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| Judge Considers Defying Trump Over Arpaio Pardon |
| 2017-09-14 |
| Although President Donald Trump has issued a full pardon to former Arizona sheriff Joe Arpaio, and his lawyers have filed a motion seeking to have his conviction thrown out as a result, District Court Judge Susan Bolton has so far refused to grant the motion, and is in fact considering requests before her that she deny it. In papers lodged with her last week, it was argued that "The president can’t use the pardon power to immunize lawless officials from consequences for violating people’s constitutional rights." This contrasts with his lawyers’ arguments that "The president’s pardon moots the case, and it warrants an automatic vacatur of all opinions, judgments, and verdicts related to the criminal charge." The Justice Department supports his position, telling the judge on Monday that "the government agrees that the Court should vacate all orders and dismiss the case as moot." But although many commentators have argued that the President’s pardoning power is "unlimited," and some have even worried that he might issue blanket pardons to all those being investigated by Special Counsel Robert Mueller to frustrate the investigation, she is reviewing contrary legal arguments. These counter arguments contend that the president’s constitutional power to issue pardons "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 Amendment’s Equal Protection Clause." |
| Posted by:Anomalous Sources |
| #13 Article II of the US Constitution gives him the power to pardon. |
| Posted by: Threatch Jeamp8135 2017-09-14 19:06 |
| #12 ...I'm not a lawyer, but the way I'm reading it is that Judge Bolton is under no requirement to vacate Sheriff Arpaio's conviction, and the President's pardon doesn't moot the case. It would be nice if it was vacated, but the bottom line is that although a pardon might "warrants an automatic vacatur of all opinions, judgments, and verdicts related to the criminal charge.", there's no legal requirement to. Mike |
| Posted by: Mike Kozlowski 2017-09-14 18:26 |
| #11 She is the judge that initiated the criminal contempt charges against him for ignoring court orders to not enforce the law. |
| Posted by: Threatch Jeamp8135 2017-09-14 14:35 |
| #10 JQC, she is not trying to legislate, she is trying to further the soft coup of the deep state against Trump. |
| Posted by: AlanC 2017-09-14 14:30 |
| #9 Black robed tyrants. |
| Posted by: DarthVader 2017-09-14 14:28 |
| #8 I don't suppose this POS said ANYTHING about the hundreds, possibly thousands of 'convicted' felons released by Soetoro. |
| Posted by: Besoeker 2017-09-14 12:23 |
| #7 I predict this judge will lose. Seldom do Presidential pardons get questioned. Did anyone question the Marc Rich pardon or the Obama drug-dealer pardons. Why is she trying to legislate from the bench? |
| Posted by: JohnQC 2017-09-14 11:43 |
| #6 It's people like this that destroys the people's faith in the justice system. |
| Posted by: AlmostAnonymous5839 2017-09-14 11:30 |
| #5 The judge flips out over Arpaio's pardon while the likes of Hillary Clinton, James Comey, Eric Holder, Janet Lynch and Susan Rice walk aren't even prosecuted. |
| Posted by: Abu Uluque 2017-09-14 11:04 |
| #4 Congress long ago surrendered to a permanent aristocracy when it gave up impeaching little tyrants in robes who sit for life. Checks and Balances is a fairy tale. |
| Posted by: Procopius2k 2017-09-14 07:02 |
| #3 It's Bolton who may find themselves in a cell. |
| Posted by: Bright Pebbles 2017-09-14 05:19 |
| #2 |
| Posted by: g(r)omgoru 2017-09-14 02:08 |
| #1 On July 21, 2000, based upon the recommendation of United States Senator Jon Kyl from Arizona,[1] Bolton was nominated by President Bill Clinton to a seat on the United States District Court for the District of Arizona vacated by Robert C. Broomfield. She was confirmed by the United States Senate on October 3, 2000, and received her commission on October 13, 2000.[2] She is a registered Independent.[3] Bolton assumed senior status on September 1, 2016. |
| Posted by: 3dc 2017-09-14 00:19 |