It Looks Like Sheriff Joe's Criminal Conviction Will Be Quashed

It Looks Like Sheriff Joe's Criminal Conviction Will Be Quashed

The Justice Department said in a court filing Monday that it agrees a federal judge should erase her finding that former Arizona Sheriff Joe Arpaio violated a court order and was guilty of criminal contempt - a move that would have virtually no practical impact but which Arpaio considers a symbol of vindication. That power rests exclusively with the federal courts. "The Arpaio Pardon seeks to do just that". Arpaio, pardoned last month by Trump, was set to receive the Conservative Leadership Conference's Courage Under Fire Award at the group's dinner Saturday night at the Tropicana.

The brief cites case law and precedent to explain why the U.S. Constitution's otherwise broad pardon power is limited by the Due Process Clause of the Fifth Amendment, which guarantees that no person will be "deprived of life, liberty, or property, without due process of law".

Amid fears of massive protests, Las Vegas police asked a conservative group to change the venue for a dinner honoring Joe Arpaio, the controversial former sheriff fresh off a pardon from President Donald Trump. We don't know if the court will even entertain the arguments.

Second, the amicus brief argues that the pardon violates the principle that Article III courts have a duty to provide effective redress when a public official violates the Constitution.

2013: Snow rules that Arpaio violated Latino drivers' rights by racially profiling them in response to an ACLU class-action case.

Arpaio, defeated past year in the same election that sent Trump to the White House, is now talking about getting back into politics.

Though the president has the power to grant reprieves to any person for crimes against the United States, he does not have the power to vacate convictions. If Trump's associates and family members think Trump has an unlimited "get out of jail free" card so they need only protect him to spare themselves, they may want to rethink their assumptions. As such, Trump may be more hesitant to wipe the slate clean for former aides by testing the patience of courts, the special prosecutor and/or Congress.

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