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Case 2:16-cr-01012-SRB Document 28 Filed 10/17/16 Page 1 of 3

1 ANNALOU TIROL
Acting Chief
2 Public Integrity Section, Criminal Division
U.S. Department of Justice
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JOHN D. KELLER
4 Illinois State Bar No. 6293104
VICTOR R. SALGADO
5 DC Bar No. 975013
Trial Attorneys
6 Public Integrity Section, Criminal Division
U.S. Department of Justice
7 1400 New York Ave, NW, 12th floor
Washington, D.C. 20005
8 Tel: (202) 514-1412
John.Keller2@usdoj.gov
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10 IN THE UNITED STATES DISTRICT COURT
11 FOR THE DISTRICT OF ARIZONA
12 United States of America,
2:16-CR-01012-SRB
13 Plaintiff,
14 vs. NOTICE OF LODGED DOCUMENT
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Joseph M. Arpaio,
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Defendant.
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18 Undersigned counsel, on behalf of the United States Department of Justice, Criminal
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Division, Public Integrity Section, files this Notice of Lodged Document. On October 12, 2016,
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the government lodged a proposed Order to Show Cause with the Court. The proposed Order is
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attached to this pleading.
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23 Respectfully Submitted,

24 ANNALOU TIROL
Acting Chief, Public Integrity Section
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26 By: /s/ John D. Keller
John D. Keller
27 Victor R. Salgado
Trial Attorney
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United States Department of Justice
Case 2:16-cr-01012-SRB Document 28 Filed 10/17/16 Page 2 of 3

Public Integrity Section
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1400 New York Ave. NW
2 12th Floor
Washington, DC 20005
3 (202) 514-1412
John.Keller2@usdoj.gov
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Case 2:16-cr-01012-SRB Document 28 Filed 10/17/16 Page 3 of 3

CERTIFICATE OF SERVICE
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2 I HEREBY CERTIFY that on this date, I electronically filed the foregoing filing with the
Clerk of the Court using the CM/ECF system, which will send notification of such filing to the
3 attorneys of record for the defendant.
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5 /s/ John D. Keller
John D. Keller
6 Trial Attorney
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Case 2:16-cr-01012-SRB Document 28-1 Filed 10/17/16 Page 1 of 3

1 ANNALOU TIROL
Acting Chief
2 Public Integrity Section, Criminal Division
U.S. Department of Justice
3
JOHN D. KELLER
4 Illinois State Bar No. 6293104
VICTOR R. SALGADO
5 DC Bar No. 975013
Trial Attorneys
6 Public Integrity Section, Criminal Division
U.S. Department of Justice
7 1400 New York Ave, NW, 12th floor
Washington, D.C. 20005
8 Tel: (202) 514-1412
John.Keller2@usdoj.gov
9 Victor.Salgado@usdoj.gov

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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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United States of America,
13 2:16-CR-01012-SRB
Plaintiff,
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vs. ORDER TO SHOW CAUSE
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16 Joseph M. Arpaio,
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Defendant.
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19 This Order is entered pursuant to 18 U.S.C. § 401 and Rule 42 of the Federal Rules

20 of Criminal Procedure. On October 11, 2016, the Government stated its intention to
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prosecute Joseph M. Arpaio for contempt under 18 U.S.C. § 401(3) based on the Order Re
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Criminal Contempt entered by United States District Judge G. Murray Snow on August 19,
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24 2016, in the Melendres matter. See Melendres v. Arpaio, no. 2:07-cv-02513 (D. Ariz. Aug.
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19, 2016), Order Re Criminal Contempt, ECF No. 1792. For the reasons set forth below,
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the Court issues this Order to Show Cause as to whether Joseph M. Arpaio should be held
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28 in criminal contempt for his violation of Judge Snow’s preliminary injunction of December
Case 2:16-cr-01012-SRB Document 28-1 Filed 10/17/16 Page 2 of 3

1 23, 2011, entered in Melendres. See Melendres, Order, ECF No. 494.

2 Section I.(A.)(1.) and the first three paragraphs of Section 1.(A.)(4.) of Judge
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Snow’s August 19, 2016, Order Re Criminal Contempt are incorporated by reference as if
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fully set forth herein. See Melendres, Order Re Criminal Contempt, 4-5, 8-9, ECF No.
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6 1792.
7 In December 2011, still well prior to trial in the Melendres case, Judge Snow entered
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a preliminary injunction prohibiting Arpaio and the Maricopa County Sheriff’s Office
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10 (“MCSO”) from enforcing federal civil immigration law or from detaining persons they

11 believed to be in the country without authorization but against whom they had no state
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charges. See Melendres, Order, ECF No. 494. The preliminary injunction also ordered that
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14 the mere fact that someone was in the country without authorization did not provide,

15 without more facts, reasonable suspicion or probable cause to believe that such a person
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had violated state law. See id.
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Arpaio violated that Order by causing the MCSO to detain persons the MCSO
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19 believed to be in the country without authorization but against whom MCSO had no state
20 charges, and he thereby acted in disobedience or resistance to a lawful writ, process, order,
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rule, decree, or command of a court of the United States. 18 U.S.C. § 401(3).
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23 THEREFORE, in light of the seriousness of Judge Snow’s orders and the extensive

24 evidence demonstrating Arpaio’s intentional and continuing non-compliance, the Court
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issues a notice to show cause as to whether Joseph M. Arpaio should be held in criminal
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27 contempt for the violation of Judge Snow’s preliminary injunction of December 23, 2011.

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Case 2:16-cr-01012-SRB Document 28-1 Filed 10/17/16 Page 3 of 3

1 IT IS FURTHER ORDERED THAT trial for this matter is set for December 6,

2 2016.
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Dated this __th day of October.
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