Who is Joe Arpaio?
He was called “the toughest sheriff” in the USA.
During his tenure as Maricopa County Sheriff, he was an outspoken and ruthless opponent of undocumented immigration which took him to use MCSO and power to enforce immigration law at expense of public safety.
He also had a marked disdain for the right of inmates housed in Maricopa County jails and his agency was accused of neglect in several prison deaths.
We was accused and convicted of racial profiling against Latinos during the lawsuit Ortega Melendres, et al. v. Arpaio, et al.
Arapio openly disobeyed court orders of stopping immigration enforcement and later accused of criminal contempt. He was declared guilty on July 31, 2017, following a bench trial by U.S. District Judge Susan Bolton Arpaio will be sentenced in October 2017.
He was voted out of office on November 8th, 2016.
It is being speculated that Arpaio will be pardoned by President Trump during his visit to Phoenix scheduled on August the 22nd.
What is the latest information about the possible pardon by President Trump?
Arpaio was convicted after federal prosecutors proved his Maricopa County Sheriff’s Office racially profiled and illegally detained Latinos, violating their constitutional rights. He is due to be sentenced in October and faces up to six months in jail. It’s possible Trump could wait till after the sentencing to pardon Arpaio, though many legal experts doubt the 85-year-old ex-sheriff will be sentenced to jail time.
Following Trump’s statement, Fox News contacted Arpaio, who responded, “I am happy he understands the case. I would accept the pardon because I am 100 percent not guilty.” However, Arpaio – a longtime outspoken supporter and friend of Trump – seems to be more concerned about the President’s reputation than Trump himself is: “I would never ask him for a pardon, especially if it causes heat,” Arpaio said. “I don’t want to do anything that would hurt the President.”
What is the name of the landmark case which declared Arpaio racial profiler?
The name of the lawsuit was Ortega Melendres, et al. v. Arpaio, et al. and it was a class action lawsuit filed in 2007 in which, following a three-week trial, the Maricopa County Sheriff’s Office (MCSO) was found to have engaged in racial profiling and unlawful traffic stops of Latinos.
As a result of the trial, Sheriff Joe Arpaio was ordered by the court to stop immigration enforcement, immigration raids and traffic stops. U.S. District Judge G. Murray Snow issued this decision finding that Arpaio and his agency had relied on racial profiling and illegal detentions to target Latinos.
What are the suggestions during Trump’s visit to Arizona and the possible pardon to Arpaio for noncitizens?
Local attorney Marcos E. Garciaacosta recently posted a warning to anyone who is not a US citizen. He indicated persons who are not citizens should “stay away from any contact with law enforcement which can lead to an arrest during protests against Arpaio and Trump.” He stated that “my recent experience is that even if you have DACA or other temporary protection (TPS, etc.) if you get detained and taken to 4th Ave. Jail IT IS VERY LIKELY you will be processed through ICE”.
Trump Pardoned Arpaio. Can the Pardon be Undone?
After weeks of teasing the media on the possible pardon to criminally convicted, racist and disgraced Joe Arpaio, Trump pardoned him, causing an uproar in the community.
Is there any possibility to reverse the pardon?
According to the Department of Justice, longstanding regulations call for waiting at least five years after conviction before filing a pardon application. Arpaio was convicted less than four weeks ago. A Presidential pardon at this point is “intervening in the middle of a legal proceeding yet to run its course… [and has] every appearance of being direct interference in the administration of justice,” wrote Bob Bauer, a professor at New York University School of Law, in the Chicago Tribune.
Arpaio’s Record. Tweets That Remind Us His Abuse
The weekly Phoenix New Time posted a Twitter Thread that became viral, where some of the many abuses perpetrated by Sheriff Joe in 24 year where featured.
We've been covering Joe Arpaio for more than 20 years. Here's a couple of things you should know about him… 1/many
— PhoenixNewTimes (@phoenixnewtimes) August 26, 2017
Even famous persons retweeted the post.
No wonder. Joe Arpaio pardon by President Trump is very unpopular.
Would it be a legal challenge to Trumps’ Pardon to Arpaio?
U.S. District Court Judge Susan Bolton canceled Joe Arpaio sentencing hearing for his criminal contempt-of-court conviction scheduled for October the 5th and ordered Arpaio and the U.S. Department of Justice, to file briefs on the reasons she would consider the request to vacate the criminal contempt conviction.
Additionally, a group called Protect Democracy wants to block the pardon by writing a letter to the Public Integrity Section, Criminal Division of the Justice Department, arguing that the pardon violates legal processes and goes beyond constitutional limits.
The pardon power is in the Constitution. That doesn't mean it trumps the rest of the Constitution. https://t.co/N1bQ3kHV9n
— Protect Democracy (@protctdemocracy) August 30, 2017
What does the public opinion think about the pardon?
60% of Americans oppose Trump’s pardon to Joe Arpaio, according to a recent poll.
Additionally, most also opposed Trump eliminating the Defer Action for Young Immigrants called DACA.
Pardon is NOT popular
Arpaio Pardon is not very popular. 60% surveyed responded that Trump did wrong to pardon Arpaio. Multiple political analysts wrote Op-ed articles opposing the pardon, even conservative commentators.
Here is our latest post where we bring the opinion of Andrew C. McCarthy, conservative analyst with National Review on why the pardon is “Unmerited, Unnecessary, Impulsive.”
Department of Justice Asks Judge to Drop the Case Against Arpaio.
Following President Trump’s pardon to Joe Arpaio, the Department of Justice- DOJ is asking Judge Bolton to have his conviction overturned.
This is an act of politization of the DOJ that is not sitting well with many in Maricopa County.
Law experts and immigrant rights advocates filed yesterday a lawsuit challenging the pardon. You can read the legal document here.