Judge Won't Clear Pardoned Joe Arpaio's Criminal Record
Judge Won't Clear Pardoned Joe Arpaio's Criminal Record
Arpaio at Muhammad Ali's Celebrity Fight Night XXII in Phoenix Arizona in 2016
20 October, 2017, 20:37
The case raised the novel question of how far a presidential pardon actually reaches.
Bolton had found Arpaio guilty of criminal contempt in July, for willfully violating another federal judge's order to stop performing immigration sweeps in a class action.
And even the distinctive aspects of Trump's pardon-including his apparent overruling of the federal judiciary's view of the constitutional rights at issue in the case, as evidenced by Trump's characterization of Arpaio as having been "doing his job" all along-are not what motivates Judge Bolton's conclusions, at least as they are presented. Defendant accepted. The pardon undoubtedly spared Defendant from any punishment that might otherwise have been imposed. They argued that he had meant to appeal the contempt ruling, but due to the pardon he has no way of clearing the conviction.
"The power to pardon is an executive prerogative of mercy, not of judicial recordkeeping", Bolton wrote, according to the Post. "It's not going to be dropped", Arpaio toldCapitol Media Services.
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On Thursday, Bolton quoted Black's Law Dictionary to say that a pardon "releases the wrongdoer from punishment and restores the offender's civil rights without qualification".
The lawman had argued that he had a number of objections to the conviction, and he had asked Judge Bolton to set aside her judgment and give him a new trial with a jury - which she had denied him the first time.
Some legal experts were closely watching Arpaio's hearing earlier this month as a test of the president's pardon powers. That is, what interests me is how little her reasoning depends on the rather extraordinary background of this case-background so extraordinary that I, like some others, thought there was a conceivable argument for the invalidity of the pardon itself. Pardons are usually requested through formal applications submitted to the Office of the Pardon Attorney at least five years after the applicant is sentenced. Arpaio was the sheriff of Maricopa County, Arizona, for 24 years before losing a re-election bid in 2016.
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