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Posted on 04/18/2018 3:31:58 PM PDT by jazusamo
Dissenting judge on panel worries ruling could foster ‘inappropriate… political attacks’ on presidency
A federal appeals court said this week it will appoint a lawyer to argue that former Arizona Sheriff Joe Arpaio’s contempt of court conviction should remain on his record despite President Trump’s pardon.
The 9th U.S. Circuit Court of Appeals said that since the federal Justice Department is supporting both the pardon and Mr. Arpaio’s request to have his conviction stricken, someone else needs to argue the other side.
Mr. Arpaio argues that the pardon came before he had a chance to appeal his conviction, and even before the federal district judge in the case had a chance to rule on his request that it be set aside. The former Maricopa County sheriff’s opponents had said not only should the conviction stand, but the pardon should be deemed invalid because it subverted the justice system.
(Excerpt) Read more at washingtontimes.com ...
Thankfully no mention was made of politicians when respect was being taught.That's just as well because my contempt for most of them is deeper still.
The most overturned Federal court in the land.
The SCOTUS should start charging the 9th Circus Court for excessive burdens on their time.
Charge them financially and criminally.
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The Left really, REALLY wants to get Sheriff Joe. It’s a revenge thing. Joe rubbed it in their faces, and they want to DESTROY him.
Absolutely right, the left will go to any lengths to get revenge on Sheriff Joe.
The Leftists are trying to get the notion going that Presidential pardons can be ignored. They are worried that Trump will pardon Mueller’s victims.
If the motion is unopposed then the court should grant it.
What they are doingis is nuts.
OK. Amend the Pardon to state the record will be removed, deleted, and his file on this conviction except for the Pardon sealed for view by no one.
Screw the 9th Circuit insurrectionists.
Joe had the temerity to stand with the citizens and the rule of law.
I was never taught to respect the courts. We had Earl Warren, who launched criminals into the streets after spanking them on the hands. Our system of injustice has sucked for a long time. Now they are just in our faces about it because we have no recourse.
They will side with their special prosecutor and overturn the pardon. They’re laying the groundwork to stop any Trump pardons.
Four of the supreme court justices will automatically sign up for this decision.
Oh, I see. A constitutional presidential pardon subverts the justice system, but court rulings based on politics does NOT. The goal posts have wheels.
[Accepting a pardon is an admission of guilt.]
Are you citing experience from your own case?
Absolutely right! In our politicized "justice" system, if they want to destroy political enemies they'll find a "legal" way.
The 9th is pissed because one of the more liberal ones just died and Trump is putting a big fat conservative right in the middle of them. They be tweaking!!!
The presidential pardon power is absolute and unqualified.
If the federal courts can annul a pardon, no one is safe from a politically motivated prosecution.
That’s what the Nine Circus and Arpaio’s opponents appear to want - if they get it their way.
No, a 1915 Supreme Court case. Burdick v. United States.
"This brings us to the differences between legislative immunity and a pardon. They are substantial. The latter carries an imputation of guilt; acceptance a confession of it. The former has no such imputation or confession. It is tantamount to the silence of the witness. It is noncommittal. It is the unobtrusive act of the law given protection against a sinister use of his testimony, not like a pardon, requiring him to confess his guilt in order to avoid a conviction of it." - Burdick v. U.S. (236 U.S. 79)
Call it a wrongful conviction if you want. Witch hunt, whatever. By accepting the pardon Arpiao admitted his guilt. Plain and simple.
So, WHY IN HELL ISN’T MCDONNELL ACCELERATING HIS SNAIL’S PACE FOR HAVING JUDICIAL CONFIRMATION VOTES?
Who is running the Senate...McConnell or Schumer? McConnell needs to spend less time looking out for and advancing CHINESE INTERESTS and DO HIS JOB!
Yeah it is, as the Supreme Court ruled in 1915.
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