Friday, October 20, 2017
Phoenix Court denies Joe Arpaio's bid to overturn his criminal conviction, pardon doesn't "revise the historical facts"
Pdf of the ruling is a short 4 pages.Here's the conclusion for the tl;dr:III. CONCLUSION“The power to pardon is an executive prerogative of mercy, not of judicial record-keeping.” United States v. Noonan, 906 F.2d 952, 955 (3d Cir. 1990). To vacate all rulings in this case would run afoul of this important distinction. The Court found Defendant guilty of criminal contempt. The President issued the pardon. Defendant accepted. The pardon undoubtedly spared Defendant from any punishment that might otherwise have been imposed. It did not, however, “revise the historical facts” of this case. See 67A C.J.S. Pardon & Parole § 33.IT IS ORDERED denying Defendant’s Motion for Vacatur and Dismissal with Prejudice (Doc. 220) insofar as it seeks relief beyond dismissal with prejudice.This conviction will be very useful to the many people filing civil suits against him. Joe Arpaio's legacy will forever be that of a convicted criminal racist and pedophile enabler.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment