9th Circuit to appoint special prosecutor to oppose pardoned Arpaio

[DGUtley]

I don't get this one. How is this not political? Shouldn't the courts not be political? The pardon power is pretty strong, though at times very distasteful.


http://www.abajournal.com/news/article/9th_circuit_appoints_special_prosecutor_to_oppose_ arpaio_dissenter_fears_at/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

[stjames1_53]

the 9th circuit court thinks they run America. 24 out of 25 cases that made it to SCOTUS have been tossed. Surely they don't really think they can win.


The 9th Circuit said it had the authority to appoint a special prosecutor under Rule 42 (https://www.law.cornell.edu/rules/frcrmp/rule_42) of the Federal Rules of Criminal Procedure, which provides for special prosecutor appointments when the government declines to prosecute a criminal contempt case.
WTF?? and they aren't going after Hillary?

[MMC]

Maybe Congress should impeach a couple of those Lib Tard Judges. Trump should go ahead and break up the 9th.


Plus Grassley and McConnell need to fil those vacancies up ASAP.

[DGUtley]

I don't get the attempt to override the pardon. Agree or disagree with the pardon, it's fairly absolute (I think) and would set a dangerous precedent to have future Democrat president's pardons challenged. Remember, whatever the D's do to Trump the R's will do sevenfold to the next D president. Never take more power for yourself than you are willing to give to your worst enemy.

[Common]

Purely political like everything the 9th circuit does, his lawyer should have some recourse with this

[Peter1469]

Seems to be an abuse of power to me.

[stjames1_53]

Once again, the 9th circuit court's grasp exceeds its reach..............

[MMC]

It is political and it is also designed to antagonize Trump.

[Bob the Slob]

I don't get this one. How is this not political? Shouldn't the courts not be political? The pardon power is pretty strong, though at times very distasteful.


http://www.abajournal.com/news/article/9th_circuit_appoints_special_prosecutor_to_oppose_ arpaio_dissenter_fears_at/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email
Trump used politics o pardon a man who lied to the FBI. The justice department here is just trying to say that Arpaio should not have been pardoned for this crime. For those looking into it, it's a matter of rule of law. Something Trump is against.

[stjames1_53]

Trump used politics o pardon a man who lied to the FBI. The justice department here is just trying to say that Arpaio should not have been pardoned for this crime. For those looking into it, it's a matter of rule of law. Something Trump is against.

who lied to the FBI that Trump pardoned?

[Peter1469]

Trump used politics o pardon a man who lied to the FBI. The justice department here is just trying to say that Arpaio should not have been pardoned for this crime. For those looking into it, it's a matter of rule of law. Something Trump is against.

^^^Confused.

[gamewell45]

I don't get this one. How is this not political? Shouldn't the courts not be political? The pardon power is pretty strong, though at times very distasteful.


http://www.abajournal.com/news/article/9th_circuit_appoints_special_prosecutor_to_oppose_ arpaio_dissenter_fears_at/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

One would hope that the courts base their decisions on the US Constitution & laws and not on ideals.

[DGUtley]

Trump used politics o pardon a man who lied to the FBI. The justice department here is just trying to say that Arpaio should not have been pardoned for this crime. For those looking into it, it's a matter of rule of law. Something Trump is against.

1. I think you are confused.
2. When Obama pardoned that drug trafficker from Youngstown we were powerless to stop it. That's what the presidential pardon power is about. I don't understand this. Remember, don't take more power for yourself than you are willing to give to your worst enemy.

[MMC]

One would hope that the courts base their decisions on the US Constitution & laws and not on ideals.

When it comes to the 9th.....you can forget about Hoping on that. Hence SCOTUS always putting that bitch slap on them.

[gamewell45]

When it comes to the 9th.....you can forget about Hoping on that. Hence SCOTUS always putting that $#@! slap on them.

If it comes to that, then so be it.

[MMC]

If it comes to that, then so be it.

Its already their History. So its not like they can escape that reality.

[Standing Wolf]

No one is trying to "undo" the pardon. A pardon does not vacate a conviction - it merely immunizes the convicted party from punishment.

Arpaio's supporters are wanting the court to pretend that the conviction never occurred.

[Bob the Slob]

^^^Confused.
How can I help end your confusion?

[Bob the Slob]

No one is trying to "undo" the pardon. A pardon does not vacate a conviction - it merely immunizes the convicted party from punishment.

Arpaio's supporters are wanting the court to pretend that the conviction never occurred.

Thanks. Yeah, I read that just now. I was under the impression Trumper already erased it. But the judge refused to do that. Thanks for your help.

[Peter1469]

How can I help end your confusion?

Posting something that makes sense would help.

[stjames1_53]

One would hope that the courts base their decisions on the US Constitution & laws and not on ideals.
It is the 9th circuit court we're discussing. No other federal court would even hear such a thing. Trump needs to bust that court up.
Question: Where is the DNC getting the money to pay for the lawyers?

[gamewell45]

It is the 9th circuit court we're discussing. No other federal court would even hear such a thing. Trump needs to bust that court up.
Question: Where is the DNC getting the money to pay for the lawyers?
I have no idea; perhaps using money from donations?

[Tahuyaman]

I don't get the attempt to override the pardon. Agree or disagree with the pardon, it's fairly absolute (I think) and would set a dangerous precedent to have future Democrat president's pardons challenged. Remember, whatever the D's do to Trump the R's will do sevenfold to the next D president. Never take more power for yourself than you are willing to give to your worst enemy.


They can't overturn a presidential pardon. Yes, the president's power to issue a pardon is basically absolute. This is a clear example of judicial activism.

[Tahuyaman]

Trump used politics o pardon a man who lied to the FBI. The justice department here is just trying to say that Arpaio should not have been pardoned for this crime. For those looking into it, it's a matter of rule of law. Something Trump is against.

Get a grip. They are playing politics against a president whom they dislike.

[Standing Wolf]

Again...no one is attempting to "overturn a Presidential pardon".

Fake news. The kind that really is fake.

I understand it wouldn't be nearly as much fun, but some of you guys ought to really learn to study and understand an issue before getting your panties all in a bunch.

[Tahuyaman]

Again...no one is attempting to "overturn a Presidential pardon".

Fake news. The kind that really is fake.

I understand it wouldn't be nearly as much fun, but some of you guys ought to really learn to study and understand an issue before getting your panties all in a bunch.

What would you call it when a court is trying reinstate the conviction of a person who was granted a presidential pardon?


They are indeed attempting to reverse a presidential pardon. That would be in fact "overturning" a presidential pardon.




A federal appeals court will appoint a special prosecutor to argue that former Sheriff Joe Arpaio’s conviction for criminal contempt should stand, despite his pardon by President Donald Trump.[QUOTE]

[Standing Wolf]

What would you call it when a court is trying reinstate the conviction of a person who was granted a presidential pardon?

Do some reading, T. A pardon does not automatically vacate a conviction. The conviction stands - Arpaio simply doesn't have to suffer any punishment for it. That's what a pardon means. The conviction doesn't have to be "reinstated" because it was never vacated. Sheesh...I don't know how to explain it in any simpler terms.

[Peter1469]

Do some reading, T. A pardon does not automatically vacate a conviction. The conviction stands - Arpaio simply doesn't have to suffer any punishment for it. That's what a pardon means. The conviction doesn't have to be "reinstated" because it was never vacated. Sheesh...I don't know how to explain it in any simpler terms.

What is the purpose of the court proceedings?

[Tahuyaman]

Do some reading, T. A pardon does not automatically vacate a conviction. The conviction stands - Arpaio simply doesn't have to suffer any punishment for it. That's what a pardon means. The conviction doesn't have to be "reinstated" because it was never vacated. Sheesh...I don't know how to explain it in any simpler terms.

Just for the fun of it, one time try not to be a blind partisan.

[Tahuyaman]

What is the purpose of the court proceedings?

To reverse the effects of a presidential pardon.


A pardon is not the same as a commutation or clemency. A pardon wipes out the conviction. Period. Attempting to reinstate the conviction is indeed attempting to overturn a presidential pardon.


Has this ever happened in the past?

[Standing Wolf]

What is the purpose of the court proceedings?

The lower courts have refused to vacate the conviction and Arpaio's lawyers are trying to make that happen. Anyone even casually acquainted with the details and circumstances of the conviction is aware - unless they are intent on being blindly partisan in the matter - that vacating the conviction would be inappropriate.

[Peter1469]

To reverse the effects of a presidential pardon.


A pardon is not the same as a commutation or clemency. A pardon wipes out the conviction. Period. Attempting to reinstate the conviction is indeed attempting to overturn a presidential pardon.


Has this ever happened in the past?
I don't think so.

I see a court dismissal coming up.

The court should also issue sanctions against the idiots that filled this lawsuit.

As an aside, courts have rules to sanction people for filling stupid lawsuits. They just don't use them enough.

[Tahuyaman]

The lower courts have refused to vacate the conviction and Arpaio's lawyers are trying to make that happen. Anyone even casually acquainted with the details and circumstances of the conviction is aware - unless they are intent on being blindly partisan in the matter - that vacating the conviction would be inappropriate.


A pardon vacates a conviction. That is a fact, not an opinion.

[MMC]

Well SCOTUS need to start reigning in these Leftist Activist Judges. Look at all the Nation Wide Injunctions they have played on. Before Obama the Country had only 22 going back to the beginning. With Trump they have issued 22 already and still have 2 more years to go before the end of his term.

[Tahuyaman]

Well SCOTUS need to start reigning in these Leftist Activist Judges. Look at all the Nation Wide Injunctions they have played on. Before Obama the Country had only 22 going back to the beginning. With Trump they have issued 22 already and still have 2 more years to go before the end of his term.


TDD has no limits. It's an infection which only gets worse if it goes untreated. Chances are two or three justices on the Supreme Court are infected.