Posted on 08/30/2017 11:55:43 AM PDT by Seizethecarp
After President Trumps 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 Trumps 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 Arpaios 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 Arpaios 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 shouldnt grant Arpaios 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.
(Excerpt) Read more at washingtonpost.com ...
Well she can go ahead and sentence and make a big press deal out of it which is what this would do but the pardon still stands.
‘Rats amend the Constitution unconstitutionally via the courts, thru legislation, and thru plain ignoring what it says. It’s just what they do these days.
Here, they are re-writing, if not deleting Article 2, Sections 1 thru 4.
This liberal witch should be burned at the stake.This crap is another example why this country needs a cleansing of these vermin.
These sjw’s need to be publicly ridiculed for the idiots that they are...
The Constitution places NO LIMITS on POTUS pardon power.
He’s the only person who has it, and it is not limited in any fashion.
These people are downright crazy.
So what they're saying is, pardoning a law enforcement officer for enforcing federal law that the feds didn't want to enforce is worse than pardoning Puerto Rican terrorists and murderers.
Got it.
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.
****************
It would be proper for the DOJ to file complaints against any judge that goes against the constitution in any case and make it plain that federal charges may be forthcoming.
The judge is playing an interesting game. She could very well end up in prison.
Exactly.
Judges have the self assumed power to change and vacate laws.
This will be interesting.
The Constitution places only ONE limit on the President's pardon power. The President cannot pardon in cases of impeachment.
-PJ
Rubin is hallucinating again. Needs hospitalization
If the Republican Congress has any integrity, they would impeach and remove this judge.
This is the consequence of our law education institutions. They have turned out lawyers who are ambulance chasers on steroids. If it moves, litigate it.
This is total, complete legal BS.
A president's powers to pardon are so absolute, that even if it was proved that the recipient of the pardon bribed the president for that pardon, the pardon would still stand.
And the Washington (he was a slave owner, you know) comPost continues to lie. They insert gratuitous lies even when they don't need to. They're pathological.
Where the hell is Sessions (again). These government lawyers work for him. He should instruct them to tell this activist judge that she no longer has jurisdiction because the president has pardoned Arapio. Let her rant and rave, but ignore her leftist actions and decisions.
Let's read the rest of it.
...and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The first sentence you partially posted defines what a citizen is. The second sentence defines what any state cannot do to a citizen.
Additionally, after the semi-colon, it continues to define other limitations placed on the State as concerns those who are NOT citizens but are labeled as 'persons'. That is clear from the usage of the word 'nor'.
It's pretty clear that the 14th covers citizens and non-citizens. I wish to Heaven that they'd written it to just use the word citizen but that was clearly not the intent. Thus the usage of the word 'persons'.
Because illegal immigrants have violated federal law it does not mean they have no rights. They are afforded due process under the 14th. Limited rights but the right to due process at the very least.
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