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

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Joe Arpaio saga isn't over: Judge to decide if his conviction stands
Michael Kiefer and Yvonne Wingett Sanchez, The Republic | azcentral.com
Published 6:07 p.m. MT Aug. 29, 2017 | Updated 10:47 a.m. MT Aug. 30, 2017
http://www.azcentral.com/story/news/local/phoenix/2017/08/29/judge-wont-vacate-former-sheriff-joe-arpaios-contempt-conviction-without-oral-arguments/614854001/

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.

Arpaio's attorneys asked Bolton on Monday to vacate Arpaio's conviction in light of President Donald Trump's Friday pardon.

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.

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Excerpt.  Read more at http://www.azcentral.com/story/news/local/phoenix/2017/08/29/judge-wont-vacate-former-sheriff-joe-arpaios-contempt-conviction-without-oral-arguments/614854001/

[corbe]

U.S. District Court Judge Susan Bolton 
   2000: On July 21, 2000, based upon the recommendation of United States Senator Jon Kyl from Arizona, Bolton was nominated by President Bill Clinton to a seat on the United States District Court for the District of Arizona vacated by Robert C. Broomfield.

[IsailedawayfromFR]

there is zero chance of this judge's verdict being legal if it was for the same crime that he has been already pardoned.

Judges, not Trump are undermining the rule of law.

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U.S. District Court Judge Susan Bolton 
   2000: On July 21, 2000, based upon the recommendation of United States Senator Jon Kyl from Arizona, Bolton was nominated by President Bill Clinton to a seat on the United States District Court for the District of Arizona vacated by Robert C. Broomfield.

So even a Bill Clinton nominee can do the right thing and keep the branches separate! Wow!

[the_doc]

there is zero chance of this judge's verdict being legal if it was for the same crime that he has been already pardoned.

Judges, not Trump are undermining the rule of law.

I think you might be misinterpreting the judge's action in this weird scenario.  She seems to be granting Arpaio at least a final chance (requested by Arpaio's lawyers) not to need the pardon--the acceptance of which pardon is tantamount to an admission of guilt.  The pardon would still kick in if she found the conviction itself to be proper.

Does anyone else read the scenario this way?

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I think you might be misinterpreting the judge's action in this weird scenario.  She seems to be granting Arpaio at least a final chance (requested by Arpaio's lawyers) not to need the pardon--the acceptance of which pardon is tantamount to an admission of guilt.  The pardon would still kick in if she found the conviction itself to be proper.

Does anyone else read the scenario this way?

Yes.