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Special Prosecutor Will Be Appointed to Fight Arpaio’s Request to Erase His Federal Conviction

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BAZTA Arpaio Campaign, 2016.
Carmen Cornejo
Written by Carmen Cornejo

Just when you think Arpaio should be out of the picture, since he was voted out of his 23-year seat as Maricopa County Sheriff and his Senate campaign is not gathering enough steam, his head pops out again from the news feed.

This is what is new today.

You probably remember 45 pardoned Arpaio’s federal contempt conviction. That came as a result of his defiance of Judge Snow’s orders to stop racially profiling Hispanics and his refusal to stop enforcing immigration laws, which does not fall under the purview of the Sheriff’s Office.

The pardon was a symbol of Trump’s disregard for the rule of law and was widely criticized by legal observers and Arpaio’s victims.

Now the U.S. Ninth Circuit Court of Appeals has decided to appoint a special prosecutor to contest Arpaio’s petition to vacate altogether his conviction for contempt of court.

Arpaio was pardoned, but his conviction stood without punishment.

Judge Susan Bolton stated in October last year that the presidential pardon did not “revise historical facts in this case,” and therefore she rejected Arpaio’s petition to vacate (erase) the conviction.

The Department of Justice, controlled by Trump and Sessions, will not appoint a lawyer against Arpaio, so the Ninth Circuit voted 2-1 to appoint a special prosecutor who will argue against the former Sheriff’s petition to completely erase his conviction.

The dissenting judge argued that the decision will set a precedent to attack the presidential authority.

Lacey and Larkin Frontera Fund supported and provided an important grant to the BAZTA Arpaio campaign, which voted out the Sheriff from office in November 2016.