Judge May Keep Sheriff Joe Conviction Despite Trump Pardon

[goldenequity]

Judge May Keep Sheriff Joe Conviction Despite Trump Pardon
http://truepundit.com/judge-may-keep...-trump-pardon/



A U.S. district judge may refuse to rescind Sheriff Joe Arpaio’s conviction for ignoring a court order, despite President Donald Trump’s pardon, according to a Thursday filing.

President Trump pardoned Arpaio Aug. 25, but U.S. District Judge Susan Bolton said the federal government would need to convince her to drop Arpaio’s conviction. According to Nixon v. United States, a presidential pardon only voids punishment for a crime — it does not necessarily rescind a conviction, the Washington Post reported. If federal attorneys fail to convince her, Bolton said she will simply drop the criminal case against Arpaio but let his conviction stand.

Bolton has scheduled a hearing for next month, and Arpaio may be able to argue his case without opposition. His former federal prosecutors have backed his call for the conviction to be dropped, according to AZ Central, but Bolton claimed the federal government didn’t cite any existing precedent to support their request to drop the conviction.

Bolton was the judge who handed down Arpaio’s conviction this summer.

A slew of civil rights organizations have filed motions to challenge the pardon itself, a move that Arpaio’s attorneys are ready to oppose.

[Weston White]

So then, I suppose qualified immunity only applies when it is the state versus the plebs?

[timosman]

fakenews?

[Dr.3D]

Trump needs to tell that judge, that he is overruled and to keep his mouth shut or he will be found in contempt.

[Anti Federalist]

Trump needs to tell that judge, that he is overruled and to keep his mouth shut or he will be found in contempt.

Her.

https://en.wikipedia.org/wiki/Susan_Ritchie_Bolton

That said, what manner of "Star Chamber" horse$#@! is this?

My understanding is that a presidential pardon is absolute.

[Dr.3D]

Her.

https://en.wikipedia.org/wiki/Susan_Ritchie_Bolton

That said, what manner of "Star Chamber" horse$#@! is this?

My understanding is that a presidential pardon is absolute.

That was my understanding as well.

[phill4paul]

My understanding is that a presidential pardon is absolute.

Not necessarily. A pardon does not expunge a criminal conviction only the sentencing/loss of rights stemming from it.

While a presidential pardon will restore various rights lost as a result of the pardoned offense and should lessen to some extent the stigma arising from a conviction, it will not erase or expunge the record of that conviction.

https://en.wikipedia.org/wiki/Federa..._United_States