House Democrats call for courts to reject Arpaio’s pardon
Sept. 27, 2017
Thirty-three members of Congress have asked the judge in Joe Arpaio’s criminal case to reject the pardon he received from President Trump.
Arizona State University law professors Paul Bender and David Gartner believe the argument that the pardon was an overreach of executive power might work, but it will be an uphill battle. Since the pardon was issued before sentencing or any appeals were made, some argue it circumvented the judicial process, but similar pardons have been issued in the past.
Arpaio’s lawyers argue that since the pardon was issued before Arpaio had a chance to appeal his conviction, the criminal case should be dismissed. Opponents of the pardon say that if Arpaio wants to appeal the conviction, he could simply reject the pardon.