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Arizona judge considers ways to legally out-maneuver Trump’s pardon of Joe Arpaio
Arizona judge considers ways to legally out-maneuver Trump’s pardon of Joe Arpaio David Ferguson 13 Sep 2017 at 16:47 ET An Arizona District Court judge is weighing arguments against throwing out charges against Arizona’s Sheriff Joe Arpaio in spite of President Donald Trump’s pardon.
According to LawNewz.com, District Court Judge Susan Bolton has yet to grant a motion by Arpaio’s attorneys to have all charges against him dismissed in the wake of the presidential pardon. In fact, she is reviewing arguments filed with her against dismissing the charges, said John Banzhaf at LawNewz, who quoted one document that said, “The president can’t use the pardon power to immunize lawless officials from consequences for violating people’s constitutional rights.” Arguments lodged by Arpaio’s attorneys allege that “(t)he president’s pardon moots the case, and it warrants an automatic vacatur of all opinions, judgments, and verdicts related to the criminal charge.” Attorney General Jeff Sessions’ Justice Department has endorsed the argument of Arpaio’s team and said, “the government agrees that the Court should vacate all orders and dismiss the case as moot.” Some have argued that the chief executive’s pardon power is “unlimited” and might include the ability to pardon anyone charged in, for example, the Mueller probe — up to and including himself. However, Judge Bolton is reportedly examining historical jurisprudence on the matter, including arguments that the president’s pardon powers are 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 Amendment’s Equal Protection Clause.”
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