Remember how we gave President Obama such a hard time about delaying on giving pardons to so many people who had received such harsh sentences for non-violent drug crimes? And how it wasn’t until the end of his second term that he really stepped up the pardons?
Well, President Trump isn’t waiting. According to CNN, President Trump has pardoned… Joe Arpaio???
President Donald Trump has pardoned controversial former sheriff Joe Arpaio of his conviction for criminal contempt, the White House said Friday night.
Martin Redish, writing in the New York Times, isn’t so sure… Why Trump Can’t Pardon Arpaio
This is uncharted territory. Yes, on its face the Constitution’s pardon power would seem unlimited. And past presidents have used it with varying degrees of wisdom, at times in ways that would seem to clash with the courts’ ability to render justice. But the Arpaio case is different: The sheriff was convicted of violating constitutional rights, in defiance of a court order involving racial profiling. Should the president indicate that he does not think Mr. Arpaio should be punished for that, he would signal that governmental agents who violate judicial injunctions are likely to be pardoned, even though their behavior violated constitutional rights, when their illegal actions are consistent with presidential policies.
Many legal scholars argue that the only possible redress is impeachment — itself a politicized, drawn-out process. But there may be another route. If the pardon is challenged in court, we may discover that there are, in fact, limits to the president’s pardon power after all.