Arpaio (et al.) criminal contempt case

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gupwalla
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Re: Arpaio (et al.) criminal contempt case

#626

Post by gupwalla » Tue Aug 29, 2017 8:01 pm

"Be forgiven, and sin no more." - some dude in the desert

Arpaio cannot continue to violate court orders regarding treatment of Hispanics in his jurisdiction, because he no longer has a jurisdiction. I consider it punishment enough for him that the voters of Maricopa County have rejected his continued leadership as sheriff.

Would I like to see the rule of law upheld? Sure. Do I have a problem with Presidential pardons? No - I wish there were more of them. I wish, for example, we had a general pardon for those convicted of non-violent crimes and a general clemency for those convicted of violent crimes. Be forgiven, and sin no more.

That's my latent Christian upbringing coming to the fore.

I wish Joseph Arpaio the best in his retirement, and I hope he has enough years left to contemplate the harm he has wrought on others.


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Re: Arpaio (et al.) criminal contempt case

#627

Post by kate520 » Tue Aug 29, 2017 8:09 pm

:bighug: rpenner


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Re: Arpaio (et al.) criminal contempt case

#628

Post by RVInit » Tue Aug 29, 2017 9:14 pm

Sheriff Joe Arpaio is no conservative and no hero, no matter what President Trump says
https://www.usatoday.com/story/opinion/ ... 606012001/
Edit: Replaced quote below to highlight all the BS
Many conservatives outside of Arizona celebrated his headline-grabbing antics, but they don’t know the real story. I’m a conservative Maricopa County resident who has lived under Arpaio throughout his decades-long reign. Arpaio was never a conservative; he just played one on TV.
:snippity:
In all, the department improperly cleared as many as 75% of cases without arrest or investigation, a fact outlined in a scathing report by the conservative Goldwater Institute.

When local journalists delved into Arpaio’s dealings, he had them arrested, a move that ultimately cost taxpayers $3.75 million. We paid $3.5 million more after the sheriff wrongfully arrested a county supervisor who had been critical of him.

About the same time, Arpaio sought charges against another supervisor, a county board member, the school superintendent, four Superior Court Judges and several county employees. All of these were cleared by the courts and also resulted in hefty taxpayer-funded settlements for his targets.

As a U.S. District Court judge presided over a civil contempt hearing, Arpaio’s attorney hired a private detective to investigate the judge's wife.

On the pretext of going after an alleged cache of illegal weapons, a Maricopa SWAT team burned down an upscale suburban Phoenix home and killed the occupants’ 10-month-old dog. There were no illegal arms, so they arrested the resident on traffic citations.

Arpaio’s staff concocted an imaginary assassination attempt on the sheriff, presumably for news coverage. Taxpayers had to pay the framed defendant $1.1 million after he was found not guilty.

The sheriff's department misspent $100 million on the sheriff’s pet projects, and wasted up to $200 million in taxpayer money on lawsuits. Yet he still found money to send a deputy to Hawaii to look for President Obama’s birth certificate.


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Re: Arpaio (et al.) criminal contempt case

#629

Post by Flatpointhigh » Wed Aug 30, 2017 12:19 pm

This tweet thread: https://twitter.com/AClaudeCase/status/ ... 9826717696 "I was the judicial clerk for the judge in the original Apraio trial. I have some thoughts on the pardon."



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Re: Arpaio (et al.) criminal contempt case

#630

Post by SLQ » Wed Aug 30, 2017 4:10 pm

AZ Republic says Judge Bolton has called for responses to Arpaio's motion:
U.S. District Court Judge Susan Bolton canceled former Sheriff Joe Arpaio's upcoming sentencing hearing for his criminal contempt-of-court conviction, telling attorneys not to file replies to motions that were pending before his recent presidential pardon.

However, 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.
More at the link, including a statement by Goldman.

Joe Arpaio saga isn't over: Judge to decide if his conviction stands



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Re: Arpaio (et al.) criminal contempt case

#631

Post by SLQ » Wed Aug 30, 2017 4:21 pm

WaPo's take on Judge Bolton's action:
After President Trump’s pardon of ex-sheriff Joe Arpaio, who had been convicted of criminal contempt for violating a court order designed to stop the violation of the constitutional rights of suspected illegal immigrants, conventional wisdom — and certainly the Trump administration — would have us believe that Trump’s pardon powers are unlimited. However, never before has someone stretched the pardon power so beyond its original intent. Trump has now drawn scrutiny not simply from critics of his racist rhetoric but from the court itself.
:snippity:
Meanwhile, Protect Democracy, an activist group seeking to thwart Trump’s 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:
:snippity:
Put simply, the argument is that the president cannot obviate the court’s powers to enforce its orders when the constitutional rights of others are at stake. “The president can’t use the pardon power to immunize lawless officials from consequences for violating people’s 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 citizen’s rights, and should not be allowed to stand.”
:snippity:
And this brings us back to Judge Bolton. Bassin notes, “Judge Bolton may want to see how the honorable lawyers of DOJ’s public integrity section respond personally in open court — themselves as officers of the bar who’ve taken an oath to uphold the Constitution — to the blatant abuse of power by their boss.” He adds, “After all, these are people who’ve dedicated their lives and careers to ensuring our public officials act with integrity and Joe Arpaio and now the President of the United States have spit in the face of that.” Bolton’s hearing will venture into uncharted territory, a voyage necessitated by Trump’s utter disregard for the rule of law and his constitutional obligations to enforce the Constitution and laws of the United States.
Lots more at the link. Legal challenge to Arpaio pardon begins



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Re: Arpaio (et al.) criminal contempt case

#632

Post by Dan1100 » Wed Aug 30, 2017 4:35 pm

I don't think there is a snowball's chance in hell that the court is going to set aside Arpaio's pardon, but it is somewhat interesting that a judge can appoint a special prosecutor in contempt cases.

https://www.law.cornell.edu/rules/frcrmp/rule_42
(2) Appointing a Prosecutor. The court must request that the contempt be prosecuted by an attorney for the government, unless the interest of justice requires the appointment of another attorney. If the government declines the request, the court must appoint another attorney to prosecute the contempt.
Seems like DOJ attorney's have a hell of a conflict, between Trump wanting to annoint Arpaio as a saint and their duty to at least keep their conviction from being set aside.


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Re: Arpaio (et al.) criminal contempt case

#633

Post by SLQ » Wed Aug 30, 2017 4:37 pm

Dan1100 wrote:I don't think there is a snowball's chance in hell that the court is going to set aside Arpaio's pardon, but it is somewhat interesting that a judge can appoint a special prosecutor in contempt cases.
(2) Appointing a Prosecutor. The court must request that the contempt be prosecuted by an attorney for the government, unless the interest of justice requires the appointment of another attorney. If the government declines the request, the court must appoint another attorney to prosecute the contempt.
Seems like DOJ attorney's have a hell of a conflict, between Trump wanting to annoint Arpaio as a saint and their duty to at least keep their conviction from being set aside.
Yes, and I believe she already did that once. IIRC, the Dist. of AZ was first supposed to prosecute, and when they wouldn't, Judge Bolton asked the DOJ.



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Re: Arpaio (et al.) criminal contempt case

#634

Post by Sterngard Friegen » Wed Aug 30, 2017 4:41 pm

Nonsense argument. "The President can't pardon people who violate the civil rights of others." Of course he can. People have a right to life, too. And the President can pardon murderers. As long as the pardon is not prospective -- pardoning someone for future crimes yet to be committed -- Trump's pardon power is plenary.



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Re: Arpaio (et al.) criminal contempt case

#635

Post by Fortinbras » Wed Aug 30, 2017 5:09 pm

The President can pardon from any FEDERAL crime, even those not yet charged or articulated. So Trump can immunize Arpaio from any and all FEDERAL prosecution for anything he did prior to last week. I have not heard of a court setting a Presidential pardon aside.

Arpaio could, of course, be prosecuted for any crime he commited AFTER receiving the pardon.

But a Presidential pardon applies only to FEDERAL prosecution. STATE prosecution can go ahead unimpeded, even over the same events that were covered by the Presidential pardon.



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Re: Arpaio (et al.) criminal contempt case

#636

Post by Dan1100 » Wed Aug 30, 2017 5:26 pm

Sterngard Friegen wrote:Nonsense argument. "The President can't pardon people who violate the civil rights of others." Of course he can. People have a right to life, too. And the President can pardon murderers. As long as the pardon is not prospective -- pardoning someone for future crimes yet to be committed -- Trump's pardon power is plenary.
Yeah, that article is bullshit and I am kind of disappointed it made it into the Washington Post. I think the issue is whether the conviction gets vacated and/or is the pardon an admission of guilt?


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Re: Arpaio (et al.) criminal contempt case

#637

Post by Gregg » Thu Aug 31, 2017 8:25 am

Had the defendant believed in his ultimate innocence and wished to vacate the conviction altogether, he was within his rights to refuse to accept the pardon and pursue his appeal. By accepting the pardon, he has removed any further punishment for the conviction, but has accepted the fact of the conviction itself.

If I were a Judge, I'd figure out a way to write something like that. Especially if I was the Judge who the President kind of insulted by the act of the pardon in question.

Oh, the changes we're gonna make when I rule the world.... :mrgreen:


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Re: Arpaio (et al.) criminal contempt case

#638

Post by mighty dawg » Fri Sep 01, 2017 9:18 am

Image


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Re: Arpaio (et al.) criminal contempt case

#639

Post by kate520 » Fri Sep 01, 2017 1:15 pm

OMG that's disturbingly hilarious


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Re: Arpaio (et al.) criminal contempt case

#640

Post by Kendra » Fri Sep 01, 2017 7:48 pm

http://www.politico.com/magazine/story/ ... 6?cmpid=sf
When President Donald Trump pardoned Sheriff Joe Arpaio, calling him a “patriot,” he didn’t just absolve him from the consequences of defying a federal judge. He didn’t merely excuse Arpaio’s racial profiling and illegal immigration sweeps. Trump’s pardon did do all of that. But it also did something more: It boosted a radical theory of law and American history that Arpaio supports, and which is gaining steam across the United States.

It’s called the “constitutional sheriff” movement, and as it grows, it’s increasing the risk of conflict between local law enforcement and federal authorities. Its animating idea is that a sheriff holds ultimate law-enforcement authority in his county—outranking even the federal government within its borders. Though the movement claims deep history in English law, its real roots lie in the more recent fringes of American right-wing thought. And its popularity helps explain why Arpaio’s defiance of federal law shouldn’t be seen as just one grandstanding sheriff crossing a line, but instead should be seen as part of a broader grassroots resistance to constitutional and cultural upheavals during the 20th century.
More at the link, but IMHO Rachel Maddow's bit on Posse Commitatus and the constitutional sheriff idea rocks the house down, plus she gets in some good digs on Fox News and Cliven. http://www.msnbc.com/rachel-maddow-show ... 6481603620



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Re: Arpaio (et al.) criminal contempt case

#641

Post by pipistrelle » Fri Sep 01, 2017 11:28 pm

Kendra wrote:http://www.politico.com/magazine/story/ ... 6?cmpid=sf
When President Donald Trump pardoned Sheriff Joe Arpaio, calling him a “patriot,” he didn’t just absolve him from the consequences of defying a federal judge. He didn’t merely excuse Arpaio’s racial profiling and illegal immigration sweeps. Trump’s pardon did do all of that. But it also did something more: It boosted a radical theory of law and American history that Arpaio supports, and which is gaining steam across the United States.

It’s called the “constitutional sheriff” movement, and as it grows, it’s increasing the risk of conflict between local law enforcement and federal authorities. Its animating idea is that a sheriff holds ultimate law-enforcement authority in his county—outranking even the federal government within its borders. Though the movement claims deep history in English law, its real roots lie in the more recent fringes of American right-wing thought. And its popularity helps explain why Arpaio’s defiance of federal law shouldn’t be seen as just one grandstanding sheriff crossing a line, but instead should be seen as part of a broader grassroots resistance to constitutional and cultural upheavals during the 20th century.
More at the link, but IMHO Rachel Maddow's bit on Posse Commitatus and the constitutional sheriff idea rocks the house down, plus she gets in some good digs on Fox News and Cliven. http://www.msnbc.com/rachel-maddow-show ... 6481603620
Anyone who's watched The A-Team knows that (fake Constitutional) sheriffs are corrupt and/or inept.



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Re: Arpaio (et al.) criminal contempt case

#642

Post by rpenner » Sat Sep 02, 2017 2:12 am

pipistrelle wrote:Anyone who's watched The A-Team knows that (fake Constitutional) sheriffs are corrupt and/or inept.
... and has gotten more civics instruction than the current president.



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Re: Arpaio (et al.) criminal contempt case

#643

Post by realist » Sat Sep 02, 2017 8:58 am

jjMacNab has downloaded a plethora of information on the CSPOA. it's co-founder Arpaio, it's predecessor and origin at her site seditionists.com.

Well worth the read.

And if you're on Twitter and are not following her, you should.


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Re: Arpaio (et al.) criminal contempt case

#644

Post by kate520 » Sat Sep 02, 2017 3:54 pm

Is there another site for her? The Wordpress page is dated 1/16 and is a boilerplate.


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Re: Arpaio (et al.) criminal contempt case

#645

Post by RVInit » Sat Sep 02, 2017 4:18 pm

kate520 wrote:Is there another site for her? The Wordpress page is dated 1/16 and is a boilerplate.
http://www.deathandtaxes.com/

https://www.forbes.com/sites/jjmacnab/#63ebf95b58d3

I will see if I can find her "home page" in the seditionists.com domain
Edit: the seditionists domain might just be where she uploads documents. Several of the docs that are linked on her Twitter feed are PDFs and they will automatically download and open up if you have a PDF reader. I'm not sure if there is a page on that domain that lists all of the documents.


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Re: Arpaio (et al.) criminal contempt case

#646

Post by kate520 » Sat Sep 02, 2017 4:22 pm

Thanks, RV, but those are old sites. I'm looking for the CSPOA info realist mentioned.


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Re: Arpaio (et al.) criminal contempt case

#647

Post by bob » Mon Sep 11, 2017 4:15 pm



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Re: Arpaio (et al.) criminal contempt case

#648

Post by Jcolvin2 » Mon Sep 11, 2017 4:53 pm

http://thehill.com/regulation/court-bat ... fter-trump

DOJ supports Arpaio's request for withdrawal of conviction opinion.



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Re: Arpaio (et al.) criminal contempt case

#649

Post by realist » Mon Sep 11, 2017 5:02 pm

Jcolvin2 wrote:http://thehill.com/regulation/court-bat ... fter-trump

DOJ supports Arpaio's request for withdrawal of conviction opinion.
Just as they do with every other person who receives a presidential pardon, right? Right?

This is insane.


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Re: Arpaio (et al.) criminal contempt case

#650

Post by June bug » Mon Sep 11, 2017 5:07 pm

realist wrote:
Jcolvin2 wrote:http://thehill.com/regulation/court-bat ... fter-trump

DOJ supports Arpaio's request for withdrawal of conviction opinion.
Just as they do with every other person who receives a presidential pardon, right? Right?

This is insane.
Absolutely. And sickening too.



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