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IPFS News Link • Presidential Pardons

Judge Has Option of Invalidating Arpaio Pardon

• by Marjorie Cohn

The president's constitutional pardon power is absolute, they thought.

Not so, argue lawyers and legal scholars in two proposed amicus briefs filed in US District Court in Arizona. They contend the Arpaio pardon is unconstitutional.

Judge Susan Bolton convicted Arpaio of criminal contempt on July 31, 2017, for demonstrating "flagrant disregard" of a 2011 court order that he cease racial profiling. For 18 months following the 2011 order, Arpaio had continued his racist practice of detaining Latinos without reasonable suspicion in violation of the Fourth Amendment.

While Arpaio awaited sentencing for his criminal contempt conviction, Trump granted him a pardon on August 25, 2017.

1 Comments in Response to

Comment by Ed Price
Entered on:

Well, if the pardon is overturned, pardon him again. Not that I like Arpaio.

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