Ninth Circuit Declines to Vacate Joe Arpaio's Criminal Contempt Record, but Defense Declares Victory
Source: Law.com
News
Ninth Circuit Declines to Vacate Joe Arpaios Criminal Contempt Record, but Defense Declares Victory
Although a Ninth Circuit panel upheld a federal judges refusal to vacate the former Arizona sheriffs guilty verdict for criminal contempt in the wake of a 2017 pardon from President Donald Trump, Arpaios lawyer said the ruling gave us exactly what we asked for
that the judges finding of guilt is legally meaningless.
By Ross Todd | February 27, 2020 at 12:48 PM
A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit has upheld the decision of the federal judge in Phoenix who oversaw the criminal case against Joe Arpaio, the former Arizona sheriff whom the president pardoned in 2017.
U.S. District Judge Susan Bolton of the District of Arizona in Phoenix, who oversaw the criminal contempt of court case against Arpaio, granted his lawyers motion to dismiss but declined to vacate the court record in the case, finding the presidential pardon did not erase a judgment of conviction, or its underlying legal and factual findings.
In a 15-page published decision issued Thursday, a three-judge Ninth Circuit panel upheld Boltons decision refusing to vacate the verdict, but did note that verdict has no legal consequences going forward. (1) Ninth Circuit Judge Jay Bybee noted that though colloquially guilty verdicts are often referred to as convictions, they dont have the legal consequences of a final judgment of conviction that attaches at sentencing, and thus arent subject to the so-called Munsingwear rule, which provides for vacatur of cases that have become moot while on appeal.
{snip}
(1) https://drive.google.com/file/d/1bpgOGlhG14Jph7SWHCbpWtfJlagxFlna/preview
Read more: https://www.law.com/therecorder/2020/02/27/ninth-circuit-declines-to-vacate-joe-arpaios-criminal-contempt-record-but-defense-declares-victory/
Hat tip, Mike Scarcella, via Popehat:
That crazy liberal Ninth Circuit and its leftist firebrand [checks header] Jay Bybee
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Now: Joseph Arpaio, pardoned by Trump, loses bid to vacate criminal contempt verdict. 9th Circuit opinion just issued: https://assets.documentcloud.org/documents/6788507/Arpaio-2020-02-27.pdf
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mahatmakanejeeves
(57,586 posts)Justice works! Former Sheriff Joe Arpaio's criminal contempt verdict still stands
Elvia Díaz, The Republic | azcentral.comPublished 11:27 a.m. MT Feb. 27, 2020
Opinion: Federal judges refused to vacate former Sheriff Joe Arpaio's 2017 criminal contempt conviction - a bit of justice for Latinos in Maricopa County.
Canoe52
(2,949 posts)alwaysinasnit
(5,071 posts)A set of legal memoranda known as the "Torture Memos" were drafted by John Yoo as Deputy Assistant Attorney General of the United States and signed in August 2002 by Assistant Attorney General Jay S. Bybee, head of the Office of Legal Counsel of the United States Department of Justice. They advised the Central Intelligence Agency, the United States Department of Defense, and the President on the use of enhanced interrogation techniques: mental and physical torment and coercion such as prolonged sleep deprivation, binding in stress positions, and waterboarding, and stated that such acts, widely regarded as torture, might be legally permissible under an expansive interpretation of presidential authority during the "War on Terror".
abqtommy
(14,118 posts)for you. sarcasm off
marble falls
(57,162 posts)and was pardoned or there was no need for a pardon.
Arpaio is a conceited evil mean-spirited prick.
Haggis for Breakfast
(6,831 posts)Can you believe it ? He will not win. Nobody wants to see him in ANY public office, let alone Sheriff of Maricopa County.
He'll be 88, and apparently age has not come with wisdom for this racist turd. What is it with these people who do not realize that their time is past, that their manner of doing things is an anathema to everyone, that people want to see them STFU and STFD ?
marble falls
(57,162 posts)Haggis for Breakfast
(6,831 posts)His oversized ego. He, like trump, craves attention. He knows he can't win, but this will give him an opportunity to brag about what a great sheriff he was (Yeah, if you don't count the $44million he caused AZ to pay out for his racism and grandstanding horse flop.), smear everyone he can with the slime that ooooozes from his mouth, then blame the media for having it in for him.
Joe, go away. Just go the fuck away. You're days as Grand Sheriff of the AZ branch of the KKK are over. So are you.
Drop dead, you fossilized old turd.