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 ...
Settled 150 or so years ago. ‘Ex parte Garland’:
https://www.law.cornell.edu/supremecourt/text/71/333
...9. The power of pardon conferred by the Constitution upon the President is unlimited except in cases of impeachment. It extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken or during their pendency, or after conviction and judgment. The power is not subject to legislative control.
10. A pardon reaches the punishment prescribed for an offence and the guilt of the offender. If granted before conviction, it prevents any of the penalties and disabilities consequent upon conviction from attaching; if granted after conviction, it removes the penalties and disabilities and restores him to all his civil rights. It gives him a new credit and capacity...
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There is much misunderstanding on this.
This is due to Arpaio’s demand that the judge rescind the conviction.
He is going for the jugular on this. He has established law on his side; the conviction would not stand examination.
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Who runs DOJ again?
She is the same judge that block AZ SB1070 from going into effect back on July 28, 2010, telling AZ hey you cannot enforce what the Fed laws on the books say. AZ Codified FED Immigration statue into a state statue and that was a NO NO to the ILLEGAL ALIEN LOVERS ALL ACROSS AMERIKA.
Whatever the judge says does not matter.
She’s been overruled.
Doesn’t matter if she doesn’t like it.
It’s over.
You can even pardon someone even before they've been charged for anything. Any suggestion otherwise is just nonsense.
Exactly. Who would even enforce this hack judges overturn of a Presidential Pardon?
It gets worse every day. I don’t even recognize most of these news sources. I barely recognize this forum.
Obama...which explains a lot
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Its not over until Arpaio says its over.
I think he plans to push it as far as it can go. He wants the conviction annulled.
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Merely trying to roil the pot. I am beginning to be impressed with these leftists. They literally leave no stone unturned, they never give up, they have microscopic sight to not let a crumb drop to the floor without exploiting it. If only the conservatives were one tenth as dedicated.
Got it. Thanks for straightening me out. University of FR.
Then Arpio should just walk.
Ah...no. The pardon is a done deal. This judge is a snowflake LIB lunatic.
I don’t have a problem with that as long as it is his terms.
He has a full pardon.
Obama attacked him and expected for his last years to be hell because he exposed Obama as a fraud.
Obama is nowhere to be seen. Sheriff Arpaio will not stand for being attacked and doing his job.
This Judge better watch her line because going up against Trump on this will jeopardize every Pardon ever given.
No worries. Someone had to straighten me out on this matter as well
Marc Rich had been charged, but fled the country before his trial could take place, and was a fugitive when Bill Clinton pardoned him. If case law says a pardon is an admission of guilt, why didn’t Marc Rich have to argue that in court of law?
If the ‘Justice’ Dept pursues this, Trump should fire Sessions. It might not be the politically optimal time for it, but it should happen anyway.
Okay, I am not a lawyer and I did not stay at a Holiday Inn Express yesterday. But wouldn’t this whole thing be double jeopardy? Maybe that does not apply, but if the Presidential pardon covers the whole thing, then keeping the lawyers billing their hourly rate seems like a waste of money. And if this is taxpayer money, more’s the shame.
If Trump’s presidential pardon is overturned, IT’S OVER. If that happens, the Constitution is null and void, and it’s the end of the US. And it’s about time. The Commies had to make their move eventually.
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