Bummer. Another nail in the coffin trump is building for the rule of law.
It's 'federal conviction' that I'm trying to unpack a little. A contempt conviction pursuant to a federal court's inherent jurisdiction (or perhaps more correctly, the inherent power ancillary to its invested jurisdiction) is presumably in a different category to a contempt conviction pursuant to some federal criminal statute. The former wouldn't involve the executive, as it's simply an exercise of the judiciary's own power, whereas the latter would be no different to any other federal crime. If Arpaio's contempt conviction falls into the latter category, then a pardon is obviously no different than it would be in any other case, although presumably the federal judiciary would still be free to exercise their inherent contempt powers. If Arpaio's contempt conviction falls into the former category, however, then I can't see how a pardon would be consistent with the separation of powers, or how presidential authority would extend into the judiciary's exclusive territory. It wouldn't be the equivalent of an exercise of prosecutorial discretion, it would be the equivalent of a prosecutor shoving a judge off the bench and pronouncing a sentence themselves. When I hear the word 'contempt', I naturally think of the former category, which is what piques my curiosity. Though even if the answer isn't statutory, I suppose the American relationship between the executive and judiciary is a little strange, so perhaps that's not seen as an Article III problem; I'm just riffing on the basis that it would scream of being a Ch III problem here.It was a federal conviction. The President has the power to pardon federal crimes.
What a well-functioning system American "justice" is
Presidential pardons do seem completely ridiculous and against the separation of powers. But I suppose you're happy Obama pardoned Bradley Manning.What a well-functioning system American "justice" is
The government has the authority to pardon in most countries. As Luiz says the very concept goes against separation of powers.
Sadly government pardons are usually given because ideological partisan or wicked reasons, at least in Spain and as seem in this thread, in USA.True
but any system, also the law and the interpretation of the law, has her system flaws.
A leader of a nation that has the right to pardon for exceptional situations that are "self evident" wrong in the more fundamental purpose/meaning of the law as seen by the people, helps the system.
But apart from that general consideration,
I think that this pardon only further divides the nation Trump leads, and he is doing the opposite of a wise statesman/leader.
Sadly government pardons are usually given because ideological partisan or wicked reasons, at least in Spain and as seem in this thread, in USA.
In any case, it is an arbitrary power and has all the potential to be misused. If laws has fails and holes they should be patched through the legislative power which should be above the other two.
That's totally unsurprising. The bigger picture, though, is how quickly Sheriff Joe lost support in Maricopa County (Phoenix, suburbs, many outlying areas = 60% of state population).
2000: Arpaio wins 66.5-26.4 (margin +40.1%)
2004: Arpaio wins 56.7-30.7 (margin +26.0%, swing -14.1%)
2008: Arpaio wins 55.2-42.2 (margin +13.0%, swing -13.0%)
2012: Arpaio wins 50.7-44.7 (margin +6.0%, swing -7.0%)
2016: Arpaio loses 43.5-56.3 (margin -12.8%, swing -18.8%)
Presidential pardons do seem completely ridiculous and against the separation of powers. But I suppose you're happy Obama pardoned Chelsea Manning
One forty-five in the hot sun
I am the law and the law won
I am the law and the law won
They begged for their rights, but they got none
I am the law and the law won
I am the law and the law won
They might be guilty, or maybe not
A wetback or his son
If they ain’t white, they’re guilty as sin
I am the law and the law won
I am the law and the law won
The court says, “Stop!” but I’ve just begun
I am the law and the law won
I am the law and the law won
If they are raped, it’s all good fun
I am the law and the law won
I am the law and the law won
No food for you, nor medicine too
Court orders, I can shun
You got no rights, ‘less your eyes are blue
I am the law and the law won
I am the law and the law won
I am the law and the law won
I am the law and the law won
This is not supported by polling numbers. For example, the RCP average has bottomed out. Do you know anyone that actually voted for Trump that has reconsidered?Donny Tiny-hands has been losing support even in his own base, just look at things Ann Coulter has said about him recently. Even the conservative pundits debating at Politicon avoided directly supporting him. This is just like the trans ban except he's throwing a bone to a different section of his base, the rabid anti-foreigner portion. He knows the left will get pissed about it but it will get them to stop talking about his gaffe concerning Charleston. A gaffe he acknowledges by editing his self-quote at his rally in Phoenix. At this point I think we should just expect this kind of stuff from our joke of a POTUS.
I've already seen the response his base has to this. They just remind us lib snowflakes that those people were illegal immigrants so they were criminals because they broke the law. They just don't care about cruel and unusual punishment. Remember, according to that particular portion of his supporters the Constitution only protects their free speech to support righty causes, freedom to choose a Christian sect as your religion and your right to own a...bazooka, I guess.
I know people who voted for Trump that didn't want to on the day of the election. I know people who willingly voted for him and now just shake their head whenever he's mentioned. I'm not sure how you can say it's not supported by polling numbers, his favorability has steadily decreased, even among Republicans. I used Anne Coulter as an example because she literally wrote a book about how great he'd be and publicly stumped for him. Now she has made multiple statements about her disappointment in him. I'm not trying to be mean but the only people still loving him have their heads stubbornly buried in a hole ignoring reality.This is not supported by polling numbers. For example, the RCP average has bottomed out. Do you know anyone that actually voted for Trump that has reconsidered?
J
You know Peggy personally? The point is whether the Trump base is significantly eroding, not whether he has lost anyone, anywhere. I am not seeing erosion in my circle of contacts. The fact that you are citing a writer seems to indicate you are not either.@ J: Peggy Noonan.
You can leave the first group out. They were voting against Clinton. The others you are describing do not match with "losing the support of his base." We saw similar things in 2009. There is a big gap between disillusioned and turning.I know people who voted for Trump that didn't want to on the day of the election. I know people who willingly voted for him and now just shake their head whenever he's mentioned. I'm not sure how you can say it's not supported by polling numbers, his favorability has steadily decreased, even among Republicans. I used Anne Coulter as an example because she literally wrote a book about how great he'd be and publicly stumped for him. Now she has made multiple statements about her disappointment in him. I'm not trying to be mean but the only people still loving him have their heads stubbornly buried in a hole ignoring reality.
He made a lot of promises that sounded good. Some of us saw through the BS, many didn't. Even if he was 100% genuine in his promises, his ineptitude, abrasiveness and lack of focus make it very hard to carry them out. While someone may love everything he says, the way he almost constantly shoots himself in the foot makes trying to support him frustrating.