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Stonepounder

(4,033 posts)
Sat Aug 26, 2017, 01:27 PM Aug 2017

Arpaio Pardon is Impeachable Offence

(Note: This article was written before Trump announced the pardon of Arpaio.)

https://www.bloomberg.com/view/articles/2017-08-23/arpaio-pardon-would-show-contempt-for-constitution

Arpaio Pardon Would Show Contempt for Constitution
And there would be only one remedy for Trump's disrespect: impeachment.

If President Donald Trump pardons Joe Arpaio, as he broadly hinted at during a rally Tuesday in Arizona, it would not be an ordinary exercise of the power -- it would be an impeachable offense. Arpaio, the former sheriff of Arizona’s Maricopa County, was convicted of criminal contempt of court for ignoring the federal judge’s order that he follow the U.S. Constitution in doing his job. For Trump to pardon him would be an assault on the federal judiciary, the Constitution and the rule of law itself.
....
An Arpaio pardon would express presidential contempt for the Constitution. Arpaio didn’t just violate a law passed by Congress. His actions defied the Constitution itself, the bedrock of the entire system of government. For Trump to say that this violation is excusable would threaten the very structure on which is right to pardon is based.
...
When a sheriff ignores the courts, he becomes a law unto himself. The courts’ only available recourse is to sanction the sheriff. If the president blocks the courts from making the sheriff follow the law, then the president is breaking the basic structure of the legal order.
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When a sheriff ignores the courts, he becomes a law unto himself. The courts’ only available recourse is to sanction the sheriff. If the president blocks the courts from making the sheriff follow the law, then the president is breaking the basic structure of the legal order. From this analysis it follows directly that pardoning Arpaio would be a wrongful act under the Constitution. The Constitution isn’t perfect. It offers only one remedy for a president who abuses the pardon power to break the system itself. That remedy is impeachment.

James Madison noted at the Virginia ratifying convention that abuse of the pardon power could be grounds for impeachment. He was correct then -- and it’s still true now.


Much more analysis at link. Well written and well reasoned.
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Arpaio Pardon is Impeachable Offence (Original Post) Stonepounder Aug 2017 OP
we just won Arizona samnsara Aug 2017 #1
Welcome Senator Kristin (sp?) Sinema n/t LSparkle Aug 2017 #2
Kick. dalton99a Aug 2017 #3
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