Saturday, November 29, 2008

'Maybe Napolitano needed to get out of her office a little more'

More than a decade ago, Napolitano was in a position to help curb Arpaio's excesses. As a U.S. attorney in 1995, she was put in charge of a Justice Department investigation into atrocious conditions in Arpaio's "tent city." Napolitano carried out her task with what can best be described as reluctance, going out of her way to protect Arpaio from flak almost before the probe had started. "We're doing this with the complete cooperation of the sheriff," she told the Associated Press. "We run a strict jail but a safe jail, and I haven't heard from anyone who thinks that this is a bad thing."

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The Justice Department's final report, issued about two years later, confirmed a list of disgraces, including excessive use of force, gratuitous use of pepper spray and "restraint chairs" (since blamed for at least three inmate deaths), and hog-tying and beating of inmates. It also said Arpaio's staffing was "below levels needed for safety and humane operations."

The Justice Department filed suit and settled with the sheriff the same day after Arpaio agreed to administrative changes, including limiting the use of pepper spray and improving inmate grievance procedures. Napolitano stood with Arpaio at a press conference in which she, according to the Arizona Republic, "pooh-poohed her own lawsuit as 'lawyerly paperwork.' " Arpaio called the result a vindication.

"Let me say this for the people of Maricopa County," he told the Republic. "The chain gangs stay. The tents stay. The pink underwear stays. All my programs stay. … This has nothing to do with my policies and programs."

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