There’s a wonderful irony here. If Trump had not pardoned Arpaio, he might have won his case on appeal (unlikely, but possible). That would have given him a clean record. But since Trump pardoned him, his status as a convicted felon remains. I like it.
This is a small victory I will accept gladly.
Racist trash.
“Convicted felon Joe Arpaio.” I like it. Almost as much as I would like to see “Convicted felon Donald Trump.”
Trump and all of his stooges now realize that he will have to preemptively pardon the entire battalion of American Quislings (which include himself, family members, Rudy Giuliani and his Attorney General ) before their cases reach conviction.
A small amount of justice in this travesty is welcomed. Arpaio’s reputation, such as it is, stands.
Arpaio may yet get what he is asking to receive
- but what would be the legal basis to compel the court to erase the conviction?
There may be ways for him pursue an “expungement” - but even that is not the sort of re-writing of history that is being sought here.
Will be interesting if Trump gets re-involved - - and in some distorted way believes that his Presidential Edict is being defied and thus becomes furious that the King has been disobeyed. Will he send in troops to seize the records?
This seems like the sort of issue that Mnunchin or Price usually weigh in about.
Does this mean he can’t vote or own weapons?
Trump is going to learn a hard truth that is known by everyone who has ever worked with the Federal judiciary. Never fuck with a Federal Judge. A Federal Judge has a lifetime appointment and doesn’t care how powerful you think you are.
Be patient!!
Let’s see how badly the WH goes after ANOTHER ‘sacred’ woman…
Yep. Trump was in such a hurry to assist an early and ardent supporter, who helped bring along the racist and worst elements of the Republican base, and Arpaio was so eager to accept the pardon, that the 2 fucking morons combined to give the great Sheriff Joe a lifetime “Convicted Felon” branding.
What he’d been looking for in particular was an order to remove the judicial findings about the details of how he and his deputies had broken the law. Because he is also the target of a bunch of (additional) civil suits demanding restitution for his behavior. The judicial findings are admissible as evidence. (And also may speak to the question of whether he was acting within the scope of his job while breaking the law.)
There isn’t one. Legally, accepting a pardon is admitting guilt. And once that plea is entered into the record (which accepting the pardon does), it severely hampers any appeal process to overturn. Basically, a defendant has two choices in a matter like this…accept the pardon or pursue appeals to overturn the conviction.
Theoretically, one could pursue an appeals on more technical matters, but its largely a moot point, and appeals courts aren’t likely to even bother wasting their time. For example, arguing that “Sure, I shot and killed the person, but the police didn’t have proper grounds to search me for for my gun” is a rather meaningless argument, since you are admitting that you committed the crime.
Ex parte Garland 71 U.S. 333 (1866)
A pardon reaches both the punishment prescribed for the offence and the guilt of the offender, and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that, in the eye of the law, the offender is as innocent as if he had never committed the offence. If granted before conviction, it prevents any of the penalties and disabilities consequent upon conviction from attaching; if granted after conviction, it removes the penalties and disabilities and restores him to all his civil rights; it makes him, as it were, a new man, and gives him a new credit and capacity.
There is only this limitation to its operation: it does not restore offices forfeited or property or interests vested in others in consequence of the conviction and judgment.
I’m totally fine with that.
Good.
Better, of course, if Arpaio handn’t been pardoned, but at least the record will still show that he’s a criminal.
hummm … this may take a loooonnnnggggg time … and Arpaio is 85 …
“It did not, however, revise the historical facts of this case.”
Those historical facts should be memorialized with a monument, perhaps in the yard of the Maricopa County Jail.