Posted on 08/30/2017 4:31:27 PM PDT by Cheerio
U.S. District Court Judge Susan Bolton canceled former Sheriff Joe Arpaio's upcoming sentencing hearing for his criminal contempt-of-court conviction, telling attorneys not to file replies to motions that were pending before his recent presidential pardon.
However, Bolton on Tuesday stopped short of throwing out the conviction based solely on Arpaio's request. Instead she ordered Arpaio and the U.S. Department of Justice, which is prosecuting the case, to file briefs on why she should or shouldn't grant Arpaio's request.
Bolton has scheduled oral arguments on the matter for Oct. 4, the day before Arpaio was supposed to be sentenced.
There is case law that says a pardon implies an admission of guilt, and that will have to be argued in open court.
(more @ link above)
(Excerpt) Read more at thepatriothangout.yuku.com ...
He has a presidential pardon. That’s it. Game over.
All they want to do now is entangle Trump in some scheme
to make it seem he committed an impeachable offense.
Bunk.
Drain the swamp.
If I were Arpaio, I would pretty much just ignore anything they say or do at this point.
Too freakin bad...bitch!!! HE IS PARDONED AND FREE...SO F OFF!!!
This is a p[political persecution. She decides NOTHING!! He has been fully pardoned. She can go to hell!!
I remember when Ford pardoned Nixon. There was much talk about how accepting a pardon was an admission of guilt. I’m not sure at this point that it matters much.
The president shall have Power to grant Reprieves and Pardons for Offenses against the United States - US Const art 2 sec 2
Impeach this BITCH!!
I second that.
Judge on a power trip; who elected her?
A pardon is issued independent of the pardoned. It admits nothing on the pardoned’s behalf, so cannot act as an admission of guilt. Nixon was not charged, and AFAIK did not request the pardon - that makes for overwhelming case law that the judge is a blithering idiot.
I’m wondering if this one makes for grounds for her impeachment, as few conditional matters are clearer than the principle that the President has absolute authority to pardon.
The President...shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.U.S. Const art. II, Sec. 2, Cl. 1.
A Presidential pardon or reprieve should be the end of all legal action against Arpaio on this matter. Otherwise you have illegal double jeopardy.
What is going on here?
There is nothing the Judge can do.
He is pardoned. End of story.
Impeach her. Show up at her home with pitchforks.
It is worse than that. The issue is moot. Long ago it was determined that Federal courts have no jurisdiction where there is nothing to decide, no “case in controversy,” no relief that may be granted. Given Arpaio has been pardoned, there is no relief a court may grant to the state, and maintenance of such an action is thereby frivolous.
If the gods in black robes don't like it, there is a procedure for changing the Constitution.
(To echo one judge's take on what juries should do if they were even daring to think of "any of this jury nullification nonsense" in her HER fair court!)
Arpaio is a free man and will never have to answer for anything related to the charges that were brought against him.
President Trump's pardon, however, was issued after Arpaio's legal team had filed a motion to have the conviction overturned. This case is still open on the judge's docket, and the judge has asked the U.S. Justice Dept. (the prosecutors in the original case against him) to file some kind of response to Arpaio's motion. If the Justice Dept. doesn't file a response, Arpaio's conviction might be overturned anyway -- which makes the pardon a moot point.
Better yet, the sheriff should surround himself with loyal armed deputies and other friends, then tell the judge “Now try to enforce it.”
They want a showdown, we should give them a showdown.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.