Federal Judge Will Not Void Guilty Ruling On Arpaio, Despite Trump's Pardon

[grossproffit]

U.S. District Judge Susan Ritchie Bolton says that President Trump's pardon of former Maricopa County Sheriff Joe Arpaio does not "revise the historical facts" of his case — and that she will not vacate her ruling that found Arpaio guilty of criminal contempt.

On Thursday, Bolton quoted Black's Law Dictionary to say that a pardon "releases the wrongdoer from punishment and restores the offender's civil rights without qualification." But she then added a further interpretation in her own words: "It does not erase a judgment of conviction, or its underlying legal and factual findings."

Citing legal precedents, Bolton said that while a pardon removes the threat of punishment, it does not "blot out guilt." Instead, she wrote in her decision, accepting a pardon implies a confession of guilt. Bolton also suggested that the timing of President Trump's pardon — when Arpaio had not appealed her verdict — played a role in her decision to preserve it.

In her decision, Bolton notes that unlike in legal precedents where a new trial or appeal was ongoing, Arpaio's didn't have an appeal pending. The judge writes, "the only matter mooted by the pardon was Defendant's sentencing and entry of judgment, the hearing for which was duly vacated." She added, "With nothing left to vacate, dismissal with prejudice was all that remained to be ordered. Having already done so, the Court declines to order any further relief."

The situation could place Arpaio in a type of Catch-22, in which he's been saved from punishment by Trump's pardon but is unable to clear his name fully in the legal record.

http://www.npr.org/sections/thetwo-way/2017/10/20/558978896/federal-judge-will-not-void-guilty-ruling-on-arpaio-despite-trumps-pardon

[hlthe2b]

1. Let the civil suits commense in full...

[Gothmog]

2. Sheriff Joe is a crook

[struggle4progress]

3. Does a presidential pardon expunge or erase the conviction for which the pardon was granted?

No. Expungement is a judicial remedy that is rarely granted by the court and cannot be granted within the Department of Justice or by the President. Please also be aware that if you were to be granted a presidential pardon, the pardoned offense would not be removed from your criminal record. Instead, both the federal conviction as well as the pardon would both appear on your record. However, a pardon will facilitate removal of legal disabilities imposed because of the conviction, and should lessen to some extent the stigma arising from the conviction. In addition, a pardon may be helpful in obtaining licenses, bonding, or employment. If you are seeking expungement of a federal offense, please contact the court of conviction ...

FREQUENTLY ASKED QUESTIONS CONCERNING EXECUTIVE CLEMENCY
https://www.justice.gov/pardon/frequently-asked-questions-concerning-executive-clemency#NewPresident?