PHOENIX — The U.S. Justice Department’s promise to file a criminal contempt-of-court charge against the longtime sheriff of metro Phoenix comes less than a month before the 84-year-old lawman will learn whether he gets a seventh term in office.
Sheriff Joe Arpaio will face the possibility of jail time and a clouded political future when prosecutors file a misdemeanor contempt charge against him for defying a judge’s orders to end his signature immigration patrols. The charge is expected to be filed Wednesday.
Arpaio, who didn’t attend a hearing Tuesday in his contempt case, could face up to six months in jail if convicted of misdemeanor contempt.
The sheriff issued a statement saying he was confident he would be exonerated and accused President Barack Obama’s administration of trying to influence the sheriff’s race.
“It is no coincidence that this announcement comes 28 days before the election and the day before early voting starts,” Arpaio said. “It is a blatant abuse of power and the people of Maricopa County should be as outraged as I am.”
The U.S. Justice Department didn’t respond to a request for comment.
Authorities were still considering a possible obstruction of justice charge against Arpaio that could result in more severe punishments, including losing his job.
The contempt case also focused on Arpaio’s actions in carrying out what critics said was a secret investigation of Judge G. Murray Snow in the case. Snow demanded Arpaio and an aide turn over 50 hard drives that were part of the probe, but they ignored the order.
Keller said the Justice Department cannot prosecute those allegations within the criminal contempt case because the one-year statute of limitations had run its course. But federal authorities will investigate the allegation as a possible obstruction of justice charge, Keller said.
Obstruction of justice is a felony that carries a punishment of 15 months to 37 months in prison and would bar Arpaio from office if he is convicted. Prosecutors did not give a timetable on when they would decide whether to bring an obstruction charge.
Prosecutors are also considering a possible obstruction charge against two Arpaio aides and a former attorney suspected of concealing nearly 1,500 IDs in an investigation into whether officers pocketed items during traffic stops.
The criminal contempt charge involving the immigration patrols will mark yet another defeat for the sheriff who became a national political figure over the past decade by aggressively carrying out immigration patrols and attention-getting endeavors. Among other things, he made prisoners wear pink underwear, put them on chain gangs and confined them in tents in stifling desert heat.
Following complaints by Latino drivers about racial profiling, a judge demanded that Arpaio stop the enforcement efforts. He was later found to have violated the order for 17 months, causing it to turn into a contempt of court case.
County taxpayers have shelled out $48 million so far in the profiling case, and the costs are expected to reach $72 million by next summer. The expenses and Arpaio’s legal woes have become a centerpiece of his Democratic opponent’s campaign, but they have not stopped Arpaio from amassing $12 million in campaign cash, most from out-of-state donors.
“No one is above the law, and today’s announcement in court epitomizes the strength of the judicial system,” Democratic opponent Paul Penzone said.