DOJ asks court to throw out case against Sheriff Joe Arpaio

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Despite public and legal opposition to President Trump's pardoning of Joe Arpaio, former sheriff of Maricopa County, Ariz., the Department of Justice has formally endorsed the move. Just ask John Oliver, who masterfully tackled the Trump response mechanism during the September 10 episode of Last Week Tonight.

Trump, a Republican who has promised to build a wall along the US border with Mexico, has praised Arpaio's crackdown on undocumented immigrants in Arizona's Maricopa County which drew condemnation from civil rights groups.

Trump in August issued a pardon for Arpaio, who would be sentenced to up to six months in jail for criminal contempt.

"Because the President issued a pardon before sentencing and judgment - and clearly, before the conclusion of any appeals - the Court is obligated to vacate its verdict and all other orders in this matter, and to dismiss the case with prejudice", Arpaio's attorneys wrote in a filing.

That was something Protect Democracy anticipated ― its brief asks the court to appoint someone to argue against Arpaio's request "in the event the DOJ does not vigorously pursue these arguments", which now appears to be the case.

The brief cites case law and precedent to explain why the U.S. Constitution's otherwise broad pardon power is limited by the Due Process Clause of the Fifth Amendment, which guarantees that no person will be "deprived of life, liberty, or property, without due process of law". "You would hope that now he's in office, President Trump would have formulated a plan outlining exactly what he would like to see happen regarding the Dreamers". Bolton found Arpaio guilty in July of disobeying another judge's order that his office stop detaining people based exclusively on the suspicion that they were unlawfully in the United States.

U.S. District Court Judge Susan Bolton, who is overseeing Arpaio's case, canceled his upcoming sentencing hearing.

Federal Judge Susan Bolton has set a hearing for October 4 on whether she should dismiss the case.

The 2011 court order Arpaio violated was the result of a lawsuit brought by the American Civil Liberties Union and other groups. "That is why this pardon is a slap in the face to Latinos that Arpaio and his department unconstitutionally targeted, and that is why it's a slap in the face to the very law of rule itself". "The Arpaio Pardon seeks to do just that".



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