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Legal challenge to Arpaio pardon begins
https://www.washingtonpost.com/blogs/right-turn/wp/2017/08/30/legal-challenge-to-arpaio-pardon-begins/?hpid=hp_no-name_opinion-card-b%3Ahomepage%2Fstory&utm_term=.18f72244a14eProtect Democracy*, an activist group seeking to thwart Trumps violations of legal norms, and a group of lawyers have sent a letter to Raymond N. Hulser and John Dixon Keller of the Public Integrity Section, Criminal Division of the Justice Department, arguing that the pardon goes beyond constitutional limits. In their letter obtained by Right Turn, they argue:
While the Constitutions pardon power is broad, it is not unlimited. Like all provisions of the original Constitution of 1787, it is limited by later-enacted amendments, starting with the Bill of Rights. For example, were a president to announce that he planned to pardon all white defendants convicted of a certain crime but not all black defendants, that would conflict with the Fourteenth Amendments Equal Protection Clause.
Similarly, issuance of a pardon that violates the Fifth Amendments Due Process Clause is also suspect. Under the Due Process Clause, no one in the United States (citizen or otherwise) may be deprived of life, liberty, or property, without due process of law. But for due process and judicial review to function, courts must be able to restrain government officials. Due process requires that, when a government official is found by a court to be violating individuals constitutional rights, the court can issue effective relief (such as an injunction) ordering the official to cease this unconstitutional conduct. And for an injunction to be effective, there must be a penalty for violation of the injunctionprincipally, contempt of court.
Put simply, the argument is that the president cannot obviate the courts powers to enforce its orders when the constitutional rights of others is at stake. The president cant use the pardon power to immunize lawless officials from consequences for violating peoples constitutional rights, says one of the lawyers who authored the letter, Ron Fein, legal director of Free Speech for People. Clearly, there is a larger concern here that goes beyond Arpaio. After repeatedly belittling and undermining judges verbally and on Twitter, now President Trump is escalating his attack on the courts into concrete actions, says Ian Bassin, executive director of Protect Democracy. His pardon and celebration of Joe Arpaio for ignoring a judicial order is a threat to our democracy and every citizens rights, and should not be allowed to stand.
* https://unitedtoprotectdemocracy.org/about/
More at link. Note that the Washington Post has dropped its paywall for the duration of the Harvey emergency.
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Legal challenge to Arpaio pardon begins (Original Post)
Stonepounder
Aug 2017
OP
If Arpaio were still a sitting Sheriff, this argument might have a leg to stand on.
Hassin Bin Sober
Aug 2017
#3
saidsimplesimon
(7,888 posts)1. K&R Stonepounder
I have been using MSN news feeds to get around their paywall.
Nitram
(24,438 posts)2. I've been subscribing to the Post to get around their paywall.
A great newspaper.
Hassin Bin Sober
(26,676 posts)3. If Arpaio were still a sitting Sheriff, this argument might have a leg to stand on.
Even then it would be a stretch.
If the president were using some sort of revolving pardon to immunize a sitting sheriff from prosecution for violation of rights it would be a huge Constitutional crisis. This ain't that.
vkkv
(3,384 posts)5. This argument would at least seem to uphold the constitution::
The president cant use the pardon power to immunize lawless officials from consequences for violating peoples constitutional rights, says one of the lawyers
yes?
Hassin Bin Sober
(26,676 posts)6. Nope.
The Constitution is pretty cut and dried on this.
The only way to stop him is through impeachment. That's the only check on his pardon power.
vkkv
(3,384 posts)7. I guess we'll find out! Could be interesting at least.
vkkv
(3,384 posts)4. Arpaio.. he's got a thing about pink undies and humiliation doesn't he..
What's he hiding?
Self-hate for being afraid that he is gay?
Meanness is usually associated with some hang-up, imaginary or not.