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Judge won’t throw out ruling explaining Arpaio’s conviction
Washington Times ^ | 10/19/17 | Jacques Billeaud

Posted on 10/19/2017 7:20:54 PM PDT by markomalley

The judge in former Sheriff Joe Arpaio’s now-pardoned criminal case has refused the retired lawman’s request to throw out all rulings in the case, including a blistering decision that explained her reasoning in finding him guilty of a crime.

The request denied Thursday by U.S. District Judge Susan Bolton was aimed at clearing Arpaio’s name and barring the ruling’s use in future court cases as an example of a prior bad act.

Bolton said pardons don’t erase convictions or the facts of cases. She said the pardon issued by President Donald Trump only mooted Arpaio’s possible punishments.

“The pardon undoubtedly spared defendant from any punishment that might otherwise have been imposed,” Bolton wrote. “It did not, however, ‘revise the historical facts’ of this case.”

Arpaio attorney Jack Wilenchik said his client will appeal Thursday’s decision.

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


TOPICS: US: Arizona
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To: dragnet2

Tyranny in black robes...


21 posted on 10/19/2017 8:23:39 PM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: Electric Graffiti

Well, it’s up to us whether we let the “pillars” lay bare or cover them with something. We let our own faith towards God down then wonder why the heathen are eating our lunch!


22 posted on 10/19/2017 8:33:31 PM PDT by HiTech RedNeck (Tryin' hard to win the No-Bull Prize.)
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To: markomalley

FWIW, Arpaio would be wise not to get into a war of words with a judge.

A higher Judge will supervise the scene. Whether or not this judge believes it.

Calm down Sherf. Let God do what God does. Don’t throw a hissy fit about sinful men — or women. The bible says that’s always to the evil.


23 posted on 10/19/2017 8:38:00 PM PDT by HiTech RedNeck (Tryin' hard to win the No-Bull Prize.)
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To: hal ogen

You can say THAT again ;^)


24 posted on 10/19/2017 8:48:24 PM PDT by Bikkuri
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To: markomalley; bitt; LucyT; null and void; Cold Case Posse Supporter; Flotsam_Jetsome; ...

ping to disgusting ruling by Judge Bolton to refuse to fully honor Trump’s pardon of Sheriff Arpaio by wiping out his case file, has he now had no chance of clearing his name on appeal!

Sheriff Arpaio’s legal team is appealing to 9th circus...


25 posted on 10/19/2017 9:21:40 PM PDT by Seizethecarp
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To: bigbob
Can she be removed from the bench?

There is not a politician in this country who has the gonads to file the paperwork to remove the piece of filth in a black robe. Even the Republican politicians like having liberal judges on the bench as it allows them to destroy the USA and deny culpability.

26 posted on 10/19/2017 9:22:45 PM PDT by OldMissileer (Atlas, Titan, Minuteman, PK. Winners of the Cold War)
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To: MileHi

ask Marc Rich! He’s free as a bird.. probably as popular with the rats as Roman Polanski..

plus he paves the way with dollar bills...


27 posted on 10/19/2017 9:36:07 PM PDT by bitt (press takes him literally, but not seriously; his supporters take him seriously, but not literally)
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To: Seizethecarp

Wow.


28 posted on 10/19/2017 9:39:50 PM PDT by BlackFemaleArmyColonel (No weapon formed against me shall prosper! (Isaiah 54:17))
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To: Seizethecarp; Whenifhow; GregNH; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; ...

p


29 posted on 10/19/2017 9:42:31 PM PDT by bitt (press takes him literally, but not seriously; his supporters take him seriously, but not literally)
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To: bitt

Hell yeah


30 posted on 10/19/2017 10:32:02 PM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: BenLurkin

There was no jury and therefore no jury verdict.

How then can this judge claim evidence of MOTIVE or INTENT establishes fact?

The Sheriff was charged with violating a court order to which he admitted he was knowledgeable of the court order but chose to do his job as he was authorized and expected to do without intent to profile persons arrested.

This judge can rule evidence is admissible, but deeming evidence as fact of MOTIVE or INTENT without a jury verdict appears arbitrary.

When a defendant pleads innocent, the defendant’s MOTIVE or INTENT is determined by credible witness testimony, legal recording, or admissible documents in front of a jury.

I remember reading that the Sheriff asked more than once for his right to a jury trial and was denied.

I sense that Sheriff Arpaio’s rights have been violated, perhaps grossly.


31 posted on 10/20/2017 7:07:12 AM PDT by Hostage (Article V)
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To: Publius

Even if you get all the Republicans to vote for conviction, how do get enough Democrats to vote along with them?


32 posted on 10/20/2017 7:58:14 AM PDT by Coronal
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To: onedoug

https://twitter.com/michaelbkiefer/status/901299143917748225


33 posted on 10/20/2017 8:06:34 AM PDT by jjotto ("Ya could look it up!")
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To: MileHi
A pardon means it never happened.

No. A pardon means no punishment or other 'disability' may be imposed on the person pardoned. Period.

A number of court rulings indicate using a pardon in court as a defense is an admission of guilt, notably Burdick v. United States.

34 posted on 10/20/2017 8:16:25 AM PDT by jjotto ("Ya could look it up!")
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To: jjotto

Thanks, jjotto.

I would think that should indicate that any conviction records be sealed.

It would also seem that this “judge” is acting in direct contravention of the President’s authority.


35 posted on 10/20/2017 8:57:27 AM PDT by onedoug
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To: Kalamata; Electric Graffiti
Its why we must go around the corrupt system.

One of the less understood yet revolutionary features of our governing forms is the built-in retention of the sovereign people’s authority to affect peaceful improvements to our state and national governments. Our new contribution to politics in 1787 was the idea of provisions for reformation, of enabling society to return to first principles.

Article V - Peaceful Revolution.

36 posted on 10/20/2017 12:59:58 PM PDT by Jacquerie (ArticleVBlog.com)
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To: Hostage

I guarantee the attitude of the 900 or so Article III judges would change for the better if congress collected, through impeachment, a judicial scalp or two every year.


37 posted on 10/20/2017 1:06:54 PM PDT by Jacquerie (ArticleVBlog.com)
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To: Jacquerie

I think Article V is well intentioned but too dangerous to currently initiate.

There are too many termites not only in the infrastructure but the general population as well. They must be permanently removed.

Our society needs a true spiritual revival, to have it once again restored as deeply religious and moral. If that were ever to truly happen, we wouldn’t need to mess with our Founders’ original documents.

JMO.


38 posted on 10/20/2017 1:22:28 PM PDT by Kalamata (Inside Every Liberal is a Totalitarian Screaming to Get Out - D. Horowitz)
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To: Jacquerie

Yes.


39 posted on 10/20/2017 1:59:14 PM PDT by Hostage (Article V)
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To: Kalamata
Our Framers' document has been messed with, most notably by the 17th Amendment, which spawned an Anti-10th Amendment judiciary.

Reliance on the virtue of the public, without regard to the structure of governing institutions, is what necessitated the 1787 federal convention.

Society cannot revive under the existing Scotus rulings.

See Mark Levin's Liberty Amendments Part IV.

40 posted on 10/20/2017 2:27:44 PM PDT by Jacquerie (ArticleVBlog.com)
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