Posted on 06/19/2010 10:25:54 AM PDT by SandRat
PHOENIX - Saying he's saving taxpayer funds, Attorney General Terry Goddard on Friday bowed out of defending the legality of the state's new immigration law.
In a letter to Gov. Jan Brewer, Goddard said he still disputes her contention that she alone can control the defense of SB 1070 in five separate federal lawsuits that have been filed so far. Goddard said that while Brewer is entitled to play a role in defending the state, the Arizona Constitution makes him the state's attorney.
And Goddard said his staff has been working cooperatively with the private attorneys Brewer has hired.
But he told Brewer that a letter she sent him Monday threatening to go to court to have him thrown off the case would create a new side issue and detract from the underlying need to defend the law.
"More fundamentally, it would constitute yet another wasteful political lawsuit at taxpayers' expense at a time when our state cannot afford another political feud," the attorney general wrote.
Gubernatorial press aide Paul Senseman said Goddard did the right thing.
"The governor's grateful that he's changed his mind," Senseman said. "She agrees that he has a conflict of interest in this case and that she speaks on behalf of the state of Arizona on SB 1070."
Goddard said no such conflict exists.
He acknowledged he has never been a fan of the legislation that requires police who stop people for other reasons to check their immigration status if there is "reasonable suspicion" they are in this country illegally.
It also allows police to charge illegal immigrants with trespassing and creates new state crimes of harboring or concealing those in this country in violation of federal immigration laws.
Goddard said nothing in the law solves the problem of illegal immigration.
But Goddard said lawmakers have made changes to the original statute that make it legally defensible, including removing a provision that would have allowed police to consider a person's race, ethnicity or national origin in determining whom to question. Goddard said he was prepared to make those arguments in court, regardless of his personal opinion about the measure.
Brewer's successful move to be the sole legal defender of SB 1070 carries political risks for the governor. If the law is struck down, then Goddard, the lone Demo-cratic candidate for governor, could say she botched it by deciding to go it alone.
That has crossed his mind. "Our defense of the statute would be far more effective and would take advantage of the best legal team in Arizona by doing it cooperatively," he said.
Separately, Brewer said late Friday her defense team was filing papers asking a federal judge to throw out the main challenge to the law. That lawsuit was filed by the American Civil Liberties Union, the Mexican American Legal Defense and Education Fund and the National Immigration Law Center.
Generally speaking, it would be Goddard's office that defends the legality of state statutes.
But lawmakers, in changes to the original SB 1070, directed Goddard to act at the governor's direction. And it empowered Brewer to hire outside lawyers to defend the law.
Brewer did just that, contending Goddard's personal opposition made him an unsuitable defender. That fight escalated Monday when she told him to bow out or she would go to court force the issue.
Goddard said his inherent constitutional authority as attorney general trumps the legislation. "Although we would win, it would be a very significant distraction, costly in both time and money," Goddard said.
It will be June 28.
The president promised during their meeting June 3 to get the governor information about how many of the 1,200 National Guard troops he's going to station along the Southwest border will be placed in Arizona. He also said he will provide details of exactly how he plans to use an extra $500 million he wants from Congress for border security.
Brewer complained publicly Thursday that Obama had promised that information within two weeks.
But the White House said Friday the June 28 meeting fits within the timetable the president gave the governor in the first place.
Capitol Media Services
Why ANYONE would believe the Liar in Chief is beyond me.
Plus, why are the private attorneys even talking to this AG that is part of the “enemy” camp?
If obama sends the National Guard, they will be protecting the illegals, not the citizens of Arizona.
For the life of me, I can’t understand why anyone who knows anything about how the obama admonistration operates would expect him to do anything that is good and decent, legal, or beneficial to the United States.
“”Brewer complained publicly Thursday that Obama had promised that information within two weeks.
But the White House said Friday the June 28 meeting fits within the timetable the president gave the governor in the first place. “”
No wonder nothing of any importance can get done by this administration - they don’t know how to count.
Two weeks = 14 days
June 3 - June 28 = 25 days
“Plus, why are the private attorneys even talking to this AG that is part of the “enemy” camp?”
Bottomline is, if the AG has a vested interest in this failing, noy only should he take himself off the case, he should resign his position as AG. The minute his opinion differs than the admministration, his usefulness is gone.
“No wonder nothing of any importance can get done by this administration - they don’t know how to count.”
EUREKA!!!!! That would explain the 57 states comment.
When has the cost of anything ever mattered to Socialist Democrat. Goddard is cornered and he knows it's a losing argument.
Absolutly!
If he refuses to defend the Law passed by the Ar. Leg, he should resign. Period!
Ping!
So, he publicly quits after being told by the Governor to recuse himself.
Check, and Mate.
“”Brewer complained publicly Thursday that Obama had promised that information within two weeks.
But the White House said Friday the June 28 meeting fits within the timetable the president gave the governor in the first place. “”
No wonder nothing of any importance can get done by this administration - they don’t know how to count.
Two weeks = 14 days
June 3 - June 28 = 25 days
NO!, NO ! ! NO ! ! !
A week with The regime means 5 days, because on the Sixth and Seventh days the Obamassiah golfs.
Kwanza does not get included in the count either.
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