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Sheriff Arpaio Pardon Update & Dems House-Judiciary

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Posted on April 21 2018

 

Pardon me? No really Pardon me?

 

In August of 2017, during Hurricane Harvey, president Trump issued his first (and presumably MANY) presidential pardon. Trump’s pardon powers, Pardoning of Sheriff Joe Arpaio was previously discussed here 

 

 

The Ninth Circuit Court of Appeals

April 17, 2018 Published Order


JOSEPH M. ARPAIO, Sheriff, Defendant & Appellant

No. 17-10448, D.C. No. 2:16-cr-01012-SRB-1

Guilty of: Criminal Contempt of Court, Special Counsel Appointment 

 

Background of Appeal:

 

  • Sheriff Arpaio, referred for Criminal Contempt of Court on August 19, 2016
  • Sheriff Arpaio convicted on July 31, 2017.
  • August 25, 2017, president Trump pardoned Arpaio BEFORE the Court handed down Arpaio’s sentence.
  • Sheriff Arpaio’s sentencing was “set for October 5, 2017.”
  • August 28, 2017, Sheriff Arpaio moved for two forms of relief:

 

      • First, Sheriff Arpaio moved “to dismiss this matter with prejudice.”
      • Second, Arpaio asked the district court “to vacate the verdict and all other orders in this matter, as well as the Sentencing on October 5th.”

 

October 4, 2017:

“The district court dismissed with prejudice the action for criminal contempt. No timely notice of appeal from the dismissal order was filed. We denied a late-filed request for the appointment of counsel to “cross- appeal the District Court’s Order dismissing the charges.”

 

October 19, 2017:

“The district court denied vacatur and refused to grant “relief beyond dismissal with prejudice.”

 

“That same day, Sheriff Arpaio filed a timely notice of appeal. In response to a request for the appointment of counsel to “defend the District Court’s Order denying Arpaio’s request for vacatur,” we ordered the United States to “file a statement indicating whether it intends to enter an appearance and file an answering brief in this appeal.”

 

Basically the United States, under the Trump Administration “abandoned their position” by informing the Court...”does not intend to defend the district court’s order from October 19, 2017 . . . ; instead, the government intends to argue, as it did in the district court, that the motion to vacate should have been granted.” And offered “no position on whether the Court should appoint counsel to make any additional arguments.”

 

 

 

Just in case some twitter trolls decided to mass report my account (again) archive thread link here.

 

 

The net net is: Trump didn’t obtain input from the Department of Justice, nor did Trump follow the standard pardon protocols. If Trump had done his due diligence he would have known: you wait until after the guilty party is “sentenced” before you grant said party a Presidential Pardon. This further confirms my theory that this Arpaio Pardon was Trump “testing his pardon powers”. That said logically Arpaio’s petitioning to have his guilty verdict vacated creates a bit of a legal conundrum. By Arpaio accepting said Pardon, that’s an actual admission of Arpaio’s guit. Arpaio Request to have his conviction vacated, would moot his presidential pardon. Hence why I say it creates an interesting legal conundrum. For now Arpaio’s conviction stands, we have to wait and see what the a Special Counsel argues. But the case isn’t settled, not by a long shot.

 

Additional FACTS Sheriff Arpaio’s conduct:

 

  • Arpaio’s racial profiling cost Maricopa Co tax payers $79 million in legal expeditures related to Arpaio’s office, this accounts for; judgments, settlements and additional legal fess related to inmate deaths and Arpaio’s  investigations into his perceived “political enemies.” AZ Central article here 
  • 2011 death of Ernest Atencio, his family was awarded $7M, in total 6 inmate deaths under Sheriff Arpaio’s watch cost tax payers $31.5M, that does NOT include legal defense cost. You can read more via AZ Central here.

 

I want you to listen very carefully to the Question and Trump’s response, because if you think it’s “normal” to have a president:

  1. Trump issued his 1st Presidential Pardon in the middle of Hurricane Harvey
  2. When asked about it, Trump talks about the TV “ratings”.
  3. This cavalier attitude that Trump can do whatever he wants, proves he’s unfit

Make no mistake Truimp thinks he’s above the law, it’s vulgar and offensive

 

House Judiciary Democrats want answers

On April 17, 2018;

Judiciary Committee Ranking Member Jerrold Nadler (D-NY) sent the following letter. Which was signed by every Democratic Member of the House Judiciary Committee to House Judiciary Committee Comrade. I mean to  “Chairman Bob Goodlatte, urging him to hold hearings on Trump’s pardon of Scooter Libby. “

You can read their letter here.

 

-Spicy Out 

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