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No.
Fitz is getting an awful lot of attention at P&E, as of late. I bet Judy is starting to get jealous. I liken it to watching a survival reality show, where you hope a tree falls on all of the contestants.
I mean, in terms of the birthers it’s obviously safe to come out of the bunker. They’re mostly skeletons bleached by the desert sun by now, except for a very few who are still crawling on the sands, wheezing and gasping for water while the buzzards circle above and occasionally swoop down to peck at a sunburned leg.
In terms of the general situation of the country, well, you might pop out of the bunker to stock up on long-term supplies.
I thought the same thing. Judy can’t make much news now. He paid, cough pissed away, cough his and others money to get a review of his appeal. That will take weeks or months.
Guilty!
http://www.azfamily.com/story/35890030/guilty-judge-rules-in-former-sheriff-joe-arpaios-criminal-contempt-case
Sentencing 10/5/2017 at 10 AM.
The text of the decision is available here:
http://www.azcentral.com/story/news/local/phoenix/2017/07/31/maricopa-county-sheriff-joe-arpaio-found-guilty-criminal-contempt-court/486278001/
If only it were 2013 again. I would love to have experienced this when Birther Report and its colorful flock of whacko birds were in full plummage. Oh, what a molting this would have caused, especially with their chief bird-brain, Falcon.
There is a Goddess …. pink panties arpaio is guilty of contempt and vulgar Scaramucci resigns.
Poor old Joe. His legacy is a criminal conviction. Can’t wait to send for the autographed mug shot.
Hey Mikey, your boss is toast. Is Plan C next?
http://www.foxnews.com/us/2017/07/31/ex-sheriff-joe-arpaio-found-guilty-criminal-contempt.html
HA! Oh! The reaction from the birther remnants is gonna be so good it’ll be fattening!
Mazel tov!
I’m getting too old for this! Scaramucci resigns before he had a chance to steal a refrigerator from his underlings! I’m guessing that his departure has something to do with the investment firm he is trying to sell to the Chinese.
I think he’s up to at least Plan H or maybe Plan S by now, however since they all seem to be about the same, lie, obfuscate, don’t produce anything, beg for money, it doesn’t change much.
I saw some freepers hoping Trump will pardon him, but a pardon doesn’t remove the conviction, right? I think Joe fears that black mark on his record more than anything.
So… I guess maybe he won’t get the DHS gig, then?
When he loses in the Tenth Circuit he might file a cert petition with SCOTUS, but if so they will deny him IFP status and he’ll never be able to pay the filing fee.
This should be the end of his birther litigation. At this point any conceivable claims would be barred by the statute of limitations – not that they would have any merit.
Not only does the conviction remain in place, the acceptance of a pardon is an admission of guilt.
Burdick v. United States, 236 U.S. 79 (1915)
You know, I think a more fitting, and humiliating, punishment for Joe, would be having to do community service, in the form of a PSA on racial sensitivity. I mean six months in jail would take the defiance out of too, but having to swallow his pride, on TV? I’d pay to see that.
I think there might be an eligibility case from 2016 rattling around somewhere. Not technically a Birther case. Judy’s case has been dead for a long time. He just hasn’t figured it out. Judy is trying to revive his case under Rule 60 (or the FRAP equivalent rule) and has no chance.
Be careful of what you ask for. Here’s some guy called Johnny Depp who is supposed to be some halfway decent actor or something, ‘atoning’ for an attempted act of bio-terrorism (he illegally smuggled his pet dog into Australia. Australian’s are extremely sensitive about bio-hazards and there is, for example, no rabies in the land of Oz).
Johnny Depp and Amber Heard: Australian biosecurity
Remember: Always respect the law! No, no. Really! I really, really, mean it!
And, what case would that be?
P.S. I’m still the forger
Laity’s 2016 crusade in New York is still pending.
So is that the last one, aside from Judy’s hopeless nonsense?
I think so; there were a few more that I was tracking, but I couldn’t find affirmative proof they were over. They’ve been so silent, so I assume they were dismissed long ago.
Paige, of course, was threatening to seek reconsideration of his dismissal in the Vermont Supreme Court, but I don’t know if he actually did. I assume he would have gloated if he did.
Over at Taitz’s site, Brian Reilly left this comment:
Arpaio’s belated objections to those clips delayed submission of the case until July 21.
One of my fondest hopes is that Gen. Kelly will persuade President Trump to trust him on fact-checking matters.
Laity is the east coast’s version of CRJ, except that Laity doesn’t have a criminal record (as far as I know).
Among Laity’s fails are a lawsuit against his union for suspending him from his position as a Shop Steward while he was employed by the Veterans Administration; a failed lawsuit against the Veterans Administration for its denial of his claim that he had service-connected PTSD and mitral valve prolapse syndrome from his service in the Navy in the 1970s; and a criminal complaint against President Obama which he filed with the D.C. Police (they responded that they have no purview over the presidency). He has filed two cert petitions with SCOTUS and both were denied.
I had forgotten that he also filed a ballot challenge in New Hampshire in 2015 and then failed to show up for the hearing.
To any of y’all, with legal knowledge: What are Joe’s chances of winning an appeal?
In one sense, very low: The district court did a good job in explaining the facts that supported the conclusions that (1) the order was sufficiently clear; (2) Arpaio was aware of the order and its contents; (3) Arpaio disobeyed the order; and (4) Arpaio’s disobedience was intentional. (The judge’s evidentiary rulings, to the extent they harmed Arpaio, were correct.)
Arpaio’s legal arguments won’t fare much better: there is no federal constitutional right to a jury trial when the maximum punishment is six months or fewer; and Arpaio was charged under the correct statute (which has no statute of limitations).
Arpaio’s best chance, frankly, is to die before his appeals are exhausted because then the charges are abated, and it will be as if he was never convicted. And it will take a few years for him to litigate this all the way to the U.S. Supreme Court.
bob: “And it will take a few years for him to litigate this all the way to the U.S. Supreme Court.”
Appeals won’t stop the sentencing or the carrying out of a sentence will they?
The Court of Appeals has already shot down his demand for a jury trial, so I don’t see him having any luck on appeal. Regarding the timing of his appeal, he may be given a preference due to his age, and criminal cases automatically take precedence over civil cases. If it ever gets to the Supreme Court it will be shot down quickly. I can’t imagine SCOTUS having any interest in a misdemeanor criminal contempt case, particularly one where the evidence against the defendant is overwhelming.
My guess is that he’ll be fined and given a suspended sentence, or possibly confinement to his home. I doubt that he will have to worry about dropping his soap in the shower.
I agree that the sentence won’t be stayed pending appeal, and the sentence itself will be relatively benign; a few months of home confinement at the most.
Whether Arpaio will outlive the appellate process is, as they say, above my pay grade.
Thanks for the input! So either way, justice is served, and he can’t weasel his way out.
Trump called the White House a dump. This was revealed on the same day that we found out he obstructed justice by concocting a lie for Trump Jr. to tell about the meeting with the Russians, that the White House conspired with Fox News to spread lies about the murder of Seth Rich, and practically the entire staff at Fox News dined with Trump at the White House. .
Birthers, you know what you can go do to yourself.
If they don’t know, they can call ‘The Mooch’ for instructions.
For what it’s worth, the actuarial tables say that his life expectancy is 6.1 years.
Really? He just turned 85. Yet, that appears correct.
But, yes, it won’t take six years to complete his appeal, even with the expected feet dragging and overlitigation.
Argued at the Appellate Division, 3rd Department, on 1 June 2017. No decision posted yet.
One of the counter-intuitive things about actuarial tables is that the longer you live, the longer your life expectancy becomes. It’s sort of a built-in hedge against the possibility of too many people living beyond their life expectancy. Social Security and life insurance companies would be in big trouble if that happened.
You actually have to get up to age 113 before the tables will say that your life expectancy is one year or less. Of course the tables can’t take into consideration such factors as an individual’s health or family history.
I don’t think it is counter-intuitive, The life expectancy at birth factors in infant mortality and childhood diseases. Once you survive those you have a better chance of living to an older age. If you make 85 it indicates you are probably have a better chance of surviving based on lifestyle and genetics.
The life expectancy at a given age is based on the survival rate of people who made it to that age.
It’s like a car that makes 150,000 miles. You know it isn’t a lemon and you trust it because it made it that far.
That’s fake news.
He wasn’t calling the ‘building’ a dump, he was calling the ‘metaphorical entity’ a dump (you know, like ‘the White House reported today’ kinda thing).
And it was one of those typographical error thing-a-me-bobs. He meant to say ‘dumb‘ not dump.
Now, is there some kind of innertubes cite where I can apply for White House
Propaganda MinisterCommunications Director?I can swear like a trooper on request too.
You would fail the IQ requirement. Yours is way too high.
bob: ” Really? He just turned 85.”
Yes, Arpaio turned 85 this year on Flag Day. Both Arpaio and Trump share the same birthday.
Reality Check
“Trump called the White House a dump.”
Maybe he did, maybe he didn’t. Maybe it’s a dump (in disrepair), maybe it isn’t. I’ve never been there to know for sure. But, with everything else that is happening in the world, this news story is approaching the same level of stories found on the old Birther Report, the current Post & Email and WND. We should expect better.
Apparently President Truman thought The White House was in bad shape too.
http://www.trumanlibraryinstitute.org/saving-white-house-trumans-extreme-makeover/
I think it is important in context. He did say it by the way. The author said at least eight people confirmed this. It was at his Bedminster, NJ golf course. The White House called and tried to get him to retract the claim. Trump also disparaged Camp David. He has no respect for the history, law, and institutions of our democracy.
The White House was in a sad state when Truman had it remodeled. Some floors were in danger of collapsing because the original timbers were rotting. We never heard President Obama speak other than reverently about the White House and what it represents.
https://soundcloud.com/golf_podcast
Huh, looks like P&E and others are just gonna take the “Joe Arpaio? Never heard of him!” approach.
Gallups on Facebook did link to an article about Arpaio’s conviction.
But Rondeau obviously can’t write an article because Zullo hasn’t fractally misexplained the law to her yet. Although it is Zullo’s turn to be laughably wrong; ex-cons Judy and Fitzpatrick have run out of gas.
From an AP report, one hour ago regarding repairs needed at The White House:
“Besides the replacement of the West Wing’s heating and cooling system, repairs also are to be made to the steps on the South Portico, the side of the White House facing the National Mall. Cosmetic upgrades to the West Wing, including interior painting, replacing carpeting and curtains and fixing water leaks in the press office ceiling, are also on the maintenance list. Repairmen and others are expected to work around the clock to complete the upgrades by Aug. 21.”
It looks like The White House is in sad shape.
I wouldn’t conclude that from what you quoted. It needs maintenance like any older building. They are using the opportunity of Trump’s vacation to do those tasks.
It’s to be expected from P&E. If she doesn’t report it, her readers will think it didn’t really happen.
Maintenance on The White House:
“According to the White House website, the mansion now has 132 rooms, 35 bathrooms, eight staircases and three elevators. It requires 570 gallons of paint to cover the outside of the White House.
It’s really hard to figure out what the annual upkeep — repairs and restoration — have cost recently, but the Congressional Financial Services and Appropriations Act of 2008 said that those repairs would cost $1.6 million annually. That had nothing to do with staff salaries, utilities, food or anything else. The 2013 budget put out by the White House, however, asked for $750,000 for required and preventative maintenance.”
http://www.azcentral.com/story/entertainment/home/2015/02/25/white-house-repairs-remodels-much-cost/23556089/
Happy Birthday, President Obama!
Actually, calling what Truman had a done a remodel is beyond understatement. They literally stripped it back to the sandstone walls, and dug at least two sub basements under it. Once that was completed they completely rebuilt the interior from the basement up as exactly to the old structure as they could with modern materials. They installed what at the time was state of the art heating and cooling systems as well as electrical and communications systems. All of which are or should be reaching the end of their life cycle. Exterior maintenance, considering the local climate is an ongoing exercise, and I would expect that the newer West Wing is probably also beginning to show its age. I really don’t know when the last systems update, or if there even was one of the main building was, so it could be showing its age in that respect.
If she doesn’t report it, her
readersreader will think it didn’t really happen.There, fixed it for you.
Today on Freedom Friday, Gallups begrudgingly admitted that Arpaio had been convicted “of multiple misdemeanors.” Despite repeatedly touting his closeness to Arpaio, Gallups didn’t even know it was only a single misdemeanor conviction.
I like it. Thank you. But her numbers must be increasing with so many Fogbow people commenting on her articles. How do they get beyond her moderation and censorship wall?
Hmmm, did Gal-oops get more erroneous legal input from Zoo-low? However, multiple misdemeanor convictions is sure to inflame his base more than a single conviction. Gotta watch for Gal-oops ulterior motives. Send more $$$$
More on The White House situation…
“By then, senior White House officials — including Mr. Trump’s chief of staff, top advisers, lawyers and spokespeople — had already cleared out to decamp to the Eisenhower Executive Office Building next door.”
“That French Second Empire-style building will be their temporary office while government workers undertake a major West Wing renovation — a roughly two-week, $3.4 million overhaul that includes replacing the air-conditioning and heating system and installing new cables and wires, fresh paint and new carpets.”
“Mr.Trump’s departure from the steamy capital marked the start of the project,…”
““I doubt that you would want to come to work on a hot summer day when the air-conditioning wasn’t working,” Lindsay Walters, the deputy White House press secretary, said on Friday, as the temperature on the White House lawn reached 90 degrees.”
“We’re in a situation where it’s dire” Ms. Walters said of the heating and cooling systems, noting that given their constant use, their functional age is 81 years old.”
https://www.nytimes.com/2017/08/04/us/politics/trump-vacation-west-wing-renovation.html
Now, imagine living in the splendor of Trump Tower or Maro Lago, and being a builder, who supposedly is a germaphobe and appears to be somewhat perfectionistic and he moves into The White House in it’s current state of disrepair. I know that I wouldn’t be happy living in humid, 90 degree temperatures without A/C. Been there done that. Under the circumstances, I might have a few choice words about the current condition of The White House. It would appear that The White House has been neglected during the past few years. Is it time for a new White House?
Indeed! Gal-oops needs a fresh flow of cash and lots of prayers to his crummy bootleg version of the Almighty. Only then can he save Joe from his fate. XD
Zullo was not a guest, nor did Gallups reference the source of his information. I infer it wasn’t Zullo because, when Zullo is Gallups’ source, Gallups loves to discuss their many long, intimate telephone conversations with each other.
She must be desperate for someone, ANYONE, to read and comment.
Wimps.
Gaaaaaggh.
Intimate telephone conversations…..creepy!
Not desperate enough. Just open the thing up and let the comments flow.
Gal-Loops middle name is blasphemy.
For the past few weeks, Rondeau has really lightened up on her moderation. Heck, she’s permitting Foggy to openly dismiss Fitzpatrick and the other three remaining birthers. You can even now say “President Obama” on her site, it would appear.
There have been reports of a few over-the-top comments not surviving moderation. And no swearing or begging for money (unless you are ex-con Judy, it would appear).
I guess she realizes that silencing all dissenting opinions will turn her site into another ghost town. And is Foggy serious that the guy who ran BR kicked the bucket, or was he just yanking their collective chain?
I thought the guy was probably arrested for running a ridiculous site.
Yeesh. I hope that’s not a crime, or at least one with a short statute of limitations. Some of us(unless I’m the only one) were teenagers with a Geocities page in the 90s. XD
Curious George: It would appear that The White House has been neglected during the past few years. Is it time for a new White House?
This work, the spokesman said, was approved under the Obama administration. They are known as the “West Wing Phase Two Renovations” because they follow an initial renovation that was completed in 2012.
The West Wing HVAC upgrade was awarded in 2014 for $1.965 million, a GSA spokesperson tells T&C, adding that the “HVAC system is well past its life cycle and will fail in the near future without intervention.”
http://www.townandcountrymag.com/society/politics/a10366986/trump-white-house-renovation-details/
Re Arpaio: He’s begging for money and appealing the verdict ….. A letter from Sheriff Joe Arpaio after being found guilty by judge
http://dennismichaellynch.com/letter-sheriff-joe-arpaio-found-guilty-judge/
That’s what Rondeau was doing for years, and it essentially was; she’s seemed content to preside over a ghost town. I think she finally realized that more traffic meant more money.
Yanking, mostly; it is the reasonable inference from the site’s disintegration.
That letter is a pack of lies, of course.
Speaking of lies, Trump is denying that he called the White House “a dump,” which means that he did say it.
I remember reporting, on this site, back just before the 2012 election that the birther’s dreams were coming true: Obama would be out of the Oval Office by February 2013 (I think).
They were doing maintenance and the Oval Office was out of commission for about 2 months I think.
Still won’t do them any good. None of them could figure out how to dump water out of a boot even if the instructions were printed on the heel.
What? Don’t the Ruskies already have enough bugs installed?
Better ask Dennis M. He’d know.
The Arpaio fund raising letter is really warped.
http://dennismichaellynch.com/letter-sheriff-joe-arpaio-found-guilty-judge/
—-
And apparently he didn’t even show up — by phone — in court last week. http://www.phoenixnewtimes.com/news/former-sheriff-joe-arpaio-doesnt-appear-for-pre-sentencing-hearing-9558672
I sure would like to see that contemptuous scofflaw sit in jail for a while.
J.D. Sue: I sure would like to see that contemptuous scofflaw sit in jail for a while.
If I could create more than stick-figures, I would produce an image of Arpaio sewing pink panties for his stay in prison.
From Arpaio’s letter: “I swear to you I will continue to fight this all the way to the Supreme Court if I have to – but I must have your help!”
I guess Trump won’t have to pardon Arpaio any time soon …. if at all.
Birtherism again appeared on Meet The Press:
Sen. Jeff Flake (R-Ariz.) in an interview broadcast Sunday said he wished the Republican Party had stood up to bitherism.
Flake said the birther movement, a conspiracy theory that claimed former President Barack Obama was not born in the United States, “was particularly ugly.”
http://thehill.com/homenews/sunday-talk-shows/345509-flake-i-wish-gop-had-stood-up-to-birtherism
Illinois makes ‘Barack Obama Day’ a state holiday, beginning August 4, 2018.
http://thehill.com/blogs/blog-briefing-room/news/345523-illinois-makes-barack-obama-day-a-state-holiday
Salt! Salt, for the birther wounds! XD
We should also make a a holiday to honor the conviction of our former governors. One must honor tradition.
In other news Michelle Obama’s brother, Craig Robinson, reportedly has been hired for a front office job by the New York Knicks of the NBA.
http://www.espn.com/nba/story/_/id/20275194/new-york-knicks-hire-craig-robinson-brother-law-former-president-barack-obama-front-office-role
Hey Doc, Randall Munroe finally got around to replying to your invitation…
Email Reply
—
Well, you know what they say: Mothers, don’t let your children grow up to be Governor of Illinois.
WGN reported in May that Rod Blagojevich has filed another appeal with the 7th Circuit. Unless he succeeds (and SCOTUS has already shot him down once), he’ll be locked up until 2024.
The Post & Email–Fake news site and Birtherism’s last bastion–Part 2 Sharon Rondeau
You forgot to include that she is a well educated control freak who delights in censorship and fails to allow a free flowing discussion on her P&E. You also forgot to include that she delights in all the false and fake information that Zoo-Low has provided to her which makes her special in her opinion, but quite delusional in the eyes of others. Let’s see if she says anything about Mr. Arpaio’s latest news story about Arpaio’s confusion as to why President Trump hasn’t pardoned him. Don’t hold your breath Joe, Trump would be a fool to let you skate.
There is more to come.
One correction: Rondeau’s husband is Gerard Rondeau, not Gerald. He is (or was) a self-employed home improvements contractor.
I have some other info that I will email to you.
I made the correction. Thanks.
Speaking about Arpaio news…..
http://arizonaspolitics.blogspot.com/2017/08/breaking-former-sheriff-joe-arpaio-re.html
Speaking about more Arpaio news….
http://www.azfamily.com/story/36093036/arpaio-wants-to-know-why-trump-has-been-silent-on-his-case
Why has Trump been silent? He does not share the spotlight.
Why won’t Arpaio personally ask and instead wants others to ask for him? Because, it is about seeing supporters adoring Arpaio, not the actual case.
If Trump starts slipping with his base, he may find he has to run to the rescue to shore up that base.
“A Presidential Pardon For America’s Toughest Sheriff?”
https://townhall.com/columnists/bobbarr/2017/08/09/a-presidential-pardon-for-americas-toughest-sheriff-n2366171
Try to post the truth about Arpaio. They won’t let it go through.
Whats the difference between Joe and a slice of jerky?
The Jerky is a lot less salty.
The Shurf is no longer of ANY political value to Trump, so is totally off his radar, and he has other considerably bigger fish on to burn right now to worry about a little AZ nobody.
Wow. There’s a lot of stupid in both Barr’s article and the comments.
The Federal investigation of the MCSO began in June, 2008. Guess who was president then?
https://www.justice.gov/opa/speech/assistant-attorney-general-thomas-e-perez-speaks-maricopa-county-sheriff-s-office
Arpaio wasn’t entitled to a jury trial because he was charged with a misdemeanor which carries a maximum prison sentence of six months or less. BLANTON v. NORTH LAS VEGAS, (1989), No. 87-1437
It’s hard to believe that Barr doesn’t know that.
http://caselaw.findlaw.com/us-supreme-court/489/538.html
A lot of ignorant people are still supporting Arpaio. He did a great job brainwashing people with all of his political mailers. Then you have nutcakes like MB, SR, MV, CG, and MG who continue to be true believers and always stir the pot for Arpaio.
In other news:
1.Arpaio whined again to Corsi in Infowars’ “latest.” :yawn:
2. New York dismissed Laity’s latest in his ballot challenge against Cruz: moot. Just like Paige’s case.
Any place for Laity to appeal? Are we down to just Judy’s hopeless BS?
Laity can (and I expect will) appeal to New York’s highest court, and then to SCOTUS.
Both appeals are discretionary, so it’ll just be twice “denied.” Still, buys a few month’s time.
Yes, this decision was issued by one of the lower appellate courts. The highest court in New York State is the full Court of Appeals, which consists of a Chief Judge and six Associate Judges.
Pretty much. Brooke Paige indicated he might file a motion for reconsideration in the Vermont SC but I haven’t seen anything. Mario Apuzzo seems to have given up. Even Judy is down to recycling videos from last year.
Birtherism is on life support and the tanks are about empty.
I anticipate the last of birther cases will be fully exhausted sometime next year. Which means there will have been 10 continuous years of a birther case clogging up at least one docket.
He hasn’t updated his blog since July 14.
Montgomery Blair Sibley bar membership lapsed–no longer able to practice law in Florida.
https://www.floridabar.org/directories/find-mbr/profile/?num=725730
There is nothing as boring as Summer reruns.
Now if Orly would just follow that example.
Well, that’s a good thing.
On the plus side, Apuzzo’s managed to maintain a record of 100% consistency when it comes to Constitutional law.
How many losses has he had?
At least 16. But who’s counting? Oh wait.. Birther Attorney Mario Apuzzo continues to rack up the losses
That’s been true for awhile; his license was suspended, and he refused to comply with conditions of reinstatement.
But he’s been quiet lately, regardless.
* * *
RC has Apuzzo at 0-16. Apuzzo occasionally lets a comment through on his blog, but that’s about it for him. Very rarely he’ll post his own comment, but the fire’s out that belly as well.
* * *
Ex-con Judy is still bizzy on Facebook, Twitter, and has now also decamped to Rondeau’s comments section.
Arpaio claims that “many people” are saying that Trump should pardon him.
http://talkingpointsmemo.com/livewire/apraio-wouldnt-refuse-trump-pardon
Arpaio won’t make the call to Trump because there is a national movement of people who want a presidential pardon for Joe. This is just more of the same old media manipulation by Arpaio. I won’t ask for it but I sure will accept it. And Joe continues to promote this in news articles across the internet. This is so Joe. Lock him up!
Yeah, there is an upswell of demand for a pardon, just like he wasn’t breaking the law or contemptuously ignoring court orders. It must be particularly hard on the poor old dear not having his coterie of “Yes, Shurf” men following him around at his beck and call.
0 for 16.
You gotta admire consistency.
However, he once got a guy off who had received a ticket for not having his headlights on when running his windshield wipers. I don’t know if he cited de Vattel in that one.
Was his client driving a natural-born vehicle?
They better get a move on then, before the 25th Amendment remedy gets used.
Birtherism rears its ugly head in Australia.
2 Greens Party Senators, a Liberal Party senator (Cabinet Member), a One Nation Party Senator, and a Nationals Party Representative (Deputy Prime Minister) have been caught out by Section 44 of the Australian Constitution which reads in part…
This means, yep, foreign law gets to determine who is and who is not eligible to hold a seat in the Australian Parliament.
Wikipedia has a pretty good description of the issues Section 44 of the Constitution of Australia
In the case of the Greens Senators they were born overseas and moved to Australia at an early age. They didn’t realize they were dual citizens (one of New Zealand, one of Canada). Both relinquished their seats without fuss.
My comment at the time was that there are a lot of Greeks and Italians in the Parliament, they better hope nobody checks them out. Can they PROVE they are not Greek or Italian citizens?
Sure enough, a few days later, the Liberal Party Senator resigned his Cabinet position and asked the High Court to rule on his case. His mother registered him as an Italian citizen in 2006. He claims he was unaware of his mother’s action.
The One Nation Party Senator (One Nation is the rat bag bigot nationalist party) was born in India to an Australian mother and a British father. Records show he was a UK citizen at 19. He denies this and claims he tried to confirm that he was not a UK citizen before he was elected. His own party leader moved for his case to be submitted to the High Court for determination.
Then we come to today’s revelation. The Deputy Prime Minister has ‘just’ found out that he is a dual citizen of New Zealand, and it has been absolutely confirmed by New Zealand.
This one has consequences, because the Coalition (Liberal Party/National Party) only has a one seat majority in the House of Representatives. So far he hasn’t said that he will be stepping down or even not voting. The Government is on the run.
Clearly the dual citizenship phrasing of the Constitution needs to be rethought, but the Aussie Constitution is almost impossible to amend. While this one is probably a no-brainer, the Government has just decided to waste 122 million dollars on a binding/non-binding ‘plebisite’ on Equal Marriage Laws (I say binding/non-binding because they have agreed that a NO result will be binding, but a YES result will allow a ‘free’ vote in Parliament), so it isn’t going to go down well to immediately have another actual Constitutional referendum.
The Hill: Trump tells Fox he’s considering pardon for ‘Sheriff Joe’ Arpaio.
Before the birthers start celebrating, someone should remind them that a pardon doesn’t expunge the conviction. Joe is gonna go to his grave with that black mark on his record, regardless.
Our take of the Arpaio pardon news: bit.ly/AZp1480
Playing on your comment, Andrew, I find it interesting that Fox’s Jarrett notes that Trump could wait to see how appeals process plays out, but quotes POTUS as saying he might want to rush it.
Maybe that’s why Arpaio’s attorney told me he has “no comment”.
If President Trump pardons Joe Arpaio for his actions against people of color and his actions against the U.S. Constitution, it will be a very sad day for everyone in Maricopa County, Arizona who worked to bring this man to justice and to hold him accountable. The rule of law will suffer a huge defeat with a Trump pardon for Arpaio.
Yes, it will.
My fave tweet du jour:
jay smooth @jsmooth995
Yes yes sure I’m totally against all racists, now if you’ll excuse me I’m late for my meeting w/ Steve Bannon about pardoning Joe Arpaio.
ACLU: Pardon for Sheriff Joe Would Be ‘Presidential Endorsement of Racism’
http://www.phoenixnewtimes.com/news/aclu-pardon-by-donald-trump-for-sheriff-joe-arpaio-would-promote-racism-9592796
It’s difficult to hold back the tears …….
https://www.dailykos.com/stories/2017/8/13/1689236/-A-Charlottesville-ER-Nurse-speaks-after-a-day-of-decompression
________
and totally for law and order, except when it comes to court orders.
Polls are suggesting that Roy Moore is likely to come in first in today’s Senate primary in Alabama. Things may be different in the inevitable runoff.
J.D. Sue: and totally for law and order, except when it comes to court orders.
Flashback Trump 8:56 AM – 18 Jul 2012:
Congratulations to @RealSheriffJoe on his successful Cold Case Posse investigation which claims @BarackObama’s ‘birth certificate’ is fake
From WAPO’s article “Trump’s first pardon: An authoritarian racist who thinks he’s above the law?”
“While he could serve up to six months in prison, most legal observers think it unlikely that an 85-year-old man would be put behind bars, meaning Arpaio will once again escape accountability for his actions.
So that’s the person Trump is considering making the first recipient of a pardon in his presidency: someone with a long history of racist actions and racist policies, who was finally convicted of a crime he proudly owned up to. Should anyone be surprised?”
Sigh.
—-
Doc, you said a mouthful.
The pollsters in Alabama were correct. Roy Moore took 40% of the vote and will face Sen. Luther Strange in a runoff on September 26.
Turnout was very small, apparently in the 10%-15% range.
The news about the Alabama primary has been buried by Trump’s rants today.
Further to my report the other day about “Birtherism” in Australia.
Remember the arguments we had about dual citizenship and whether or not Obama might be one and how North Korea might declare everyone in the USA to be a citizen and thus making everyone ineligible if dual citizenship affected NBC status? Its a long time ago now, I know, but:
Section 44 Means ALL Politicians May Be Disqualified From Parliament, Barrister Claims
😎
RIP Hermitian. I believe he finally got himself banned here. His ban is now permanent.
http://www.martinfuneralhomeoakridge.com/obituaries/Henry-Blake/#!/Obituary
Netanyahu’s son, Yair, wrote on his Facebook page: “To put things in perspective. I’m a Jew, I’m an Israeli, the neo nazis scums (sic) in Virginia hate me and my country. But they belong to the past. Their breed is dying out. However the thugs of [violent anarchist movement] Antifa and [Black Lives Matter] who hate my country (and America too in my view) just as much are getting stronger and stronger and becoming super dominant in American universities and public life.”
http://www.jpost.com/Israel-News/Israeli-politicians-divided-in-response-to-Trump-press-conference-502562
Yair must have received the talking-points memo.
You can read the talking points in their entirety here.
https://www.theatlantic.com/politics/archive/2017/08/the-president-was-entirely-correct/537042/
Hermitian was this guy?
Good Lord. How on earth can an engineer with a PhD, a church deacon who presumably values the truth, be so dedicated to the endless perpetuation of absolute lies and bull**It?
Senility?
Does nbc know?
It’s a mystery Pete. There is a telling line in the obituary written by his son. He wrote that one of the things Henry loved was Fox News. I have never seen that in an obituary before! He said Henry used to carry on one sided arguments with commentators. I can see Henry yelling at Hannity when he denounced Birthers. 😆
There is no doubt Henry was intelligent. No one gets a PhD in engineering who is stupid. However, his bias against Obama and probably racism clouded his judgement and turned him into a completely dishonest troll at Doc’s, NBC’s, RC Radio, John Woodman’s blog, and Amazon.
How can otherwise intelligent and moral people who should know better hold these beliefs? How can they believe Trump when he tries to claim both sides in Charlottesville were equally to blame? It’s a long answer. When we figure it out maybe we can fix it.
A dead birther? Lemme see if I have F—s to give…Hmmm, none in my wallet, or any of my cargo pant pockets. Well, guess I don’t have any then. The only question I have, is when are the rest of his scummy friends gonna be joining him?
Ex-Con Judy correctly predicted that it would take three weeks for the 10th Circuit to rule: The court affirmed the denial of Judy’s motions.
So Cody can read it:
https://www.scribd.com/document/356494024/Cody-Judy-Appeal-Order
Will Trump hold a rally in Phoenix next week?
“I am disappointed that President Trump has chosen to hold a campaign rally as our nation is still healing from the tragic events in Charlottesville,” Phoenix Mayor Greg Stanton said.
“It is my hope that more sound judgment prevails and that he delays his visit.”
“If President Trump is coming to Phoenix to announce a pardon for former Sheriff Joe Arpaio, then it will be clear that his true intent is to enflame emotions and further divide our nation,” Stanton said.
http://www.abc15.com/news/region-phoenix-metro/central-phoenix/phoenix-mayor-greg-stanton-not-happy-about-president-trumps-rally-plans
Will Ducey meet him on the tarmac?
Obviously the rule-of-law-contemptuous Trump is going to pardon the rule-of-law-contemptuous Arpaio on Wednesday.
Or Tuesday. Looks like the rally is Tuesday night.
If it happens, it will be a sad day for the rule of law.
It will happen.
There’s my prediction.
In case anyone was wondering if Roy was like, evil genius, or just evil:
Gary Kreep censured for being a horrible judge, but (barely) gets to stay on the bench.
Agreed.
Its crazy how fast the loonies have turned on Bannon, now that Trump has cut him loose.
Its like they have the polar opposite of derangement syndrome, as far as their cancerous orange turd is concerned.
Andrew Vrba, PmG.: Its crazy how fast the loonies have turned on Bannon, now that Trump has cut him loose.
But who remains from that crowd? The Mercers, Stephen Miller, Sebastian Gorka AND his wife, David Bossie, Kellyanne Conway, Rick Dearborn, Marc Short, among others.
Charlie SpieringVerified account @charliespiering
🚨Siren🚨 Steve Bannon returned to Breitbart News as Executive Chairman of Breitbart News and chaired our evening editorial meeting
Judy’s not happy about the bad news.
Not much making sense there, except that I think he’s accusing three white judges of being black nationalists.
Once again Judy fails to comprehend the written word.
Even if we accepted his dubious proposition that his lawsuit wasn’t officially dismissed until the Supreme Court ruled on his appeal, the fact remains that SCOTUS dismissed his appeal on October 5, 2015 and marked it “Closed” on October 8, 2015. Judy filed his Motion for Relief of Judgment on January 27, 2017, more than 15 months later.
FRCP 60 says that a Motion for Relief based upon new evidence must be filed “no more than a year after the entry of the judgment or order or the date of the proceeding.” Even Judy should be able to comprehend that 15 months is longer than one year.
Once the Court determined that Judy filed his motion too late, there was no reason to go any further.
Yet Birthers claim they aren’t racists.
He’s far stupider than I thought possible.
In the ob. P&E article, ex-con Judy has already rebutted you!:
Don’t you see?: ex-con Judy’s January 2017 motion for relief from judgment was timely filed because it was within a year of ex-con Judy’s February 2016 throwing of paper at SCOTUS.
Except, of course, as we all know, SCOTUS never docketed his Motion to Re-open because SCOTUS doesn’t re-open appeals that have been denied and closed.
No. 14-9396
Title:
Cody Robert Judy, Petitioner
v.
Barack H. Obama, President of the United States, et al.
Docketed: April 20, 2015
Linked with 15A25
Lower Ct: United States Court of Appeals for the Tenth Circuit
Case Nos.: (14-4136)
Decision Date: February 3, 2015
Rehearing Denied: February 27, 2015
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Mar 30 2015 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 20, 2015)
Apr 27 2015 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from petitioner.
May 20 2015 Waiver of right of respondent Barack H. Obama, President of the United States to respond filed.
Jun 3 2015 DISTRIBUTED for Conference of June 18, 2015.
Jun 22 2015 The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until July 13, 2015, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
Jun 24 2015 Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
Jun 29 2015 Application (15A25) for an extension of time within which to comply with the order of June 22, 2015, submitted to Justice Sotomayor.
Jul 1 2015 Motion DISTRIBUTED for Conference of September 28, 2015.
Jul 7 2015 Application (15A25) denied by Justice Sotomayor.
Oct 5 2015 Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
Oct 8 2015 Case considered closed.
Rondeau allowed me to post a response to Judy’s argument. I explained that filing a motion to re-open a lawsuit doesn’t re-open it unless the motion is affirmed.
I didn’t bother to make the point that if simply filing a motion stayed the dismissal of a case, a litigious plaintiff such as Judy could prolong a case indefinitely by filing nonsensical motions. It’s clear that the one-year window for filing a Motion for Relief of Judgment based upon newly-discovered evidence is one year from the date of dismissal.
In other news, Trump goes to Arizona tomorrow. Will he pardon Arpaio?
Specifically, date of dismissal at the District Court. Very well-established case law and precedent. If the appeal takes longer than a year, time’s up even if the case is still active – though it might be possible to tack it on to the appeal under different rules.
So, apparently Gabe Zolna joins the list of birthers and fringe loonies that Youtube has cracked down on. P&E calls it “censorship” I call it “about damned time”.
As for Arpaio possibly getting pardoned, it still means he accepts guilt. A Pardon doesn’t expunge the conviction, so he doesn’t get to die with a “clean” record to leave behind. I imagine that will eat away at him for the rest of his life, even if only in private. Even more so if the public refuses to let him forget he’s been convicted.
Two weeks ago I thought it was a foregone conclusion that Trump would pardon Arpaio. I would speculate that the Phoenix rally was scheduled to coordinate with the pardon. What a show!
Now Charlottesville has changed the political climate. Even someone as stupid as Trump probably realizes how band this would look in the wake of the furor over his ridiculous post C-ville tweets and statements.
But after all he is Trump and if he is anything he is unpredictable.
My prediction was and is: Absolutely, he will pardon Arpaio.
Not even close.
Ex-con Judy has filed the inevitable PREB. Instead of discussing the panel’s basis for its ruling, ex-con Judy instead says the judges are black nationalists. And ex-con Judy still wants his entry of default.
Arpaio claims that he doesn’t know if Trump will pardon him.
The article is incorrect about the effect of a pardon. If it comes it will not erase Arpaio’s conviction, as we have discussed previously.
http://talkingpointsmemo.com/livewire/america-toughest-sheriff-apario-no-idea-trump-pardon
Would it be so wrong for one of these courts to just send someone outside, to pimp-slap him so hard people across the street feel it, when he does his next filing?
Which is a worse punishment: being pimp slapped, or being Cody Judy?
To quote that adorable little girl from the taco shell commercial “Why not both?”
Report: White House Says No Pardon for Joe Arpaio Today
http://www.phoenixnewtimes.com/news/sheriff-joe-arpaio-doesnt-get-a-pardon-from-donald-trump-9606956
Is the operative word “today”?
Apparently that is the operative word. It is being reported that the pardon paperwork has been completed. If the report is true, it’s only a matter of time.
An Arpaio pardon by Trump would be the ultimate travesty of justice.
As I predicted.
Trump announces, without saying it explicitly, but making it totally clear, that he will pardon Joe Arpaio.
“Do the people in this room like Sheriff Joe? So was Sheriff Joe convicted for doing his job? … You know what, I’ll make a prediction: I think he’s going to be just fine, OK? But I won’t do it tonight because I don’t want to cause any controversy. But Sheriff Joe should feel good.”
And no. Sheriff Joe wasn’t convicted for doing his job. He was convicted for willfully and illegally disobeying a federal court order. He’s an unrepentant law-ignoring criminal who ought to be in jail.
You’re absolutely spot on, Pete.
I am sure Trump went off script in making that remark. However, I never changed my mind that a pardon will eventually happen. Trump is only waiting let the dust from his racist remarks settle and the media has moved on to another stupidity.
Roy Moore “won’t back down from questioning Obama’s citizenship”
http://www.cnn.com/2017/08/22/politics/kfile-roy-moore-birther-comments/index.html
WHATAGUY!!!!
To be fair to Moore, he hasn’t publicly birfed since December. But Moore has a looong history of birfering.
Maybe no one has asked him about it. Someone should ask – if he is elected will he ask for an investigation of President Obama’s eligibility.
Yeh.
He should see a doctor about that.
I just read Judy’s “Motion For Review En Banc.”
His idea of getting the Court of Appeals to side with him is to accuse the Court of having “participated in the criminal cover-up” and suggesting that the denial of his appeal “presents a wholly unacceptable standard for the Courts of Justice that incorporates nefarious anti-American treason against the Constitution.”
And he still doesn’t understand that he can’t be granted a default when he hasn’t filed proper proof of service. Not that he would ever be granted a default, because he hasn’t stated a claim for which relief can be granted.
“I want an appeal” will be what they carve on his headstone.
This one should be the end. SCOTUS won’t grant him IFP status and he won’t be able to raise the money for the filing fee and the printing costs (unless the birthers who helped him to pay the Tenth Circuit fee are even stupider than they, appear).
————
Did you see the Guardian’s recent video and article about Alabama, Roy Moore, and Putinism? It’s really chilling.
https://www.theguardian.com/us-news/2017/aug/10/alabama-senate-race-roy-moore-vladimir-putin-russia
Excerpts from the article:
In an interview with the Guardian’s Anywhere But Washington series, Moore also said that Ronald Reagan’s famous declaration about the Soviet Union being “the focus of evil in the modern world” might today be applied to the US.
“You could say that about America, couldn’t you?” he said. “We promote a lot of bad things.” Asked for an example, he replied: “Same-sex marriage.”
When it was pointed out to Moore that his arguments on gay rights and morality were the same as those of the Russian leader, he replied: “Well, maybe Putin is right.” He added: “Maybe he’s more akin to me than I know.”
* * *
In his interview with the Guardian, Moore repeated his belief that Trump was put in the White House by God. “Everybody else thinks it’s the Russians,” he said. “I think it was the providential hand of God.”
He should be asked where the providential hand of God was when Obama was elected twice.
That’s a lot of economic anxiety, right there.
This goes back to my oft-repeated theory of God as ADHD Sufferer, Who sometimes gets so wrapped up in being the ultra-executive producer of Grammy-winning albums and helping televangelists get that updated Gulfstream, that He occasionally accidentally lets lesser events slide. Sometimes things like a couple of Obama wins and Hurricane Harvey will just slip through the cracks, you know? Do you have any idea how many prayers and shout-outs are rocketing in to distract him?
All the best to folks in SE Texas. I was there after Hurricane Ike and it was not pretty. Looks like Harvey is packing a double whammy, high winds and record rainfall amounts. The flooding could be historic.
Reality Check: All the best to folks in SE Texas.
Trump, when asked if he had a message for the people of Texas, he said, “Good luck to everybody. They’re going to be safe. Good luck to everybody. Good luck.” and then he left for Camp David
Before Hurricane Sandy, Obama went to FEMA headquarters for a briefing, received another briefing in the Situation Room the next morning, pre-declared a state of emergency after the weather forecasts worsened, and then he addressed the nation:
https://obamawhitehouse.archives.gov/the-press-office/2012/10/29/remarks-president-hurricane-sandy
Welp, birfer pres pardoned birfer shurf.
For immediate release:
President Trump Pardons Sheriff Joe Arpaio
http://talkingpointsmemo.com/edblog/breaking-trump-pardons-arpaio
McCain was not a hero and Arpaio gets a tribute?
Arpaio pardoned. Birthers cheer, justice weeps.
Breaking: Sebastian Gorka Resigns From Trump Administration
http://thefederalist.com/2017/08/25/breaking-sebastian-gorka-resigns-from-trump-administration/
Talk about a Friday-night news dump …..
—-
. . . on the eve of a hurricane. shame on them.
Gahh: he says he’s quitting because they’re just not racist enough for him any more. They’ve lost that old Nazi feeling.
j.d. sue: . . . on the eve of a hurricane. shame on them.
Hurricane Harvey
Bans transgender troops
North Korea missiles
Pardons Joe Arpaio
Seb Gorka resigns BUT his wife is still there
Early this year, his wife and partner, Katharine Cornell Gorka, took up a post at the U.S. Department of Homeland Security, where she is now an adviser to the department’s policy office.
Almost as soon as they entered the Trump administration, the Gorkas absorbed withering incoming fire from national-security experts and in a series of exposés in LobeLog.com and The Forward, a progressive Jewish periodical.
http://www.rollingstone.com/politics/features/sebastian-gorka-the-west-wings-phony-foreign-policy-guru-w496912
Shanda!!!
So is this an actual rape of Lady Justice, or just grabbing her by the *****?
Whichever it is, it certainly seems like one or the other.
Maybe the Surprise, AZ Teatards could petition Sheriff Penzone to look into whether Arpaio broke any local or state laws. Anyone want to lay odds on that happening?
—-
This is all a shanda of the American people before the nations.
I suppose Gorka will move on to Breitbart, or maybe he’ll join up with Boris Epshtein at Sinclair. He’s been exposed as having a bogus PhD and as being unable to get security clearance, so what else can he do?
As for pardoning Arpaio, I still haven’t found the words… So tragic on so many levels. For now, my heart goes out to the people of Arizona and his victims.. . .
Also, for the record, where I come from, a person can’t be the “toughest” sheriff if he can’t even face a max sentence of 6 months. All brute, no balls.
Amazing!
Why would anyone care about the Mueller or other investigations if Trump has just told them (with the Arpaio pardon) “express your loyalty and don’t worry, i will pardon you”?
Trump might as well pre-pardon everyone, including himself and his family.
—
IMO, he is out of his league, heading for a fall.
FYI in France the President has the right to pardon but (there were some reforms about it in 2008) it is subordinated to two Ministers’ recommendations or consent. our Minister of Justice and some other high-ranking official. I could check if anyone is interested.
In effect, Trump can now ask any of his subordinates to, say, rough up or even murder a political opponent or a hostile member of the press without any consequences. I don’t even know who’d have standing to take this to SCOTUS for review, not that the current court wouldn’t give him a pass. You don’t have a president anymore, you have Richard III.
An op/ed.in yesterdays New York Times, written before the pardon was announced, raised the same concern,
“But if the president signals to government agents that there exists the likelihood of a pardon when they violate a judicial injunction that blocks his policies, he can all too easily circumvent the only effective means of enforcing constitutional restrictions on his behavior. Indeed, the president could even secretly promise a pardon to agents if they undertake illegal activity he desires.”
Both of Arizona’s senators have criticized Trump’s pardon, with John McCain being especially pointed in his remarks, saying,
“The President has the authority to make this pardon, but doing so at this time undermines his claim for the respect of rule of law as Mr. Arpaio has shown no remorse for his actions.”
Well, there you go. Arpaio’s conviction remains in place, his penalty is eliminated, and the Maricopa county taxpayers pay the price. Trump has done some pretty stupid things, but his pardon of Joe Arpaio is an affront to the rule of law and to all of Arpaio’s victims. Disgraceful, simply disgraceful.
Not surprised. Disappointed, sure. But not surprised.
That said, this can be used as ammo against Trump. Even some in his own party is like “Dude, what the hell?!”
And for Arpaio’s part, as long as people hound him about it until his final days, he won’t enjoy a moment of his freedom.
Maybe while they’re at it, they could demand an investigation into whether Donald Trump is a legitimate President, or whether he was installed by colluding with Vladimir Putin’s Russia.
Our Republic can’t tolerate having a President who might be controlled by foreign influence. Remember?
It’s worth noting that everything about this pardon violates the DOJ’s guidelines:
Under the Department’s rules governing petitions for executive clemency, 28 C.F.R. §§ 1.1 et seq., an applicant must satisfy a minimum waiting period of five years before he becomes eligible to apply for a presidential pardon of his federal conviction. The waiting period, which is designed to afford the petitioner a reasonable period of time in which to demonstrate an ability to lead a responsible, productive and law-abiding life, begins on the date of the petitioner’s release from confinement. Alternatively, if the conviction resulted in a sentence that did not include any form of confinement, including community or home confinement, the waiting period begins on the date of sentencing. In addition, the petitioner should have fully satisfied the penalty imposed, including all probation, parole, or supervised release before applying for clemency. Moreover, the waiting period begins upon release from confinement for your most recent conviction, whether or not this is the offense for which pardon is sought. You may make a written request for a waiver of this requirement. However, waiver of any portion of the waiting period is rarely granted and then only in the most exceptional circumstances. In order to request a waiver, you must complete the pardon application form and submit it with a cover letter explaining why you believe the waiting period should be waived in your case.
https://www.justice.gov/pardon/pardon-information-and-instructions
I keep hearing this, but that doesn’t sound right. IANAL, and I know others here are, but: Isn’t shortening the sentence (in this case to zero) without overturning the conviction, as Obama did with Chelsea Manning, a commutation, not a pardon?
My impression is that the powers of a presidential pardon allow him to make a federal conviction disappear as if it never existed.
Trump asked Sessions about closing case against Arpaio, an ally since ‘birtherism’
The president asked Attorney General Jeff Sessions whether it would be possible for the government to drop the criminal case against Arpaio, but was advised that would be inappropriate, according to three people with knowledge of the conversation.
After talking with Sessions, Trump decided to let the case go to trial, and if Arpaio was convicted, he could grant clemency.
Trump’s Friday-evening decision to issue his first pardon for Arpaio was the culmination of a five-year political friendship with roots in the “birther” movement to undermine President Barack Obama. In an extraordinary exercise of presidential power, Trump bypassed the traditional review process to ensure that Arpaio, who was convicted of contempt of court, would face no time in prison.
As caretakers of the false “birther” conspiracy, Trump and Arpaio relentlessly probed Obama’s birth in Hawaii and nurtured a lie to damage the legitimacy of the nation’s first African American president.
https://www.washingtonpost.com/politics/trump-asked-sessions-about-closing-case-against-arpaio-an-ally-since-birtherism/2017/08/26/15e5d7b2-8a7f-11e7-a94f-3139abce39f5_story.html?hpid=hp_hp-top-table-main_trumparpaio651pm%3Ahomepage%2Fstory&utm_term=.e3bdedf86dff
hustle – “My impression is that the powers of a presidential pardon allow him to make a federal conviction disappear as if it never existed.”
From DOJ website:
“A pardon is an expression of the President’s forgiveness and ordinarily is granted in recognition of the applicant’s acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence. It does not signify innocence. It does, however, remove civil disabilities – e.g., restrictions on the right to vote, hold state or local office, or sit on a jury – imposed because of the conviction for which pardon is sought, and should lessen the stigma arising from the conviction.”
From United States v. Wilson 32 U.S. 150 (1833),
“A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed.”
From Burdick v. United States 236 U.S. 79 (1915),
“There are substantial differences between legislative immunity and a pardon; the latter carries an imputation of guilt and acceptance of a confession of it, while the former is noncommittal, and tantamount to silence of the witness.”
“There is a distinction between amnesty and pardon; the former overlooks the offense, and is usually addressed to crimes against the sovereignty of the state and political offenses, the latter remits punishment and condones infractions of the peace of the state.”
Arpaio’s attorney is taking the position – without citing any precedent – that Arpaio’s pardon is the equivalent of a defendant dying during an ongoing appeal and effectively exonerates him.