— ABC News (@ABC) August 23, 2017
Noah Feldman writes: 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.
To see why pardoning Arpaio would be so exceptional — and so bad — you have to start with the sheriff’s crime. Arpaio wasn’t convicted by a jury after a trial for violating some specific federal statute. Rather, he was convicted by a federal judge on the rather unusual charge of criminal contempt of court.
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.
The order arose out of a civil suit against Arpaio brought by the American Civil Liberties Union, accusing him of violating the law by detaining undocumented immigrants simply for lacking legal status.
Snow issued a preliminary injunction that ordered Arpaio to stop running so-called saturation patrols — police sweeps that essentially stopped people who looked Latino and detained those who were deemed undocumented. The basic idea was that the profiling, warrantless stops and detention were unconstitutional.
CNN reports: The White House has prepared the paperwork for President Trump to pardon former sheriff Joe Arpaio when he makes the final decision to do so, CNN has learned.
An administration official said the White House has also prepared talking points to send to surrogates after he is pardoned.
One of the talking points is that Arpaio served his country for 50 years in the military, the Drug Enforcement Administration and as Arizona’s Maricopa County sheriff, and that it is not appropriate to send him to prison for “enforcing the law” and “working to keep people safe.” [Continue reading…]