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Mon Aug 28, 2017, 09:33 AM

Anyone. did Arpaio

officially accept trumps pardon?

10 replies, 3398 views

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Reply Anyone. did Arpaio (Original post)
bluestarone Aug 2017 OP
Tommy_Carcetti Aug 2017 #1
unblock Aug 2017 #2
bluestarone Aug 2017 #4
unblock Aug 2017 #5
bluestarone Aug 2017 #9
unblock Aug 2017 #10
Orrex Aug 2017 #3
unblock Aug 2017 #6
Orrex Aug 2017 #7
JustABozoOnThisBus Aug 2017 #8

Response to bluestarone (Original post)

Mon Aug 28, 2017, 09:40 AM

1. I'm sure he will if he hasn't already.

Because "following the law" is for thee and not for me!

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Response to bluestarone (Original post)

Mon Aug 28, 2017, 09:48 AM

2. most likely he won't officially, legally have to

in practice, prosecutors would simply drop the case, aware that the pardon exists.

prosecutors should insist on seeing the actual document pardoning him, but after reviewing it and determining their case was a complete non-starter, they would drop the charges.

from a legal perspective, none of this is "acceptance" of the pardon. only if prosecutors decide to continue with the case, thereby forcing arpaio to produce the pardon *in court*, would that constitute acceptance of the pardon.

this is the sort of thing that only gets a judge to chastise the prosecutor for wasting the court's valuable time, so i don't see it happening.

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Response to unblock (Reply #2)

Mon Aug 28, 2017, 10:04 AM

4. ty i'm

just wondering about the civil lawsuits if there are anyone that knows he accepted the pardon they could file?

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Response to bluestarone (Reply #4)

Mon Aug 28, 2017, 10:12 AM

5. i am of the opinion that a pardon would be irrelevant.

i am aware of the 1915 case burdick v. united states, where the supreme court determined that acceptance of a pardon carried an implicit admission of guilt. however, this was part of the logic in a case used to decide if a pardon could be forced on an unwilling recipient in order to compel them to testify, using the logic that the 5th amendment safeguard against self-incrimination wouldn't apply after a pardon.

as far as i'm aware, the court as never considered the question of whether or not acceptance and use of a pardon would constitute an admission of guilt that could then be used against that person in a civil case.

my own opinion is that it should generally should not. imagine someone convicted and imprisoned for a crime they didn't commit, but later cleared by dna evidence after all appeals have been lost. the president pardons the innocent person, but then that person has to choose whether to serve out the sentence for a crime they didn't commit (by refusing to accept the pardon) or to be liable for civil damages for a tort they didn't commit (by accepting the pardon, thereby admitting guilt to a crime they didn't commit).

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Response to unblock (Reply #5)

Mon Aug 28, 2017, 11:02 AM

9. agree with your thoughts BUT

We all know this ASSHOLE is guilty and ABOVE you're reasoning? No self-incrimination needed. There's enough evidence to win civil case! I just want him to pay one way or another! LOL

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Response to bluestarone (Reply #9)

Mon Aug 28, 2017, 11:07 AM

10. Agreed.

Civil cases should be comparatively easy. His behavior is well-documented and he's not denying it. Hell, he's proud of it.

Just saying that a criminal pardon should not be relevant.

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Response to bluestarone (Original post)

Mon Aug 28, 2017, 09:54 AM

3. It would warm my heart to see that asshole die of a coronary by week's end

He's pardoned, sure, but I never believed that he'd spend a day in jail regardless.

That evil fucker will die a convicted felon, and not soon enough.

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Response to Orrex (Reply #3)

Mon Aug 28, 2017, 10:15 AM

6. he deserves to be beaten and neglected in a 145 degree tent and denied medical treatment.

i'm not advocating that anyone actually give him such inhumane treatment, just saying it's what he richly deserves.

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Response to unblock (Reply #6)

Mon Aug 28, 2017, 10:30 AM

7. I have no comment, except to say that I certainly will not refute that position

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Response to bluestarone (Original post)

Mon Aug 28, 2017, 10:53 AM

8. Is that a necessary step?

Does a "pardonee" need to accept the pardon to make it official?

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