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Legal challenge to Arpaio pardon begins (Wait...what?)
WaPo ^ | August 30, 2017 | Jennifer Rubin

Posted on 08/30/2017 11:55:43 AM PDT by 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.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: Arizona
KEYWORDS: arpaio; article2section2; delusional; fakenews; jenniferrubin; naturalborncitizen; obama; rubin; sheriffarpaio; susanbolton; trump; wapo
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To: jazusamo

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.


81 posted on 08/30/2017 12:40:39 PM PDT by mdmathis6
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To: Seizethecarp

Ignore her -- tell her to pound sand. There are coloring books and kittens for her if she feels triggered. But pacifying an unruly child her age is not worth the billable hours.


82 posted on 08/30/2017 12:43:25 PM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: Seizethecarp

‘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.


83 posted on 08/30/2017 12:43:25 PM PDT by C210N (It is easier to fool the people than convince them that they have been fooled)
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To: Seizethecarp

This liberal witch should be burned at the stake.This crap is another example why this country needs a cleansing of these vermin.


84 posted on 08/30/2017 12:44:47 PM PDT by Renegade ( Wax)
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To: Seizethecarp

These sjw’s need to be publicly ridiculed for the idiots that they are...


85 posted on 08/30/2017 12:45:36 PM PDT by Hotlanta Mike ("You can avoid reality, but you can't avoid the consequences of avoiding reality.")
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To: Seizethecarp

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.


86 posted on 08/30/2017 12:45:40 PM PDT by Mariner (War Criminal #18 ko)
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To: Seizethecarp
never before has someone stretched the pardon power so beyond its original intent

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.

87 posted on 08/30/2017 12:46:27 PM PDT by zipper (In their heart of hearts, every Democrat is a communist)
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To: Truth29

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.


88 posted on 08/30/2017 12:46:55 PM PDT by Neidermeyer (Show me a peaceful Muslim and I will show you a heretic to the Koran.)
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To: Seizethecarp

The judge is playing an interesting game. She could very well end up in prison.


89 posted on 08/30/2017 12:47:16 PM PDT by cdcdawg
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To: mdmathis6

Exactly.


90 posted on 08/30/2017 12:47:35 PM PDT by jazusamo (Have YOU Donated to Keep Free Republic Up and Running?)
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To: Williams

Judges have the self assumed power to change and vacate laws.

This will be interesting.


91 posted on 08/30/2017 12:48:19 PM PDT by redgolum
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To: Mariner
The Constitution places NO LIMITS on POTUS pardon power.

The Constitution places only ONE limit on the President's pardon power. The President cannot pardon in cases of impeachment.

-PJ

92 posted on 08/30/2017 12:49:45 PM PDT by Political Junkie Too (The 1st Amendment gives the People the right to a free press, not CNN the right to the 1st question.)
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To: Seizethecarp

Rubin is hallucinating again. Needs hospitalization


93 posted on 08/30/2017 12:52:53 PM PDT by faithhopecharity ("Politicans are not born, they're excreted." -- Marcus Tillius Cicero)
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To: Seizethecarp

If the Republican Congress has any integrity, they would impeach and remove this judge.


94 posted on 08/30/2017 12:53:22 PM PDT by Mariner (War Criminal #18 ko)
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To: Seizethecarp

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.


95 posted on 08/30/2017 12:54:47 PM PDT by jonrick46 (The Left has a mental illness: A totalitarian psyche.)
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To: Seizethecarp

Chill, bro, chill

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.

96 posted on 08/30/2017 12:55:27 PM PDT by Strac6 ("Mrs. Strac, Pilatus, and Sig Sauer: All the fun things in my life are Swiss!")
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To: Seizethecarp
his racist rhetoric

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.

97 posted on 08/30/2017 12:57:04 PM PDT by NorthMountain (The Democrats ... have lost their grip on reality -DJT)
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To: bgill
If Bolton were to follow Joe around he might could get her on harassment, stalking, or barratry.
98 posted on 08/30/2017 12:58:19 PM PDT by NorthMountain (The Democrats ... have lost their grip on reality -DJT)
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To: Seizethecarp

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.


99 posted on 08/30/2017 1:01:26 PM PDT by falcon99
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To: M Kehoe
All persons Born or Naturalized in the United States...

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.

100 posted on 08/30/2017 1:05:08 PM PDT by Bloody Sam Roberts ("Good judgment comes from experience, and a lot of that comes from bad judgment." - Will Rogers)
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