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  • 2 Post By foundit66
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Old October 23rd, 2017, 12:17 PM   #1
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Join Date: Nov 2005
Location: California
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Post Former Arizona Sheriff Joe Arpaio loses bid to have his criminal record wiped clean

Saying the president can't erase facts, a federal judge on Thursday rejected a bid by former Maricopa County Sheriff Joe Arpaio to have all record of his criminal conviction wiped out.

Susan Bolton said she already dismissed the criminal contempt case against Arpaio following the decision by President Trump to issue a pardon. That saved the former sheriff, who had been found guilty, from the possibility of going to jail for up to six months.

But Bolton rebuffed Arpaio's claim that the pardon also entitled him to have the entire conviction erased.

"The power to pardon is an executive prerogative of mercy, not of judicial record-keeping," Bolton wrote, quoting earlier court precedent.

"The pardon undoubtedly spared defendant from any punishment that might otherwise have been imposed," the judge continued. "It did not, however, revise the historical facts of this case."


He said Arpaio intended to appeal his conviction, if for no other reason than Bolton had said he was not entitled to a jury trial. Wilenchik said he believes Arpaio would have won.

But now, with the pardon, there's no opportunity to appeal, meaning the record of the conviction remains. And that, he said would be something that could be used against the former sheriff in any future criminal or civil case.

The conviction stems from the years' old case filed against Arpaio and the department he led, accusing the agency of having policies of stopping motorists who look like they might be in the country illegally, whether or not they had violated any state laws. Deputies then would hand the people over to federal immigration officials.

U.S. District Judge Murray Snow found Arpaio and the department guilty of illegal racial profiling and he ordered it to stop. Snow later concluded the department violated his orders and referred Arpaio, two aides and a former attorney for charges of criminal contempt.

The Department of Justice, then under President Obama, decided to pursue only Arpaio. And Bolton, who handled that case, used his own words and press releases to show he intentionally ignored Snow's orders.

But before he could be sentenced, Trump interceded. And Bolton concluded that ended the case.
Former Arizona Sheriff Joe Arpaio loses bid to have his criminal record wiped clean | Local news | tucson.com

This putz can't comprehend that what he did was illegal and he got lucky that Trump was in office to intercede.
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