Arizona District Court Judge Susan Bolton is now looking at legal ways to charge former Arizona Sheriff Joe Arpaio despite Donald Trump’s pardon.
LawNewz.com reported on Wednesday that Bolton has yet to grant a motion by Arpaio’s attorneys to have all charges against him dismissed in the wake of the presidential pardon.
John Banzhaf of LawNewz quoted a document that states:
“The president can’t use the pardon power to immunize lawless officials from consequences for violating people’s constitutional rights.”
Arpaio’s attorneys are arguing that “(t)he president’s pardon moots the case, and it warrants an automatic vacatur of all opinions, judgments, and verdicts related to the criminal charge.”
Attorney General Jeff Sessions’ Justice Department has also agreed with Arpaio’s attorneys, saying that “the government agrees that the Court should vacate all orders and dismiss the case as moot.”
Despite what Arpaio’s attorneys say, Judge Bolton is now examining historical jurisprudence on the matter, including arguments that the president’s pardon powers are limited “by later-enacted amendments, starting with the Bill of Rights. For example, were a president to announce that he planned to pardon all white defendants convicted of a certain crime but not all black defendants, that would conflict with the Fourteenth Amendment’s Equal Protection Clause.”
The clause prevents the president from racially or ethnically discriminate and cannot use his pardon power to undercut the Courts’ attempts to protect people from violations of their rights, including the right to Due Process.
In conclusion. Trump’s Arpaio pardon, if granted, immunizes the former Sheriff against the consequences of his unlawful acts and their impact on the rights of others.
Therefore, “the president cannot be allowed to weaponize the pardon power to circumvent the judiciary’s ability to enforce and protect constitutional rights,” say arguments against dropping all charges against Arpaio.
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