A US District Court Judge just told the President and Joe Arpaio not so fast….
While the Federal Judge Susan Bolton did cancel Arpaio’s sentencing hearing and told both parties to cease filing motions she’s not throwing the case out yet. Arizona Central reports:
Bolton on Tuesday stopped short of throwing out the conviction based solely on Arpaio’s request. Instead she ordered Arpaio and the U.S. Department of Justice, which is prosecuting the case, to file briefs on why she should or shouldn’t grant Arpaio’s request.
Bolton has scheduled oral arguments on the matter for Oct. 4, the day before Arpaio was supposed to be sentenced.
There is case law that says a pardon implies an admission of guilt, and that will have to be argued in open court.
Mark Goldman, one of Arpaio’s attorneys, said, “We look forward to the hearing, and hope that the court will make the appropriate ruling. The verdict should have been set aside by the court already and prior to the pardon for the reason that it was never delivered to Sheriff Arpaio in open court, but instead sent to his attorneys via email, thus violating his constitutional rights to a public trial and to participate in his trial.”
Arpaio’s attorneys on Monday also called on media companies that have inaccurately reported the nature of Arpaio’s criminal conviction to issue corrections “in a manner comparable to that of the original publication.” In a statement, his attorneys noted the ex-sheriff “was not convicted for ‘racial profiling,’ ” noting the conviction “had nothing to do with race.”
“It’s not just TV, it’s elected officials,” Arpaio told The Arizona Republic Monday. “You’ve got one guy here … calling me a racist, calling the president a racist. You’ve got others saying I was charged with racial profiling. That’s untrue … and my lawyer is concerned with these derogatory, slanderous statements that are going around.”
“This motion is made on the grounds that on August 25th, 2017, the president of the United States of America issued a full and unconditional pardon of the defendant,” the motion read. “The president’s pardon moots the case, and it warrants an automatic vacatur of all opinions, judgments, and verdicts related to the criminal charge.”
Goldman told The Arizona Republic Arpaio will appeal if the judge does not vacate all decisions in the case.
“We don’t know if the court will,” he said. “And if they don’t, we’ll be appealing, but hopefully this will just put this to rest.”
Goldman said Arpaio spent the weekend fielding calls from reporters and supporters and watching how news of his pardon was playing out on local and national news – including the Sunday morning political shows. Goldman said several media outlets have inaccurately reported that Arpaio was convicted of racially profiling Latinos during his immigration operations.
With this information what do you think will happen to Arpaio?