lol Cubby
http://tucson.com/news/local/arizona...eb05f81a3.html
Arizona Sheriff Joe Arpaio loses bid to have his criminal record wiped clean
Saying the president can't erase facts, a federal judge on Thursday rejected a bid by former Maricopa County Sheriff Joe Arpaio to have all record of his criminal conviction wiped out.
Susan Bolton said she already dismissed the criminal contempt case against Arpaio following the decision by President Trump to issue a pardon. That saved the former sheriff, who had been found guilty, from the possibility of going to jail for up to six months.
But Bolton rebuffed Arpaio's claim that the pardon also en led him to have the entire conviction erased.
"The power to pardon is an executive prerogative of mercy, not of judicial record-keeping," Bolton wrote, quoting earlier court precedent.
"The pardon undoubtedly spared defendant from any punishment that might otherwise have been imposed," the judge continued. "It did not, however, revise the historical facts of this case."
Arpaio, however, is not willing to simply enjoy his freedom.
"It's not going to be dropped," he told Capitol Media Services.
Jack Wilenchik, one of his attorneys, said the relief the sheriff is seeking is important.
He said Arpaio intended to appeal his conviction, if for no other reason than Bolton had said he was not en led to a jury trial. Wilenchik said he believes Arpaio would have won.
But now, with the pardon, there's no opportunity to appeal, meaning the record of the conviction remains. And that, he said would be something that could be used against the former sheriff in any future criminal or civil case.
The conviction stems from the years' old case filed against Arpaio and the department he led, accusing the agency of having policies of stopping motorists who look like they might be in the country illegally, whether or not they had violated any state laws. Deputies then would hand the people over to federal immigration officials.
U.S. District Judge Murray Snow found Arpaio and the department guilty of illegal racial profiling and he ordered it to stop. Snow later concluded the department violated his orders and referred Arpaio, two aides and a former attorney for charges of criminal contempt.
The Department of Justice, then under President Obama, decided to pursue only Arpaio. And Bolton, who handled that case, used his own words and press releases to show he intentionally ignored Snow's orders.
But before he could be sentenced, Trump interceded. And Bolton concluded that ended the case.
Wilenchik, however, said that's not enough.
He said the conviction should be nullified. And Wilenchik said Bolton is misstating his arguments in asking that any evidence of the case against Arpaio be wiped out.
"We're not asking to undo facts," he said.
"We're not asking for expungement," Wilenchik continued. "There's no such thing in federal law."
What Wilenchik said he does want is a recognition that the case is now legally moot. He said it's no different than if someone dies before sentencing or having a chance to appeal.
"The whole case gets undone," he said, with the conviction nullified.
But Bolton said that's not the way things work. She said the right of the president to pardon the former sheriff is different — and separate from — what actually occurred in court.
More to the point, she said what Arpaio wants ignores the legal nature of a pardon.
First, she said, it must be accepted. At that point, Bolton wrote, the defendant is no longer subject to punishment and all of his or her civil rights are restored.
"It does not erase a judgment of conviction, or its underlying legal and factual findings," Bolton said. In fact, the judge said there is case law showing that a pardon carries an imputation of guilt — and that acceptance is "a confession of it."
In this case, Bolton said, Trump issued the pardon and Arpaio accepted it. And as she reads the law, that ends the case, but does not en le the former sheriff to have his underlying conviction wiped out.
That conviction apparently has not dimmed the former sheriff's political pull. On Thursday, when contacted by Capitol Media Services, he was in California, campaigning on behalf of congressional candidate Omar Navarro who hopes to unseat in bent Democrat Maxine Waters.
Saying the president can't erase facts, a federal judge this afternoon rejected a bid by former Maricopa County Sheriff Joe Arpaio to have all records of his criminal conviction wiped out.
Susan Bolton said she already dismissed the criminal contempt case against Arpaio following the decision by President Trump to issue a pardon. That saved the former sheriff, who had been found guilty, from the possibility of going to jail.
But Bolton rebuffed Arpaio's claim that the pardon also en led him to have the entire conviction erased.
"The power to pardon is an executive prerogative of mercy, not of judicial record-keeping," Bolton wrote, quoting earlier court precedent.
"The pardon undoubtedly spared defendant from any punishment that might otherwise have been imposed," the judge continued. "It did not, however, revise the historical facts of this case."
His popularity in Arizona outside of Maricopa County has always been ty and people don’t even like him in Maricopa County anymore. He’d definitely be another Roy Moore in a state that’s a lot less red than Alabama.
Awesome
Beat me to it.
Another seat Dems are looking to lock down if they dont go full re .
Cant believe they actually could end up with the two seats from there. Kelli Ward, the who said McCain is too old and fragile is running again so it cannot get any easier than that.
Seriously.
I'm sure the chumpettes will be giving monoslob a hard time about this guy not being a convict.
Explain
Just because he got pardoned doesn't mean he wasn't convicted of a crime, which he was.
He's a pardorned criminal. Fact.
Dont tell me you cant grasp that fact?
He's no Michael Obama. Amirite?
Seriously.
Who's Michael?He's no Michael Obama. Amirite?
Pardon means the record is clean.Just because he got pardoned doesn't mean he wasn't convicted of a crime, which he was.
He's a pardorned criminal. Fact.
Dont tell me you cant grasp that fact?
Dont tell me you cant grasp that fact?
Pardon means the record is clean.
Dont tell me you cant grasp that fact?http://www.businessinsider.com/feder...pardon-2017-10A federal judge on Thursday declined to throw out the guilty verdict from a criminal case against former Maricopa County Sheriff Joe Arpaio, who was pardoned by President Donald Trump in August.
S District Judge Susan Bolton said in her ruling that a presidential pardon may have granted Arpaio mercy, but not the power of "judicial record-keeping."
Keep holding Ls.
The more a liberal says a guy can't win, the more they fear he will win, imo. Always been the case. Ya'll es said Trump had no chance, too.
Pardon means the record is clean.
Dont tell me you cant grasp that fact?
Point out where I said Trump had no chance. I’ll wait.
His record is clean
Judge throws out Arpaios bid to have his record sponged.
Doubles down on re .
The racist criminal mofo is 85, so 90+ when he would complete a Senate term
But it's ing AZ, maybe they can't do better
I was speaking of liberals in generality. But here's a sampling of one of your brothers in floppy s.
Did you even read the OP, you dumb cunt?Pardon means the record is clean.
Dont tell me you cant grasp that fact?
Fake News, t
Does this got even know what a pardon is?
here's a derptacular friendly source
http://www.foxnews.com/us/2017/10/20...onviction.html
There are currently 1 users browsing this thread. (0 members and 1 guests)
Posting Permissions
Reply With Quote
