Defending People

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Why Maricopa County Matters

Scott Green­field asks:

It’s grown tedious hear­ing about, and writ­ing about, the doings of Crazy Joe in Mari­copa.  No doubt he has a few more bul­lets in his gun that will soon whis­tle through the air.  If there’s no one, from the Gov­er­nor to the United States Attor­ney to the indicted Chair­man of the Board of Super­vi­sors to the judges to the lawyers to the cit­i­zens, with the guts to take him on, then why waste more time or band­width on Joe Arpaio?

Fair ques­tion.

Here (h/t Geoff Berg of Par­ti­san Grid­lock) is the answer: if we let Sher­iff Joe eat our corn­bread, we’re gonna be iron­ing his draw­ers and clip­ping his toe­nails. If the vot­ers of Mari­copa County are allowed to elect a despot who freely dis­re­gards and cows the judi­cial branch of gov­ern­ment, then next year it’ll be Pima County and after that Cochise County and then some­where in New Mex­ico or Utah or the wilds of Col­orado until even­tu­ally it’s next door.

Mari­copa County has a full-fledged con­sti­tu­tional cri­sis that threat­ens the repub­li­can form of gov­ern­ment (guar­an­teed by Arti­cle IV Sec­tion 4 of the U.S. Con­sti­tu­tion) in that county.

Am I exag­ger­at­ing? Stu­dents of the Con­sti­tu­tion have always real­ized that our tri­par­tite gov­ern­ment relies on the good will of the exec­u­tive (which con­trols the use of vio­lence) and the leg­isla­tive (which con­trols the money) to do what the judi­ciary (which con­trols bup­kus) says.  When the guys with all of the guns stop lis­ten­ing to the guys in black robes, they stop par­tic­i­pat­ing in our Constitutionally-formed gov­ern­ment and become no bet­ter than warlords.

Sher­iff Joe is what we get when we leave our form of gov­ern­ment, rather than just the peo­ple serv­ing us in it, up to the scared white Repub­li­cans. His con­duct, and his reelec­tions, are proof that the vot­ers of Mari­copa County do not love the Con­sti­tu­tion. If the sher­iff feels free to dis­re­gard court orders, what is to stop him and his army from stay­ing on even after the vot­ers get tired of him? Sure, there is a leg­isla­tive office some­where (state? county?) that con­trols his bud­get right now, but once War­lord Joe has the judi­ciary under his con­trol, he’ll be able to find money some­where and tell the leg­is­la­ture to piss off too—they don’t have any guns either.

The main­stream media are pay­ing no atten­tion, and every­body from the vot­ers to the judges in Mari­copa County seems to be either effete or com­plicit. Why should guys like Scott spend any more time or band­width on Mari­copa County? Because tyranny must be stopped some­where, and it thrives in darkness.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

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19 Responses to “Why Maricopa County Matters”

  1. shg says:

    There’s a say­ing, “God helps those who help them­selves.” We in the blaw­gos­phere aren’t in a posi­tion to take it to the streets, and the only response we’re get­ting from the locals is that they don’t know to do and they’re afraid of Crazy Joe. There’s a world of trou­ble out there, with plenty of good folks pre­pared to do the right thing, even though they would pre­fer to sit home and watch TV. They need and deserve what­ever help we can offer. But we can’t be every­thing to everyone.

    I would be happy to help the hap­less of Mari­copa if they are pre­pared to do some­thing to help them­selves. Up to now, there’s been no indi­ca­tion of that. The locals need to take charge of their own lives and seize their homes back from Crazy Joe. They need to stop ask­ing us to do it for them. We’re not the gov­ern­ment. We have no army. We surely aren’t God. Just some blawgers. We’ve shined the light on Mari­copa, but it’s time for the locals to take respon­si­bil­ity for their own situation.

    • Mark Bennett says:

      All true, but as long as we keep shin­ing our lit­tle light on it, there is at least some hope that some­one out­side of Mari­copa County—like Eric Holder—might notice and do some­thing about it. If we sur­ren­der Mari­copa County to dark­ness, tyranny has a per­ma­nent beachhead.

      • shg says:

        Give a man a fish…

        They’ve got to take the risk of stand­ing up for them­selves. All of them.

        • Jameson Johnson says:

          Mr. Green­field has said many times that Mari­copa county lawyers are not capa­ble of stand­ing up for them­selves. I renew my offer to use my well-appointed guest house, my ka-billion air­lines miles, and pro hac vice admis­sion for Mr. Green­field to use when he comes down to show us all how it is done. Or any­one else, for that mat­ter. You could even get in some golf… the guest house is not quite 8 blocks from the near­est course. Weather should be in the high 50s right through Christmas.

  2. Mickey Fox says:

    What we have heah, is a complete…lack of respect…for the law.

    Despots will always be revered and reviled. We can see the revul­sion, the rev­er­ence, how­ever, lies in sta­bil­ity and pre­dictabil­ity (a la Tito). This is why these idg­its remain in power and why their con­stituents fight so hard to keep them there (the ONLY flash­light in a dark tunnel?)

    I agree with you — we need to keep shin­ing the light on such things and hope­fully, like cock­roaches, they even­tu­ally go hide.

  3. Jeff Gamso says:

    But Mark’s right. I admit that I’ve become obsessed with what’s hap­pen­ing in Mari­copa. But I think it’s impor­tant to keep at it. Yeah, we’ve shined a light the main­stream media hasn’t picked up. But it doesn’t do to say, “You’ve had your chance. It’s over now. We’re done.”

    More blog­gers are rais­ing their voices. I’ve got the local crim­i­nal defense lawyers in Toledo rag­ing. It should be put to NACDL (I could post on their list­serv, and maybe I’ll start.) Even­tu­ally, maybe, some of the main­stream media pick it up.

    The Phoeni­cians do have to stand up for them­selves or, like their name­sakes, they’ll end up extinct, but it’ll obvi­ously take more sup­port than they have. They’re fear­ful and hud­dled. To aban­don them to that is to aban­don everyone.

  4. shg says:

    The choice isn’t aban­don or enable, Jeff. We can con­tinue doing what we’re doing, but the Phoeni­cians (I like that) need to join the bat­tle for real.

  5. […] Green­field even started los­ing inter­est, but Mark Ben­nett argued Mari­copa mat­ters. That prompted another post from Scott about what power, if any, us […]

  6. […] was elected and re-elected. Now, I’m not going to rehash what is going on there.  Other, more capa­ble peo­ple then I are doing so.  But I want to go back to that […]

  7. Jameson Johnson says:

    The lat­est end run was a Fri­day after­noon search war­rant served upon the com­pany that is the IP provider for Mari­copa County. Three times var­i­ous Ari­zona courts have denied Arpaio and Thomas access to the Supe­rior Court’s emails. With the Pre­sid­ing judges both under inves­ti­ga­tion, and United States Attor­ney Den­nis Burke on the self-congratulatory cock­tail cir­cuit, there appears to be no one will­ing or able to push back against this rend­ing of the Constitution.

    If any­one is inter­ested in query­ing the Jus­tice Depart­ment as to why there has been no action what­so­ever in the past two years, I will pro­vide con­tact infor­ma­tion for the Civil Rights Division’s inves­ti­ga­tor in charge of the Mari­copa County Task Force.

    Sarah Stella Lopez
    Inves­ti­ga­tor
    U.S. Depart­ment of Jus­tice
    Spe­cial Lit­i­ga­tion Sec­tion
    (202) 305‑0372 (direct)
    (202) 514‑4883 (fax)
    Sarah.Lopez@usdoj.gov

  8. […] York, New York), Brian Tan­nebaum (crim­i­nal defense attor­ney in Miami, Florida) and, par­tic­u­larly, Mark Ben­nett (crim­i­nal defense attor­ney in Hous­ton, Texas), I’ve found myself want­ing to delve a little […]

  9. […] the cit­i­zens and legal com­mu­nity here are inac­tive or com­plicit. Mark Ben­nett, a lawyer from Texas, writes in his blog, Stu­dents of the Con­sti­tu­tion have always real­ized that our tri­par­tite gov­ern­ment relies on the […]

  10. […] the cit­i­zens and legal com­mu­nity here are inac­tive or com­plicit. Mark Ben­nett, a lawyer from Texas, writes in his blog, Stu­dents of the Con­sti­tu­tion have always real­ized that our tri­par­tite gov­ern­ment relies on the […]

  11. Mary says:

    Ques­tions from an outsider:

    1. Is it not a “con­sti­tu­tional cri­sis” when the fed­eral gov­ern­ment declines to pro­tect our bor­ders from a stealth invasion?

    2. Aren’t the peo­ple accus­ing Sher­iff Arpaio them­selves some­what suspect?

    3. Which con­sti­tu­tional prin­ci­ples is Arpaio threat­en­ing? Pink under­wear? Liv­ing in tents? It’s not clear what you all mean by basic civil rights.

  12. […] I said here, and as “Kathryn” so ably demon­strates, the vot­ers of Mari­copa County do not love the […]

  13. […] arti­cle to which she refers, by Dawn Teo in the Huff­in­g­ton Post, had a direct link to the post in which I attrib­uted War­lord Joe’s suc­cess to scared white Repub­li­cans; more­over, the link […]

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