Federal judge refuses to erase Joe Arpaio's conviction despite Trump pardon
By Kyle Swenson October 20 at 1:51 AM
A federal judge on Thursday shot down former sheriff Joe Arpaios bid to sweep his criminal record clean.
Arpaio, the controversial former lawman in Arizonas Maricopa County, was granted a pardon by President Trump on Aug. 25. He had been found guilty of criminal contempt of a federal court order after a five-day bench trial earlier this year and faced the possibility of up to six months in jail. After the pardon, the 85-year-old Arpaio petitioned the court to clear his record and prevent the ruling from being used in future litigation. The case raised the novel question of how far a presidential pardon actually reaches.
In her ruling, U.S. District Judge Susan R. Bolton said the pardon only freed Arpaio from possible punishment. In a four-page order offering a check on the presidents executive power, Bolton wrote that a pardon could not erase the facts of the case.
The power to pardon is an executive prerogative of mercy, not of judicial recordkeeping, Bolton wrote in the decision. To vacate all rulings in this case would run afoul of this important distinction. The Court found Defendant guilty of criminal contempt.
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https://www.washingtonpost.com/news/morning-mix/wp/2017/10/20/federal-judge-refuses-to-erase-joe-arpaios-conviction-despite-trump-pardon/?utm_term=.af59dcaf4ed3