Legal group moves to challenge Trump's Arpaio pardon

[DonViejo]

Source: Politico




By MADELINE CONWAY 09/11/2017 04:06 PM EDT

An advocacy group moved on Monday to challenge Donald Trump’s pardon of controversial former Arizona Sheriff Joe Arpaio, alleging that the president's move was unconstitutional because it undermined the power of the federal judiciary.

A public interest law firm, the Roderick and Solange MacArthur Justice Center, sought to file an amicus brief in an Arizona district court, where Arpaio is seeking to vacate a conviction after Trump granted him a pardon last month. The brief was initially turned down by a judge on procedural grounds.

Arpaio, the former sheriff of Maricopa County, has been repeatedly accused of employing racist law enforcement tactics and mistreating inmates. A Justice Department civil rights investigation concluded that his department racially profiled Latinos, and Arpaio in 2016 lost a bid for re-election. In July, he was convicted of criminal contempt of court because he had continued to detain immigrants without sufficient reason after a federal court order told him to stop. Trump pardoned Arpaio in August, pointing to his "selfless public service."

The MacArthur Justice Center moved to file in the case on Monday but was warned by Judge Susan Bolton that the motion would be denied in three days if it is not edited to adhere to court procedure.

Read more: http://www.politico.com/story/2017/09/11/trump-arpaio-pardon-challenge-242562

[bucolic_frolic]

1. undermined the power of the federal judiciary

So it is a separation of powers case. His pardon made something that the courts deemed illegal into something that appeared to be legal, simply because the President used his pardon power.

They may have a case, simply because the perp failed to show any remorse, didn't apply for a pardon, the proper time for considering his actions hadn't elapsed, and it sets a precedent for authorizing illegal activity that will later be forgiven.

[onit2day]

5. Well said

[SylviaD]

2. Unfortunately, this will go nowhere.

The power of the Presidential Pardon is absolute. Which is why Trump cannot be allowed to continue to use it. IMPEACH NOW

[caduceus111]

4. So if the president ordered troops to harm innocent U.S. citizens...

(or any other crime for that matter) under the protection of pardon, would you still say that the power of pardon is absolute?

I don't think a judge would agree. There are boundaries to the Constitution in many matters. Arpaio's pardon subverts the rule of law.

I agree with your last sentence though.

[bucolic_frolic]

6. The power of the pardon is not absolute

There are DOJ rules that must be followed. There are legal papers to be put in order, and procedures
to be followed. And matters surrounding the pardon can be brought before a court of law.

[amalasuntha]

7. There is only one restriction on the Presidents' pardon power,

it may not be used in cases of impeachment. No other rules limit his power to pardon any other offence .

[bucolic_frolic]

8. DOJ rules require a 5 year waiting period

and an application for pardon, presumably an indication of remorse

[tammywammy]

9. DOJ rules don't overrule the Constitution

The only limit to the presidential pardon in the Constitution is in cases of impeachment.

[former9thward]

3. A PR suit to get contributions to their organization.

Legally it has no merit and they did not even follow the court rules in filing the suit.