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Not So Fast! DC GOP Power Couple Roadblocked On Arpaio-Linked Case

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Republican lawyers Joseph diGenova and Victoria Toensing

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The effort by a conservative county prosecutor in Arizona to hire a big-name Washington lawyer power couple to go after a local official has hit a roadblock.

Earlier this month, we told you how Maricopa county prosecutor Andrew Thomas, working closely with the notorious anti-immigrant sheriff Joe Arpaio, had hired Joseph diGenova and Victoria Toensing, a famed Republican husband-and-wife team, to investigate a local county official -- and political antagonist of both Thomas and Arpaio -- on campaign-finance charges.

But now county officials are throwing a spanner in the works. Consent from the board of supervisors is needed before diGenova and Toensing can get started investigating Don Stapley. And this morning, County Manager David Smith sent a letter to Thomas, obtained by the Arizona Republic, outlining the board's many objections to the hiring -- including the fact that diGenova and Toensing don't live in the area - "as required by applicable statute" -- and that Thomas hasn't provided a cost estimate for the probe.

Thomas had been criticized for his original decision to bring in diGenova and Toensing, rather than turning to other Arizona prosecutors, after no local prosecutors would take the case. And before that, Arpaio's deputies had arrested Stapley in a high-profile bust that was itself was slammed as politically motivated.

DiGenova and Toensing made their names in the late 90s as ubiquitous presences on cable news, where they stoked the Monica Lewinsky scandal and even accused the Clinton White House of improperly targeting them in retaliation. Before that, they had run some of then-Speaker Newt Gingrich's partisan investigations of Democrats and labor leaders. Earlier this month, they jetted into Phoenix for a press conference to trumpet their involvement in the case.

In the letter to Thomas, Smith explained why the item that would have sought the board's approval for diGenova and Toensing's hiring had been removed from the agenda for tomorrow's board meeting:

1. The services of these attorneys were not properly procured. Procurement is required for the expenditure of any county or state funds, including RICO monies.

2. Two of the attorneys are not residents of Maricopa County, as required by applicable statute, including the person proposed to be in charge of all aspects of the matters.

3. The substantive matters set forth in the appointments have been previously assigned to the Yavapai County Attorney and cannot be reassigned by the County Attorney.

4. The three individuals cannot commence work or use court processes until the Board approves their appointments.

5. Your office refuses to provide a cost estimate for the proposed work and now appears to admit that the RICO fund does not contain sufficient funds to cover the costs (see attached MacDonnell memo, which states that Diversion Fund monies may be used). There may be an unknown substantial impact on the County Attorney's budget or the County's general fund if the previously planned uses of these funds have to be funded from other sources.

And the head of the county's civil litigation department, Wade Swenson, came out swinging against Thomas, his colleague, telling the paper:

Thomas has gone out and tried to hire very expensive, very high-profile, lightning-rod, Washington D.C. attorneys. He's giving them - or trying to give them - carte blanche with the taxpayers' dollars. But it doesn't look like the county attorney did his legal homework.

A spokesman for Thomas said he would look into whether the office wanted to respond to Smith's letter.

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9 comments

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October 20, 2009 4:54 PM   

*Ahem*. Smith's letter, not Thomas's letter.

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October 20, 2009 6:52 PM   

Joey the Lip and Vicki Dyejob might be the only two people on earth more obnoxious than Joe Arpaio. Here's hoping this turns into an episode of the Blame Game when it all hits the fan.

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October 20, 2009 7:25 PM   

Andy Thomas is such a tool...

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October 20, 2009 8:58 PM   

Rule #1 The Boss is always right
Rule# 2 if the Boss is wrong, refer to rule # 1

Rule # 1) "The three individuals cannot commence work or use court processes until the Board approves their appointments."

Can you say “Stonewall” In other words "We the members of the board, who are being investigated for abuse and corruption will not allow anyone to investigate us, unless we approve"?

Rule #2) "Two of the attorneys are not residents of Maricopa County, as required by “applicable statute”, including the person proposed to be in charge of all aspects of the matters."

Since we the County Board of Supervisors, (board members under investigation) approve all applicable statute, we will not allow any other attorneys, especially those we have not been able to influence.


Nothing to see here folks, move along.

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October 20, 2009 11:20 PM    in reply to Resistance

Bud, a brief perusal of the article and the linked news reports indicate that the only person that Arpaio and Thomas are out to get is Stapley. Your suggestion that somehow the board members are under investigation is false. Now the question is why you deliberately made that point rather than stick to the truth. What is your ulterior motive?

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October 21, 2009 3:02 PM    in reply to Texas Aggie

Arpaio investigates Mary Rose Wilcox’s Sky Harbor leases

http://phoenix.bizjournals.com/phoenix/stories/2009/06/15/daily33.html#

If you want to follow the illustrious career of someone of notorious fame in Arizona Politics; Type in “Action News Phoenix” search (Mary Rose Wilcox)

For those too busy like yourselve who writes "Your suggestion that somehow the board members are under investigation is false. Now the question is why you deliberately made that point rather than stick to the truth. What is your ulterior motive?"

Really?!!! Lets talk about alterior motives from someone quick to call my statement false?

I'll do the work for you

http://localsearch.azcentral.com/sp?catId=&aff=1100&searchkeyword=&searchcategory=*&keywords=mary+rose+wilcox&address=

Find out about how she tore down a house to be preserved, turning it into a parking lot for a family restaurant. Yet rest assured if you, the peasant tried a stunt like that you be in jail or heavily fined. Or research the story of how she voted for million dollar projects that may have been votes bought. The Stadium vote comes to mind, people didn’t want to be taxed for a football stadium, when we had more pressing needs.
A stadium deal to benefit a private enterprise with taxpayer dollars.
Maybe she got the lucrative concession arrangement?

I guess we'll never know, considering the amount of resistance and coverup going on in order to prevent an independant investigation. Hmm you guess?

Or how she gets lucrative contractual arrangements in violation of honorable practices.


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EdA

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October 20, 2009 11:04 PM   

First, I have absolutely no idea as to whether there is any "there" there.

But it certainly looks as though the county prosecutor is trying to pull a typically Republican fast one. And, unless Mr. DiGenova and Ms Toensing are likely to cut their rates highly dramatically and live in a Motel 6, another very expensive fast one for the taxpayers.

One point worth noting in the letter:

3. The substantive matters set forth in the appointments have been previously assigned to the Yavapai County Attorney and cannot be reassigned by the County Attorney.

(Yavapai County is the county where Prescott is in.)

How unsporting -- to expect Republican hatchetpeople to comply with the law?

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October 21, 2009 7:58 AM   

This is a replay of the Bush gang's firing of certain Asst Attorneys General, manipulating political prosecution.

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October 21, 2009 6:11 PM   

You neglected to mention that this couple were all over the airwaves during the Plame scandal. And Toensing went so far as saying that she was on the committee that wrote the bill about CIA agents and Plame could not have been an agent. Which is BS.

They are disgusting people.

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