ANYONE ELSE

THAT'S LAW AND ORDER I THINK THAT THERE PRESIDENT HAS SHOWN CONTEMPT FOR LAW AND ORDER WHAT HE DID WAS TRY TO OBSTRUCT JUSTICE IN THIS INVESTIGATION BY GOING TO JEFF SESSIONS, SAME PLAY BOOK HE USED WITH THE RUSSIAN INVESTIGATION WHEN THAT DOESN'T WORK, FOLLOWS THROUGH WITH A PARDON AND I FULLY EXPECT HE MAY TRY THE SAME WITH THE RUSSIAN INVESTIGATION

SO THIS IS ABOUT A LOT MORE THAN THE TRIAL OF SHERIFF JOE IN ARIZONA THIS IS A NATIONAL PHENOMENA, DISRESPECT FOR THE JUDICIARY, DISRESPECT FOR RULE OF LAW AND ORDER AND VERY DANGEROUS FOR OUR COUNTRY >> LET ME ASK YOU THIS, JACK WHAT IS JOE ARPAIO GOING TO GET OUT OF A PRESS CONFERENCE ON THIS TOPIC? >> WELL, AT THIS POINT AS WE ALL KNOW, SHERIFF JOE DOES A LOT OF TALKING TO THE MEDIA AND WHILE THE CRIMINAL CASE WAS PENDING ON THE ADVICE OF MYSELF AND CO-COUNSEL, WE TOLD HIM NOT TO TALK TO MEDIA AND AT THIS POINT I THINK HE'S JUST BEEN DYING TO DO THAT, AND TO GET HIS VOICE HEARD

HE HAS THE FIRST AMENDMENT RIGHT TO DO THAT >> I WILL SAY, YOU SAID THE SHERIFF, I'M NOT SURE I AM ON THIS ONE, THE SHERIFF MAY HAVE BEEN CONFUSED BY THE 2009 ORDER AND IT WAS CLARIFIED IN 2011 >> '13 >> 2009 IS WHEN THE OBAMA ADMINISTRATION LIFTED HIS ABILITY TO DEAL WITH THIS LET'S BE CLEAR

THAT'S WHAT THIS STEMS FROM SO THE POINT IS IN THIS PAST DECEMBER, THE SHERIFF HAS GONE ON AND SAID HE PROVED THAT PRESIDENT OBAMA IS A KENYAN BORN MUSLIM I'M A KENYAN BORN MUSLIM, HE WASN'T AT ANY OF THE MEETINGS THIS HAS TO SORT OF HURT HIS CREDIBILITY HELPS YOUR ARGUMENT THAT THE SHERIFF, FORMER SHERIFF MAY BE CONFUSED THOUGH

>> LET'S NOT FORGET, HE IS AN 85-YEAR-OLD MAN, THERE'S A LOT OF TESTIMONY WHAT HAPPENED AT TRIAL, THERE WAS TESTIMONY FROM EVERYBODY AT THE SHERIFF'S OFFICE, EVEN HIS OWN LAWYER, CHIEFS, LIEUTENANTS, SERGEANTS, EVERYBODY READ THAT ORDER, NOBODY UNDERSTOOD IT SO IF HE IS IN CRIMINAL CONTEMPT OF COURT, THEY ALL WERE I THINK IT IS PORE WHAT MR PAINT ARE SAID, IT IS IMPORTANT TO RESPECT THE COURTS

THE ORDER HAS TO BE CLEAR AND DEFINITE JUDGE SAYS YOU NEED TO STAND IN COURT, IF YOU DON'T STAND UP, THAT'S CRIMINAL CONTEMPT THE JUDGE SAYS YOU SAY ONE MORE BAD THING — >> HE WAS HELD IN CONTEMPT THE JUDGE MADE THAT DETERMINATION SO THE SHERIFF, YOU MAY HAVE A DIFFERENT VIEW, THE JUDGE DID MAKE THAT DETERMINATION

>> INCORRECTLY, ABSOLUTELY IF NOT FOR THE PARDON, WE WOULD HAVE APPEALED THIS >> THANKS FOR BEING WITH US WE APPRECIATE IT GOOD TO SEE YOU BOLT

Source: Youtube


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