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bigtree

(85,998 posts)
Sat Aug 26, 2017, 11:26 AM Aug 2017

Trump's Arpaio Pardon is a Constitutional Crisis [View all]

...you don't need to look any further than the crime he's pardoning Arpaio for.

from Bloomberg:

If President Donald Trump pardons Joe Arpaio, as he broadly hinted at during a rally Tuesday in Arizona, it would not be an ordinary exercise of the power -- it would be an impeachable offense. Arpaio, the former sheriff of Arizona’s Maricopa County, was convicted of criminal contempt of court for ignoring the federal judge’s order that he follow the U.S. Constitution in doing his job. For Trump to pardon him would be an assault on the federal judiciary, the Constitution and the rule of law itself...

Specifically, Arpaio was convicted this July by Judge Susan Bolton of willfully and intentionally violating an order issued to him in 2011 by a different federal judge, G. Murray Snow.

Federal judges don’t much like it when their orders are flouted. Snow held extensive hearings in November 2015, and in July 2016 he issued a lengthy opinion finding Arpaio in civil contempt of court. Snow didn’t mince words. He wrote that the department’s “constitutional violations are broad in scope, involve its highest ranking command staff, and flow into its management of internal affairs investigations...”

Judge Bolton convicted Arpaio of criminal contempt. She found he had “willfully violated” the federal court’s order “by failing to do anything to ensure his subordinates’ compliance and by directing them to continue to detain persons for whom no criminal charges could be filed.” And she held that Arpaio had “announced to the world and to his subordinates that he was going to continue business as usual no matter who said otherwise.”

This is the crime that Trump is suggesting he might pardon: willful defiance of a federal judge’s lawful order to enforce the Constitution...


Consider that Trump's reasoning for the pardon was made clear in his tweet announcing the deed, essentially praising Arpaio for his anti-constitutional acts (assumed culpable of those crimes by virtue of the pardon) and calling him a "patriot."


Donald J. Trump @realDonaldTrump
I am pleased to inform you that I have just granted a full Pardon to 85 year old American patriot Sheriff Joe Arpaio. He kept Arizona safe!
10:00 PM - Aug 25, 2017


This is the President of the United States officially approving flagrant violations of the Constitution; openly subverting a bedrock foundation of our democracy which is at the heart of the oath he swore in front of the nation - the Constitution he swore to 'preserve, protect and defend.'




—"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
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