PHOENIX — The judge who presided over former metro Phoenix Sheriff Joe Arpaio’s criminal trial wants more input from federal prosecutors about the scope of a requested voiding of the now-pardoned lawman’s contempt of court conviction.
President Donald Trump pardoned Arpaio on Aug. 25 for his misdemeanor conviction for intentionally disobeying another federal judge’s 2011 order to stop his traffic patrols that targeted immigrants.
Federal prosecutors said in a court filing this week that they agreed with Arpaio’s attorneys who argued the lawman’s July 31 conviction and U.S. District Judge Susan Bolton’ 14-page ruling should be voided, arguing the case and any punitive consequence from it are mooted by the pardon.
But Bolton said Thursday that the “U.S. Supreme Court and Ninth Circuit case law suggest that a presidential pardon leaves intact the recipient’s underlying record of conviction” and the government lawyers’ filing didn’t sufficiently address that issue.
She has given the Justice Department attorneys until Sept. 21 to file a response.