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Judge May Keep Sheriff Joe Conviction Despite Trump Pardon
Daily Caller ^ | September 15, 2017 | ANDERS HAGSTROM

Posted on 09/15/2017 12:19:45 PM PDT by Kalamata

"A U.S. district judge may refuse to rescind Sheriff Joe Arpaio’s conviction for ignoring a court order, despite President Donald Trump’s pardon, according to a Thursday filing."

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


TOPICS: News/Current Events; US: Arizona
KEYWORDS: arpaio; leo; sheriffjoe; third100days; trump45
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To: Alberta's Child; All

Note the following from back in August:

Attorneys for Arpaio argued that because the former Maricopa County Sheriff was pardoned before he could
exhaust all of his appeals, his case is rendered moot. But because the case is moot, Arpaio cannot pursue
an overturning of his conviction. Thus, his only avenue is to have the court vacate it.

http://www.cnn.com/2017/08/28/politics/sheriff-joe-arpaio-move-dismiss-case/index.html


41 posted on 09/15/2017 12:43:16 PM PDT by deport
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To: Kalamata
#31: "Mean eyes, cold heart. Yes, a Dem."

Exactly my thoughts. I shudder for whoever she is married to. I can't imagine waking up next to such a cold, icy witch.
 

42 posted on 09/15/2017 12:43:32 PM PDT by Governor Dinwiddie
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To: pierrem15; JamesP81
It may seem like I'm confusing a commutation with a full pardon, but according to Arpaio's lawyers there are legitimate reasons why he would prefer to have his sentence overturned than to receive a pardon.

Ironically, the judge would have preferred to just clear the case off her docket entirely. In order for this motion hearing to overturn the conviction to proceed, Arpaio's legal team first had to convince her that there was even a need to go through with it in light of the pardon that had been granted.

If I remember correctly from a previous article on this subject, I believe it has everything to do with: (1) Arpaio's qualifications to serve in positions of public trust in the future, and (2) potential issues with security clearances for certain positions he might hold.

43 posted on 09/15/2017 12:44:23 PM PDT by Alberta's Child ("I was elected to represent the citizens of Pittsburgh, not Paris." -- President Trump, 6/1/2017)
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To: Kalamata

U.S. District Judge Susan Bolton needs to be removed from the bench.

Trump has acted in accordance with the law, and she no longer as any judicial standing in this matter.

If she follows through here, toss her out on her soft head.


44 posted on 09/15/2017 12:44:58 PM PDT by DoughtyOne (Trump now FR public enemy number one. Man how the MSM, DU, & HP must be thrilled tonight.)
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To: Kalamata

I say lock her up with illegals who are murders and rapists.

Everyone is equal in prison.


45 posted on 09/15/2017 12:45:03 PM PDT by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: Kalamata

A presidential pardon eliminates punishment for a crime. The actual conviction, though, stays on the record if this commie judge doesn’t overturn it.


46 posted on 09/15/2017 12:45:06 PM PDT by Signalman
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To: Lurkinanloomin

Exactly. Too bad, so sad. President’s pardon is final.

And if he tries to send police, Trump should send US Marshals to protect Sheriff Joe.

Let’s see where that goes.

Sheriff Joe should tell the judge GFyourself.


47 posted on 09/15/2017 12:45:49 PM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: Alberta's Child

If that is true, then the judge needs to vacate the case.

It should not proceed, and she should know that.

It’s a waste of taxpayer money, and the court’s time.


48 posted on 09/15/2017 12:47:32 PM PDT by DoughtyOne (Trump now FR public enemy number one. Man how the MSM, DU, & HP must be thrilled tonight.)
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To: Alberta's Child

why would he try to have his conviction over turned if he was pardoned?


49 posted on 09/15/2017 12:47:42 PM PDT by nikos1121 (Let's get Newt in there to help...)
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To: Governor Dinwiddie

Democrat tunc.


50 posted on 09/15/2017 12:47:56 PM PDT by Bonemaker
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To: Lurkinanloomin

The power of the President of the United States to grant a pardon is absolute. It cannot be challenged by any court of law once granted.

If this judge wants to go after Sheriff Joe, it had better be on on an entirely different charge. Vindictiveness has no place on any judgment bench.


51 posted on 09/15/2017 12:48:59 PM PDT by alloysteel (Guilty until proven innocent, while denying defense, justice, mercy or any appeal. No pardon, ever.)
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To: Kalamata

The pardon power is something placed in the body of the Constitution by the Founders - it isn’t even an amendment. It is a power that cannot be reviewed or modified in any way.

Methinks that Judge Bolton needs to be impeached if she is incapable of understanding this. She has, of course, the right to her opinion. If she wanted to pen and op-ed about this, or write a letter to Trump or members of Congress about it, I’m fine with that. But a pardon is a pardon. The future of Joe Arpaio is clear - he CANNOT serve a single day in jail, nor be fined, nor punished in any way at all for the offense for which Trump pardoned him.

Please, Bolton, throw him in jail. I WANT to see not only a Section 1983 suit for your violation of Arpaio’s civil rights under color of law, but I WANT to see at least one federal judge impeached and removed from office by Congress in my lifetime. Do it, PLEASE!


52 posted on 09/15/2017 12:50:05 PM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt)
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To: Kalamata

Susan is not a judge. Susan is a paid political hack that needs a good stoning


53 posted on 09/15/2017 12:51:17 PM PDT by bert (K.E.; N.P.; GOPc;WASP .... The Fourth Estate is the Fifth Column)
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To: nikos1121; All
From a prior (8/29/17) article from Tucson.com explaining why Arpaio's lawyers would prefer to have the conviction overturned than negated via the pardon:

For example, they [Arpaio's attorneys] cited court rulings that said this conviction could be used against him at the time of sentencing if he is ever found guilty of any other crime. That could result in a stiffer sentence.

54 posted on 09/15/2017 12:51:17 PM PDT by Alberta's Child ("I was elected to represent the citizens of Pittsburgh, not Paris." -- President Trump, 6/1/2017)
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To: subterfuge
Oh, now I see the problem. The judge is dead inside. She’s a semi-healthy zombie.

most zombies will be offended

55 posted on 09/15/2017 12:51:20 PM PDT by TheRightGuy (I want MY BAILOUT ... a billion or two should do!)
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To: Alberta's Child
"Arpaio already had a motion before the judge to overturn his conviction. Despite the pardon, it's Arpaio who is pushing to have this motion heard. He'd rather have the conviction overturned (which means it isn't reflected anywhere in his record) than accept the pardon (which means it is)."

Interesting how facts can change everything.

56 posted on 09/15/2017 12:52:04 PM PDT by ctdonath2 (It's not "white privilege", it's "Puritan work ethic". Behavior begets consequences.)
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To: ctdonath2

Facts? What are they? LOL.


57 posted on 09/15/2017 12:53:01 PM PDT by Alberta's Child ("I was elected to represent the citizens of Pittsburgh, not Paris." -- President Trump, 6/1/2017)
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To: pierrem15; Alberta's Child

“A full pardon legally means, “no conviction.” “


That is 100% the truth. Joe Arpaio right now has no criminal record, period. President Trump wiped it away with a stroke of his pen, with power granted to him to do this under the Constitution.

As of a couple of weeks ago, there was no crime.


58 posted on 09/15/2017 12:54:01 PM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt)
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To: Kalamata

Remember when that Judge refused to rescind the conviction for the traitor who should have been executed, freakazoid Bradley/Chelsea Manning? Neither do I. Or how about the other slimebag Obama pardoned, the FALN terrorist? Nope.


59 posted on 09/15/2017 12:56:07 PM PDT by GrandJediMasterYoda (Trump: Greatest POTUS of all time solely for preventing Satan taking office.)
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To: Alberta's Child; pierrem15; JamesP81

“If I remember correctly from a previous article on this subject, I believe it has everything to do with: (1) Arpaio’s qualifications to serve in positions of public trust in the future, and (2) potential issues with security clearances for certain positions he might hold. “


He’s 85. He isn’t going to serve anything except lunch to his sick wife.

It may be about his pride...but the pardon stopped all proceedings. I don’t even know why there is anything going on in court about this matter at this point.


60 posted on 09/15/2017 12:56:20 PM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt)
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