Sunday, August 27, 2017

Robert Reich -- Trump’s pardon to Sheriff Joe Arpaio violates the Constitution and the rule of law


Joe Arpaio, the infamous former sheriff of Maricopa County, Arizona, was pardoned by President Trump on Friday. Arpaio was convicted of criminal contempt for violating a court order requiring him to stop racially profiling Latinos during traffic stops and detentions. He had faced up to six years in prison.

Arpaio's aggressive tactics became the model for anti-immigrant demagogues, including Trump. In fact, Arpaio was one of Trump's earliest supporters, endorsing him for president early in the campaign.

Just as with Trump Charlottesville remarks, he is intent on dividing America for political gain.

“This is another example of how far Trump will go to embolden hate in America for his own benefit. Shame on him, and all his enablers.

“Shame on every one of us who doesn't do everything possible to lawfully remove from office this loathsome man and utter disgrace of a president.”


Trump’s pardon to Sheriff Joe Arpaio violates the Constitution and the rule of law. Add this to the list of Trump's impeachable offenses.

1. Arpaio wasn’t convicted “for doing his job,” as Trump said at his Phoenix rally last Tuesday. He was convicted for doing the opposite of his job. He violated the law and then ignored court orders to stop violating it.

2. The Constitution requires that a president faithfully execute the law. Pardoning a sheriff for disobeying federal law is not faithfully executing the law.

3. Pardons are typically granted either to provide mercy or correct a miscarriage of justice or on more general grounds of public policy. None fits here. Arpaio hasn't even yet been sentenced. And his flagrant abuses of office to search and jail Latinos violated public policy and worsened race relations.

From the New York Times:

The House speaker, Paul Ryan, on Saturday criticized President Trump’s pardon of the former Arizona Sheriff Joe Arpaio, making him the most prominent Republican to voice concern about the message the president had sent regarding his commitment to the rule of law.

“The speaker does not agree with this decision,” a spokesman for Mr. Ryan, Doug Andres, said in a statement. “Law enforcement officials have a special responsibility to respect the rights of everyone in the United States. We should not allow anyone to believe that responsibility is diminished by this pardon.”
  
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By Andrew Rudalevige