Here’s a very rare event, a prosecutor getting disbarred for ethics violations. It almost never happens. And this time, it happened to one of fascist Sheriff Joe Arpaio’s closest allies. And he was nailed for the very thing that Arpaio has been accused of time and time again, using his authority to punish his political enemies.
A three-member state disciplinary panel ruled that ex-Maricopa County Attorney Andrew Thomas abused his powers as a prosecutor to target his political enemies. Because of that, they ruled he would be disbarred.
One of Thomas’ top aides, Lisa Aubuchon, was also disbarred for her role in the misconduct. A second aide, Rachel Alexander, had her law license suspended for six months.
The punishments are scheduled to take effect May 10. All three are expected to appeal the ruling…
Politically, Thomas and Arpaio were almost inseparable during their years as the top law enforcers in Maricopa County. They supported each other on almost every issue and often found themselves locked together in heated battles with judges and other local government officials.
Those battles were ultimately what led to the ethics case against Thomas.
Investigators with the State Bar of Arizona said somewhere along the way he became obsessed with his political enemies. He turned disagreements over policy into a full-fledged attempt to see his opponents jailed and disgraced.
With Arpaio’s help, investigators said, Thomas used the powers of his office to target his opponents with criminal investigations. He had some arrested and some charged with crimes. The evidence he and Arpaio used in the process was often questionable. The charges rarely stuck.
Throughout it, Thomas and Arpaio said that they were on a mission to root out corruption in local government. When ethics investigators came calling several years ago, Thomas said he was the victim of a witch hunt by the local establishment. He said it was part of a conspiracy to maintain the status quo.
Presiding Disciplinary Judge William O’Neil announced the decision Tuesday morning, Arizona time, from the bench of the state Supreme Court. He said the panel sided with the Thomas and his former aides on a few of the 33 charges against them. But he said there was “clear and convincing evidence” that they violated the rest.
Balko wrote about Thomas a couple years ago at Reason’s Hit and Run:
The most recent mess in Maricopa pits Thomas and Apraio against…well, just about everyone else. The two have been squabbling with members of the county board of supervisors for years over the construction of a $341 million county courthouse tower, which both feel is a waste of money. They might have a point. But Arpaio and Thomas are using criminal law as a cudgel in the dispute.
Last month, Thomas indicted two county supervisors on some petty financial disclosure violations. When Maricopa County Superior Court Judge Gary Donahoe issued a ruling pertaining to the court tower investigation that Arpaio and Thomas didn’t like, Thomas then indicted Donahoe for bribery, onthe absurd premise that as a judge who works in the courthouse, Donahoe (who is retiring soon) would have benefited from the new tower. That indictment came shortly after Donahoe held one of Arpaio’s deputies in contempt after a highly-publicized incident in which the deputy was caught on video stealing documents from the file of a defense attorney in open court.
Using criminal charges—or the threat of them—to silence political opponents has become something of a habit for Thomas. He has indicted more than a dozen public officials who have criticized him or Arpaio. He has launched or threatened criminal investigations into dozens of others, including politicians, columnists, and other media figures who have dared to criticize him or the sheriff. When Phoenix Mayor Phil Gordon asked for a federal investigation of Arpaio’s immigration enforcement tactics, Arpaio and Thomas investigated him too, attempting to snoop on Gordon’s email, appointment book, and phone records. Thomas even recently threatened to criminally investigate a defense attorney for issuing public statements in support of his client.
One down, one to go.
10 comments
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Marcus Ranum
April 13, 2012 at 12:51 pm (UTC -4) Link to this comment
He said it was part of a conspiracy to maintain the status quo.
That’s almost beautiful in its postmodernist purity: a conspiracy not to do anything.
John Hinkle
April 13, 2012 at 1:39 pm (UTC -4) Link to this comment
Wow, indicting a judge after a ruling they didn’t like? That’s some cajones.
Their predatory behavior is frightening. I wonder if there’ve been any mysterious “accidents” that could be pegged to these bozos.
rabbitscribe
April 13, 2012 at 1:47 pm (UTC -4) Link to this comment
Donahoe was also charged with interfering with a criminal investigation for his censure of the sticky-fingered deputy. No, I am not making that up.
Ace of Sevens
April 13, 2012 at 1:57 pm (UTC -4) Link to this comment
This sounds like it calls for a criminal indictment, not just a disbarring. I understand there’s a nice tent city outside of town that has quite a few residents familiar with Thomas’s work.
nonpersonhobofico
April 13, 2012 at 3:01 pm (UTC -4) Link to this comment
I guess they succeeded.
D. C. Sessions
April 13, 2012 at 3:13 pm (UTC -4) Link to this comment
Ed, I don’t think Andy Thomas is a useful counterexample to the general rule on cozy immunity for the Good Old Boys’ Club. Prosecutors can get away with damn near anything, but charging the judges hearing your cases really is a bit above and beyond.
We use “insane” a lot for things like the Republican War on Women, but Andy stands out for what may well be the real thing. Grizzly bears are easy to piss off, but what can you say about someone who decides that grizzlies are for pissing on?
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PS: Joe Arpaio just flipped off the DOJ when they were trying to reach an out-of-court settlement over (yet more) civil rights violations. I’m wondering when the County is going to tell him to pay his own legal bills. Or better yet, pass a new county surtax to support Joe’s legal expense addiction.
chilidog99
April 13, 2012 at 3:31 pm (UTC -4) Link to this comment
This asshole prosecuted a 16 year old boy for sex crimes for showing a Playboy magazine to his buddies.
jnorris
April 14, 2012 at 9:52 am (UTC -4) Link to this comment
All of this was manufactured so Sheriff Joe Arpaio won’t have to release the report on his investigation into Pres Obama’s Hawaii birth certificate.
aaronbaker
April 14, 2012 at 6:04 pm (UTC -4) Link to this comment
I’m actually starting to hope that Arpaio himself may be punished for some of what he’s pulled.
That would make my entire year.
dcsohl
April 23, 2012 at 2:23 pm (UTC -4) Link to this comment
Let’s review: Target innocent individuals, good. Target your political enemies, bad.