Posted on 08/26/2017 9:52:17 AM PDT by Seizethecarp
Last month, as President Trump made broad claims about his power to pardon, I noted that he “may find out that something can be both legal and, simultaneously, an impeachable offense.” Last night, as the president issued a pardon to former Maricopa County, Ariz., sheriff Joe Arpaio, who was convicted of criminal contempt of court, some commentators argued that this was exactly the case.
Harvard Law professor Noah Feldman, for example, wrote after Trump’s belligerent Phoenix rally speech that such a pardon would represent an “assault on the federal judiciary, the Constitution and the rule of law itself” for which the “remedy is impeachment.”
It is hard to gauge the political fallout of the president’s decision — announced as it was late on a Friday night during an impending hurricane. Normally, though, as political scientist Jeffrey Crouch’s book on the pardon power makes clear, pardons are granted for two reasons: either to provide mercy or correct a miscarriage of justice, in an individual case; or on more general grounds based on public policy.
Trump’s pardon of Arpaio does not fit either category very well.
As regards mercy: Alexander Hamilton wrote in the Federalist that pardons were needed; otherwise, “justice would wear a countenance too sanguinary and cruel.” Presidents have sometimes pardoned elderly convicts, for instance, rather than see them die in prison.
Arpaio is 85, but he had not even yet been sentenced; that hearing was set for October. As a procedural matter, the guidelines of the Justice Department’s office of the pardon attorney — not binding on the president, of course, and not consulted in this instance — state that petitions for clemency are normally considered only after five years have passed after a conviction.
(Excerpt) Read more at washingtonpost.com ...
Ping to “most-read” WaPo Op-Ed speculating that Trump could be impeached for pardoning Sheriff Joe!
The left is for killing their enemies. Never doubt that. Its just under the surface.
Not to mention there is a YUGE dementocrat precedence for not upholding criminal contempt of court decisions. Fidiots.
It’s not like when on his way out Bill Clinton gave clemency to the FALN terrorists against the advice of the DOJ and FBI.
That ^^
Bingo....good comment.
Yawn. Any presidential action that enough of the House and Senate dislike enough to answer to their voters is an impeachable offense. Always has been, always will be. Impeachment and removal is a political action.
The left is for killing their enemies. Never doubt that. Its just under the surface.
Professors, books, DOJ pardon attorney.... all BS. The Constitution places NO limit on the pardon power.
All Clinton’s pardons were for cash. A good percentage of Obama’s were also for payment.
One of my classmates in prep school was one of those FALN terrorists. One of them didn’t even want to be pardoned. They hated the USA.
The Clintons thought they could get votes in New York for Hillary’s upcoming senate race from the Puerto Rican community, but I think they were pretty much disgusted by the shameless transparency of the move.
My classmate did take the pardon, though.
This is one reason the 1st Amendment is so important. We need these nutbag leftist to be able to speak freely so we know who they are.
I’ve got a good job for the good Sheriff when McLame croaks.
“assault on the federal judiciary, the Constitution and the rule of law itself”
Sounds exactly like what that leftist puppet ‘judge’ did.
I believe your comment strike is a homophobic probably Islamophobic, anti-gay, anti LGBT )something or other, comment that means you should face criminal prosecution.
But first, we must impeach President Trump.
They actually call what I did “deadnaming”, these days. Calling a “trans” person by his real name is just no good, by these lefties.
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