Wednesday, October 04, 2017 8:13:15 AM
One of the unusual things about the Arpaio pardon is that the crime for which Arpaio was convicted isn’t based on a statute. It arises directly from the Constitution. In prior proceedings, federal courts ordered Arpaio to cease a set of unconstitutional racial profiling practices that the U.S. Department of Justice identified as the worst in American history. Arpaio was then convicted of criminal contempt when he refused to comply with those court orders. In other words, Arpaio systematically violated the constitutional rights of large numbers of individuals, and he was then prosecuted and convicted for persisting after the courts told him to stop. So by pardoning him, Trump did not merely forgive an offense against a federal statute: He forgave a refusal to respect rights guaranteed by the Constitution.
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