DOJ Will Fight Court Ruling, Support Arpaio In Wiping Conviction From Record

FILE - In this Jan. 26, 2016, file photo, then-Republican presidential candidate Donald Trump is joined by Joe Arpaio, the then sheriff of metro Phoenix, during a news conference in Marshalltown, Iowa. The former Phoenix-area sheriff who was pardoned by President Donald Trump from his federal contempt-of-court conviction in an immigration case is experiencing a wobbly return to the public speaking circuit.In Las Vegas, security concerns prompted event planners to move Arpaio’s scheduled weekend appearance to an undisclosed location away from the casino-lined Strip tourist district. (AP Photo/Mary Altaffer, File)
FILE - In this Jan. 26, 2016, file photo, then-Republican presidential candidate Donald Trump is joined by Joe Arpaio, the then sheriff of metro Phoenix, during a news conference in Marshalltown, Iowa. The former Pho... FILE - In this Jan. 26, 2016, file photo, then-Republican presidential candidate Donald Trump is joined by Joe Arpaio, the then sheriff of metro Phoenix, during a news conference in Marshalltown, Iowa. The former Phoenix-area sheriff who was pardoned by President Donald Trump from his federal contempt-of-court conviction in an immigration case is experiencing a wobbly return to the public speaking circuit. In Las Vegas, security concerns prompted event planners to move Arpaio's scheduled weekend appearance to an undisclosed location away from the casino-lined Strip tourist district. (AP Photo/Mary Altaffer, File) MORE LESS
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The Department of Justice is backing former Arizona Sheriff Joe Arpaio in his effort to appeal a district court’s decision to keep his contempt of court conviction on his criminal record, according to court documents.

In October, a federal judge denied Arpaio’s request to erase the conviction from his record, claiming that President Trump’s pardon of Arpaio was an “executive prerogative of mercy, not of judicial record-keeping,” Judge Susan Bolton said at the time.

Trump pardoned Arpaio in August after he was convicted for violating court orders that barred his office from conducting discriminatory policing practices. The conviction came after a civil lawsuit was filed against Arpaio. His office was issued a court order to halt its practice of racially discriminatory traffic stops. The suit argued he targeted and detained Latinos living in his county.

Arpaio appealed the October ruling and the district court in Arizona requested the support of the DOJ, according to the court documents. In a statement to the U.S. appeals court, Acting Assistant Attorney General John Cronan said the DOJ doesn’t intend to defend the court’s order.

“The government intends to argue, as it did in the district court, that the motion to vacate should have been granted,” Cronan wrote.

The DOJ’s move to back Arpaio isn’t particularly surprising.

In September, the Justice Department asked the Arizona federal judge to toss the case against Arpaio after Trump pardoned the former Arizona sheriff. Bolton dropped the case, but ruled against removing the conviction from his record.

When reached by TPM, a DOJ spokesperson declined to comment on the decision.

Read the statement below:

 

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  1. Avatar for dont dont says:

    Isn’t an acceptance of pardon an admission of guilt?

  2. So glad the Department of Justice is expending resources to preserve the rights of this fine gentleman! Every American should want to have just a little bit of her or his tax dollars going to support the interests of Sheriff Arpaio.

  3. From DOJ’s own website:

    Does a presidential pardon expunge or erase the conviction for which the pardon was granted?

    No. Expungement is a judicial remedy that is rarely granted by the court and cannot be granted within the Department of Justice or by the President. Please also be aware that if you were to be granted a presidential pardon, the pardoned offense would not be removed from your criminal record. Instead, both the federal conviction as well as the pardon would both appear on your record.

    I wonder on what grounds he’s trying to get it wiped?

  4. White Privilege?

  5. I feel bad for that Criminal Division attorney, most likely a career prosecutor, who has to put his name on this crock.

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