Legal challenge to Arpaio pardon begins (Wait...what?)

WaPo ^ | August 30, 2017 | Jennifer Rubin

[Seizethecarp]

After President Trump’s pardon of ex-sheriff Joe Arpaio, who had been convicted of criminal contempt for violating a court order designed to stop the violation of the constitutional rights of suspected illegal immigrants, conventional wisdom — and certainly the Trump administration — would have us believe that Trump’s pardon powers are unlimited. However, never before has someone stretched the pardon power so beyond its original intent. Trump has now drawn scrutiny not simply from critics of his racist rhetoric but from the court itself.

The Arizona Republic Reports:

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.

In other words, this is no slam dunk.

Lurking in the background is the potential for Trump to pardon associates involved in the probe of possible collusion between the Trump campaign and Russian officials and the possible obstruction of justice that followed. The Arpaio pardon may well have been an attempt to signal to those officials and ex-officials that they can resist inquiries with the assurance that Trump will pardon them.

[\/\/ayne]

Bolton is well known in Arizona as a radical activist judge.

[Grampa Dave]

She needs to be arrested!~

Then, charged with an act of sedition! She and any of her left wing legal thugs, who came up with this bs!

U.S. Code › Title 18 › Part I › Chapter 115 › § 2384 18 U.S. Code § 2384 - Seditious conspiracy US Code

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both. (June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, ;1, 70 Stat. 623; Pub. L. 103–322, title XXXIII,;330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)

[Seizethecarp]

Very interesting article linked to in WaPo article. FR can’t post USA Today stuff but in the article Sheriff Joe says he is wrongly accused of being convicted of contempt for “racially profiling” in the MSM.

“Joe Arpaio saga isn’t over: Judge to decide if his conviction stands”

http://www.azcentral.com/story/news/local/phoenix/2017/08/29/judge-wont-vacate-former-sheriff-joe-arpaios-contempt-conviction-without-oral-arguments/614854001/

[montag813]

The Arpaio pardon may well have been an attempt to signal to those officials and ex-officials that they can resist inquiries with the assurance that Trump will pardon them.

Good. I hope she's right. They SHOULD all keep quiet, as the Obama criminals always have. Frankie Five Angels...everything's gonna be ok.

[dirtboy]

So Judge Bolton is going to hold a hearing to debate whether her court should honor Trump's pardon and dismiss Sheriff Arpaio's conviction?

The judiciary apparently believes they hold unchecked power. Yet Trump is the fascist in waiting...

[ctdonath2]

“never before has someone stretched the pardon power so beyond its original intent.”

Uh, this is EXACTLY why the presidential pardon was enacted: a safety valve so egregious verdicts (actual or likely, systemic or wanton) could be vacated as an elected executive sees fit.

Pardoning whole teams of avowed, demonstrated, proven, and adjudicated terrorists and/or violent felons is “beyond its original intent”. Author will have to take up the concern with Obama & Clinton, not Trump.

[Yorlik803]

That’s what I thought. But now the judges think they are above normal laws and can impose Ad Hoc law as they go. This isn’t justice, this is chaos.

[no-to-illegals]

pure compost

[chesley]

They say that like it is a bad thing.

[NonValueAdded]

Oh, horse hockey.

[Bullish]

Good Gawd, these leftists are insane.

So presidential pardons are only for tax cheats like Marc Rich?

[M Kehoe]

I had a difficult time getting past this part:

“a court order designed to stop the violation of the constitutional rights of suspected illegal immigrants, “

Illegal immigrants, aliens etc. don’t have Constitutional rights.

Plenary. Look up that word assholes.

5.56mm

[EvilCapitalist]

From the first sentence. “violating a court order designed to stop the violation of the constitutional rights of suspected illegal immigrants”. Unbelievable! They’re Illegal Aliens, they have NO CONSTITUTIONAL RIGHTS.

[robroys woman]

Looks like they are jumping a shark here.

[IWontSubmit]

If we had an aggressive DOJ that supported the President, they would be looking at options to remove judges who have stopped enforcing the law and are engaged in personnel vendettas or making up the law.

[EvilCapitalist]

You beat me by 22 seconds.

[Bonemaker]

““never before has someone stretched the pardon power so beyond its original intent. “

Clinton...Mark Rich?

Obama...thousands of street criminal?

And they were all guilty. Joe is innocent.

[Alberta's Child]

P.S. — The mechanics of the legal process are such that Trump’s pardon of Arpaio may end up being completely meaningless if Arpaio’s conviction is overturned on merit.

[ThePatriotsFlag]

Well, lets do them in order. Rich is first.

[Fantasywriter]

A couple of these mentally unbalanced judges need to be removed. That’s the only thing that will penetrate the moonbat-impaired minds of the rest.