Sen. Pearce on the Supervisors, Courts, Arpaio & Thomas

A m e r i c a n P o s t – G a z e t t e

Distributed by C O M M O N S E N S E , in Arizona

December 24, 2009

Senator Russell Pearce

I am concerned

Like most of us, I am very concerned about the appearance of the “circle the wagon” mentality going on in the courts, Maricopa County and by the Arizona Bar (an arm of the Supreme Court (mostly liberal trial attorneys). There certainly appears to be a culture of corruption. When folks feel our courts are above scrutiny, we run a great risk to the checks and balances of power by anyone branch.

The appointment of Former Chief Justice McGregor: While I have worked with Former Chief Justice Ruth McGregor and I like her and feel she is very competent, she certainly has the appearance of conflict, she was who appointed Superior Court Presiding Judge Barbara Rodriquez Mundell (a focus of the investigation) to her position and worked with her for the past several years. (By the way phantastic she is a Democrat).

“These are the times that try men’s souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of his country; but he that stands it now, deserves the love and thanks of man and woman.” –Thomas Paine

I also know County Attorney Andrew Thomas and know him to be a man of integrity and passion for justice and fairness. Even that being said, I am glad we have a system with proper checks and balances to ensure justice. Like most other folks I am greatly concerned about what is going on in Maricopa County.

I am concerned that Judge Mundell created a court to hear “Spanish speaking cases” in violation of the Constitution of the equal protection clause. Especially if there is evidence that the sentences are more lenient than those for English speaking defendants.

I am concerned that the Maricopa County Courts refused to enforce Proposition 100 a Constitutional Amendment passed by 78% of Arizonans to deny bond to illegal aliens who commit serious crimes in Arizona and pose a flight risk and public safety concern to all Citizens.

I am concerned that Judge Mundell handpicked judges to sit on cases where there was evidence of bias and prejudice.

I am concerned (nothing illegal perhaps) that in a time when we are cutting critical public safety positions the Maricopa County Board proceeds with a $350 million capital construction project.

I am grateful that we have a system with checks and balances. We do not live in a ‘Judacracy’ or a police state. One of the greatest threats is a Judiciary that treads into law making or policy setting modes. None of them have ultimate power and should not and we the people should always recognize our ability to remove those who violate public trust or abuse of power. We should elect our Judges as we use to and as we do in Arizona’s other 13 counties. Then “We the People” can and should be in charge of government and those that serve us in these critical positions of public trust.

That is why law enforcement investigates, a Constitutional Office called County Attorney reviews and decides if “probable cause” exists and if so files a complaint that must be signed by a Judge. Then there is a hearing to decide if indeed there is sufficient evidence to proceed to trial and then a trial by a jury of our peers is critical to final justice.


  1. End the corruption in Maricopa County says

    I’m not sure it’s a good idea to have McGregor involved as the person adjudicating this. Besides the fact that she is a Democrat (so she may show favoritism toward Tom Irvine, the Supervisors and Superior Court’s attorney who used to be the attorney for the Arizona Democratic Party), she is part of our state court system and active in the State Bar, which has gone after Andy numerous times over complaints that were ginned up.

    I suppose the argument is that there could have been worse people appointed to oversee the prosecutions of Stapley and Wilcox (can you imagine having someone like left wing criminal defense attorney and former State Bar president Ed Novak, the partner of Irvine, overseeing this?) but that still doesn’t mean she’s the right person.

    I’m going to reserve judgment for now and give her a chance.

  2. Thank you Senator Pearce! The checks and balances are critical in a law abiding civilization. Here we have a situation where the supervisors don’t like those checks and balances so they attack them. Just like Obama, they assume a fascist profile and simple do whatever they please. They circle the wagons and ignore the rules. They have no respect for law, law enforcement nor the Constitution. I mentioned Obama already didn’t I?

    What is wrong with just allowing the legal process to work? If they have nothing to hide, why are they trying to hide everything? They even stop anyone from looking into their actions. There are so many issues with the Taj Mahal alone, I don’t know where to start.

    If only there were some agency or office that could do an AUDIT they supervisors can’t control. These little fascist must be stopped.

  3. TruthJustice says

    Senator Pearce is very perceptive. I am concerned that the deck is stacked in the courts favor. If you delve into Special Master McGregor’s staff you will see that Cari Gerchick was her special assistant for many years. Now…Cari works for the County Board of Supervisors as a lawyer. This will not pass the smell test. These people have there own little ‘ex parte’ communications network. It is downright disturbing how this is shaking out.

  4. Is Russell Pearce capable of talking about anything without bringing up illegal aliens? It seems to be an obsession of his.

  5. Joe:

    Sen. Pearce brings up the subject of illegal immigration, because it’s at the root of political corruption in this state within both the political and economic communities and its costs are borne by law-abiding taxpayers!

    I for one, am damned glad of his obsession!

  6. TruthJustice says

    We can only hope that McGregor puts her past connections behind her and allows justice to occur. There is no reason to not allow the the appointment of special prosecutors in this case. She must be aware of appearance of bias with her connections to Mundell and Cari Gerchick. As its been so aptly noted, the subject of illegal immigration appears to be the root cause of most of these corrupt actions…Wilcox – por la causa, Mundell – spanish-speaking court and hiding all the Taj Mundell activity with the BOS…and the BOS putting up all the ‘blockades’ to justice. It would be refreshing to find a judge that doesn’t have any appearance of bias.

  7. Actually, Carlist, the root of our problems is not illegal immigration – it is the wickedness of the human heart – which is why Christians are celebrating Christmas today

  8. Arizona Ranger says

    Senator Pearce has reminded us of the critical need for a working system of checks and balances. And boy do we need that system today! Lets hope this will allow the “system” to identify whatever level of corruption is ongoing in our courts and with our Board of Supervisors. I too “smell a rat” with both the Courts and the BOS and we the people deserve an in-depth investigation of both. I believe that our County Attorney is a man of high ethics and is carrying out the responsibilities of his position. Both the Courts and the BOS are hiding many activities and relationships. That is not acceptable in our society and thus the need for an in-depth investigation by Mr. Thomas. The “culture of corruption” must end and the guilty parties dealt with appropriately.
    Senator Pearce is rightly concerned about the many, many negative and outright harmful impacts that illegal immigrants have created. This is OUR country and it has been invaded–we have every right to stop this activity. Senator Pearce deserves our respect and support for championing this effort.
    We understand that many accusations have been exchanged by all parties, but for now, my bet is on Attorney Thomas and Senator Pearce-both of these men are good examples of present day Heroes in Arizona!

  9. Amen Sen Pearce! Setting the record straight, again

  10. Ron:

    Your criticism of my prior post is conceded…to a point!

    Ww all are infected by Origianl Sin. This manifests itself in many ways. However in our state, among a few others, it reveals itself in a defiance of immigration law by our financial/political elites who then hide behind a phony sanctimony and lawyer inspired sohistry to damn those who would hold them accountable!

  11. How humane is it decade after decade to refuse to set into place a coherent guest worker and sensible immigration policy?

    By not properly addressing the issue of businesses needing workers and foreigners looking for work but not really wanting to immigrate, the system is currently designed to encourage criminality on all levels, in all sectors. Everyone becomes someone with something to hide from the law.
    Instead of having legal guest worker IDs and work permits which can be shown to border agents, people dodge the agents and the law and are dealing with thuggy coyotes who demand regular payments, who when cornered, flee and leave truckloads of people to die in the desert.
    Isn’t that EXACTLY the sort of brutality that our society rejected when confronting the high seas slaving trafficking – hundreds of AFricans dumped into the ocean by slavers to avoid being caught with them when cornered by the British navy anti-slave campaign?

    Amnesty is a political gimmick to get votes, not fix the problem. Further, criminals and terrorists easily exploit the systems provided by the coyote traffickers.
    Businesses employing illegals pay less, dodging national and state compensation laws, cover up, and are vunerable to bribery, and blackmail.

    Illegal immigration may not be the root of all evil, but it’s the root of quite a number of evils, most of which could be 100% avoidable with common sense laws.

  12. Carlist claims original sin shows itself in supposed defiance of ‘elites’ to enforcing immigration laws. Does anyone else find that a little odd?

  13. The self-serving duplicity of Mr. Pearce’s words are nothing new. If Sandra Day O’Connor was appointed Special Master, I have no doubt Mr. Pearce, Sheriff Arpaio, and their assorted nativist minions would find fault.

    The legal community, even in Marikafka County, is very small. Judges, lawyers, and investigators are all inter-related. It is impossible to find someone to be a special master who is without connection to anyone at all.

    The time is coming when the Justice Department will step in indictments pursuant to 18 USC 241 and 242. The same sort of civil RICO complaint that sits in Judge Snow’s inbox will be (rightly) filed against the people who contributed to the SCA debacle.

    History will show us that Thomas is not Maricopa County’s savior, but it’s Pontius Pilot.

  14. GOP Boomer Gal says

    Wanumba nailed it.

    NCV….this Justice Department is so corrupt; refusing to investigate the thugs outside the polling places in PA; if they’re going to indict anyone, it should be the ACORN mafioso for election corruption.

  15. Todd:

    I said that we’re all saddled with Original Sin and it manifests itself particulurly in our poltitical financial elites determination to avoid enforcing immigration laws. Nothing new, odd or particular about it!!

    As one Navy vet to another I would not expect Sandra O’Connor to be any different than the B.O.S. and our Congressional delegation as to having a “three monkeys” program in force regarding enforcement of immigration laws.

    I’d also remind you Vet, that every country on earth has immigration laws. We, and I guess, you’re in that crowd, choose not to enforce ours, Republicans for financial reasons and Democrats for political ones.

    Bug again, as one vet to another I would have to ask you what is the sense on waging a “War on Terror” when we deliberately open our ports and borders to potential terrorists?

    Perhaps you, Wanumba and Joe can clue me in?

  16. I’m concerned we have a County Attorney who can’t see the wisdom of sending cases against his political opponents to another county to avoid the obvious claim that the is abusing his power for political gain.

    And I’m concerned about a County Attorney who is so afraid of presenting his case to a grand jury that he files a direct complaint against a judge he does not like and then calls a press confernece where he can’t even explain the crime.

    And I’m concerned that an elected Republican prosecutor in Yavapai County, with full knowledge of the facts, was so disgusted by Arpaio’s tactics that she felt compelled to condem them.

    And I’m very concerned that Dave Hendershott would then, and only then, report her to the FBI.

    And I’m concerned that one of our elected officials doesn’t know who is on the Arizona Supreme Court and somehow thinks it is packed with liberal trial lawyers.

    And I’m concerned that Russell Pearce thinks that “a complaint that must be signed by a judge” started the case against Judge Donahoe. The complaint is nothing more than Mr. Thomas’ confusing say so.

    And I’m concerned that Thomas and Arpaio put together an ill-conceived scheme to smear Judge Donahoe as soft on crime and then denied knowing anything about it when their assertions were proved plainly false.

    I’m concerned that a significant number of bloggers reflexively rise to the defense of Arapaio and Thomas and assume every attack on them is an attack on their immigration stance. It is possible, you know, that they could be right on immigration enforcement and just dead wrong on the prosecution of their political opponents. Two separate issues. Really. Blathering on about how tough Arpaio and Thomas are on illegal immigration pretty much proves you’re missing the whole point.

    Yup, there’s much to be concerned about.

  17. Carlist Says:
    December 26th, 2009 at 5:32 pm
    Perhaps you, Wanumba and Joe can clue me in?
    About what?

  18. Wanumba:

    Read my the last paragraph of my post (Substituting “but” for “bug” and you’ll
    be aware of the request.

    Incidentally, I’m waiting for a reply from you or any other in this regard!

  19. Glick:

    If you’ve been following the Arpaio/Thomas B.O.S. wars and have looked into them, you’ll see that illegal immigration is the core issue.

    As a matter of fact, it’s the core issue dividing Arizona’s GOP.

    One doesn’t need a rocket science degree to figure that out!

    If you’re also really “concerned” about the County Attorney’s actions, you breathe a sigh of relief that he hasn’t used a grand jury.

    Submitting complaints with no cross examination will ensure that a G.J. will, in New Yorkese lexicon, “indict a ham sandwich”!

    And if you’re really “concerned” you might even pass around a hat at the AZ CofC and League of Cities & Towns on behalf of Mary Rose and Don!

    Or better yet, form your own legal defense fund with an accompanyig fan club!

    “Concern” can go a long way!

  20. Carlist Says:
    December 28th, 2009 at 9:01 am
    Read my the last paragraph of my post (Substituting “but” for “bug” and you’ll
    be aware of the request.

    Incidentally, I’m waiting for a reply from you or any other in this regard!
    My previous posts and comments on this subject state my position, so I’m a bit confused as to what else you are asking for.

    A generalized comment: any war on anything has multiple fronts and theatres of war. From propaganda to diplomacy to infiltration, spying, disruption, sabotage, skirmishes, all the way to the collision of two massive armies on a traditional battlefield.

    I don’t even like the term “War on Terror” when it’s a war against Islamofascism or Radical Islam. “Terror” is a tactic, not a title. Bin Laden and Al Qaeda have LONG publically provided their stated and written goal to re-establish the old Caliphate (The farthest expansion of the Ottoman Empire) with the purpose of using that to expand it into a new global Caliphate. Most of the globe of 6 billion people isn’t interested in being conquered and having to live subjugated as second-class citizens under such harsh rule.
    Afghanistan isn’t “war” unto itself, but a “Theatre of War, likewise Iraq is another “theatre of war.” Likewise, the attacks at Ft. Hood were an ambush in another theatre of war. Al Qaeda has stated that they consider anyone not them, to be enemy combatants, including infants; their battlefields anywhere including busses, trains, planes and military bases – even military recruiting offices.

    No one had any trouble keeping this straight in WWII, it’s not the “German War” and the “Japan War,” but World War II, with the European and Pacific Theatres of war.

    Americans must be dligient on ALL fronts and must be able to discern quickly an reliably who is a genuine treat and who isn’t. WHo would have guessed Pakistan would cooperate better than supposed ally France after 9/11?

    Well, anyone who was aware of Chirac’s history of bribery problems wasn’t surprised.

  21. Carlist:

    I suppose you are trying to be funny in lieu of any real response. Sad.

    You might want to read Robert Robb’s piece in the paper this morning about how some legitimately concerned about immigration have become blind to Thomas and Arpaio’s abuse of power. In fact, Thomas and Arpaio are actually huting the cause against illegal immigration. By making wild, unsupportable, baseless conspiracy and criminal claims they are distracting time, resources and attention from the real problem of immigration. By reporting Sheila Polk to the FBI they turn a ally on immigration into an enemy.

    Is there anyone out there that thinks that what Arpaio and Thomas are doing right now is helping the cause against illegals? What is going to happen to the fight against illegal immigration when these two crash and burn fighting their war of political retribution. It isn’t going to be pretty.

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