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 ...
This is nonsense, clickbait WaPo trolling.
The president shall have Power to grant Reprieves and Pardons for Offences against the United States - US Const art 2 sec 2
I don't remember the WaPo weighing in on the deviation from "original intent" behind pardoning convicted Puerto Rican terrorists, or tax-evading fugitive millionaire buddies.
I am sure the southern gentleman feckless sessions will just roll over and play dead.
There’s plenty of precedent. Ford pardoned Nixon before any charges of any sort. I’m pretty sure Clinton’s pardon of Marc Rich, which was obviously a bought and paid for pardon, was the same.
Some people simply have too much time on their hands.
Interesting issue: the Democrat judge issues a decision that Trump’s pardon is invalid, and orders that Arpaio be incarcerated. Trump’s Justice Department (I know, with Sessions it’s unlikely but let’s say he actually grows a pair for the sake of this hypothetical) issues an opinion that the Judge’s order is invalid and in violation of the separation of powers in the Constitution. What will law enforcement do?
Honoring the pardon is not the responsibility of the court. The President issued the pardon. There is no accepting or not accepting where the court is concerned.
She cancelled the sentencing hearing because there is no sentence to hold a hearing on anymore. Trump's pardon has made that a moot issue.
As for Arpiao's request to throw out the conviction, the pardon makes that moot as well. He accepted the pardon so he accepts the conviction that makes the pardon necessary. The pardon removes any penalties related to it.
Here is a PARTIAL list of President Trump’s accomplishments in his first 7 months in office:
1. Supreme Court Judge Gorsuch
2. 59 missiles dropped in Syria
3. He took us out of TPP
4. Illegal immigration is now down 70%( the lowest in 17 years)
5. Consumer confidence highest since 2000 at index 125.6
6. Mortgage applications for new homes rise to a seven year high
7. Arranged from 7% to 24% Tariff on lumber from Canada
8. Bids for border wall are well underway
9. Pulled out of the lopsided Paris accord
10. Keystone pipeline approved
11. NATO allies boost spending by 4.3%
12. Allowing VA to terminate bad employees
13. Allowing private healthcare choices for veterans
14. More than 1,000,000 new jobs created
15. Median household income at a 7 year high
16. The Stock Market is at the highest ever in its history
17. China agreed to American import of beef
18. $89 Billion saved in regulation rollbacks
19. Rollback of a Regulation to boost coal mining
20. MOAB for ISIS
21. Travel ban reinstated
22. Executive order for religious freedom
23. Jump started NASA
24. $600 million cut from UN peacekeeping budget
25. Targeting of MS13 gangs
26. Deporting violent illegal immigrants
27. Signed 41 bills to date
28. Created a commission on child trafficking
29. Created a commission on voter fraud
30. Created a commission for opioids addiction
31. Giving power to states to drug test unemployment recipients
32. Unemployment lowest since May 2007
33. Historic Black College University initiative
34. Women In Entrepreneurship Act
35. Created an office for illegal immigrant crime victims
36. Reversed Dodd-Frank
37. Repealed DOT ruling which would have taken power away from local governments for infrastructure planning
38. Order to stop crime against law enforcement
39. End of DAPA program
40. Stopped companies from moving out of America
41. Promoted businesses to create American Jobs
42. Encouraged country to once again - ‘Buy American and hire American’
43. Cutting regulations: 2 for every new one created
45. Review of all trade agreements to make sure they are America first
46. Apprentice program
47. Highest manufacturing surge in 3 years
48. $78 Billion promised reinvestment from major businesses like Exxon, Bayer, Apple, SoftBank, Toyota
49. Denied FBI a new building
50. $700 million saved with F-35 renegotiation
51. Saves $22 million by reducing white house payroll
52. Dept of Treasury reports a $182 billion surplus for April 2017 (2nd largest in history)
53. Negotiated the release of 6 US humanitarian workers held captive in Egypt
54. Gas prices lowest in more than 12 years
55. Signed An Executive Order To Promote Energy Independence and Economic Growth
56. Has already accomplished more to stop government interference into people’s lives than any President in the history of America
57. President Trump has worked with Congress to pass more legislation in his first 100 days than any President since Truman
58. Has given head executive of each branches 6 month time frame, dated March 15, 2017, to trim the fat, restructure and improve efficiency of their branch. (Observe the push-back the leaks the lies as entrenched POWER refuses to go silently into that good night!)
59. Last, refused his Presidential pay checks. Donated first quarter to Veterans issues; second quarter went to the Betsy Voss for her version of better schools (Charter Schools are certainly on the list)
We need a weeding out of all the loonies on the benches. A simple quiz on separation of powers might be a good start. The presidential power is the last word.
Sore losers and judicial activists need to get out of Dodge. There may still be some openings in Canada if they are quick.
What an asinine decision. Any police officer can arrest anyone on “reasonable belief” that a crime has been committed. You don’t need proof beyond a reasonable doubt at this stage of the process. The “racial profiling” requirement is completely bogus, and imposed for the purpose of giving special protection to people these judges know are breaking the law. You can’t find Mexican illegals, in a state bordering on Mexico, without stopping Mexicans you have a reasonable belief are not legally in the US!
Oil the guillotines, light the torches and sharpen the pitch forks.
Just from the picture I can assure you all that this thing is an unsatisfied shrew who got her “law” degree from a matchbook. What an overreaching idiot.
Sessions should instruct the DOJ attorneys to not file ANYTHING except a short statement that the President’s pardon has rendered this case moot and all charges have been rescinded.
All persons Born or Naturalized in the United States...
; nor shall any state deprive any person of
********************
This amendment has to do with freed slaves and the inclusiveness of the part you want to focus on is just a way to include the freed slaves who were not yet always treated as citizens ... The opening sentence makes it clear that persons born outside the USA who are not naturalized are not protected or included...
1. Arpaio is convicted of contempt of court by the judge.
2. While he is awaiting sentencing, his legal team files a motion -- complete with all kinds of legal arguments -- to vacate the conviction.
3. The U.S. Justice Department -- which prosecuted the Federal case in this judge's courtroom -- has apparently not filed any response to the motion to vacate the conviction.
4. President Trump issues a formal pardon to Arpaio.
Arpaio is a free man and will never have to answer for anything related to the case against him, but the judge still has this case on the docket and has to go through a formal process to end it. In effect, she's telling the U.S. Justice Department (remember, they prosecuted the original case) that it has to do something to close out the case ... even if it means filing paperwork saying that they will not respond to Arpaio's motion because the case is moot.
President Trump actually threw a monkeywrench into the whole process with the timing of his pardon. LOL.
I thought your post had a very illuminating timeline. However, the Phoenix local TV news put a different spin on this last night. They said that Arpaio WANTED to go forward with the court system since accepting the pardon at this time would imply an admission of guilt on his part. The TV news says that Sheriff Joe intends to win on appeal!
Were those pardons issued while the guys who were pardoned had court decisions for their cases still pending? THAT is what I find so unusual about this.
Were those pardons issued while the guys who were pardoned had court decisions for their cases still pending? THAT is what I find so unusual about this.
That seems like the most reasonable course of action to me.
That is positive proof then that the prosecution of Arpaio is purely political. Not based on constitutional law.
I see there are reasons that cases go before SCOTUS.
In my limited legal opinion, the “persons” were defined in the first sentence.
No other definitions of “persons” regarding the amendment were forthcoming.
See you in DC.
8^)
5.56mm
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.