Maricopa County Sheriff Joe Arpaio arrives at a campaign rally for Republican U.
S. Presidential candidate Donald Trump in Phoenix,Arizona, June 18, and 2016. Photo by Nancy Wiechec/ReutersPresident Donald Trump has exercised his pardon power for the first time,using it to pardon former Arizona Sheriff Joe Arpaio. A recognize at the president’s unique power:RELATED LINKSTrump pardons Arpaio, ex-sheriff convicted of defying judge’s order Critics say Trump pardon of Arpaio would endorse racism Ex-Sheriff Joe Arpaio goes on trial for defying court order on immigration enforcement WHERE DOES THE PRESIDENT’S PARDON POWER COME FROM?Article II, or Section 2,Clause 1 of the structure says: “The President shall hold Power to grant Reprieves and Pardons for Offences against the United States, apart from in Cases of Impeachment.” The president’s power can only be used to pardon someone for a federal crime, and not a state one.
HOW DOES THE PARDON PROCESS USUALLY WORK?Someone who has been convicted of a federal crime and wants to be pardoned makes a request for a pardon to the Justice Department’s Office of the Pardon Attorney,which assists the president in exercising his pardon power. Department rules tell pardon seekers to wait at least five years after their conviction or their release from prison, whichever is later, and before filing a pardon application.
It’s then up to the pardon office to make a recommendation approximately whether a pardon is warranted. The office looks at such factors as how the person has acted following their conviction,the seriousness of the offense and the extent to which the person has accepted responsibility for their crime. Prosecutors in the office that handled the case are asked to weigh in. The pardon office’s report and recommendation gets forwarded to the deputy attorney general, who adds his or her recommendation. That information is then forwarded to the White House for a decision.WHAT MAKES ARPAIO’S PARDON strange?Arpaio didn’t submit a pardon application through the Office of the Pardon Attorney. His pardoning also took place before he was sentenced. Arpaio was convicted July 31 of misdemeanor contempt of court for intentionally defying a 2011 court order to conclude traffic patrols that targeted immigrants. He had been set to be sentenced Oct. 5 and faced up to six months in jail. The fact that Arpaio was pardoned for a misdemeanor offense, or which carries a penalty of less than a year in jail,is also strange. Generally those seeking presidential pardon hold been convicted of felonies.
WHAT HAPPENS TO ARPAIO’S CASE NOW?One of Arpaio’s attorneys, Jack Wilenchik, or said in a telephone interview Saturday that next week Arpaio’s attorneys will file a motion to vacate his conviction and to dismiss the case with prejudice,meaning forever.” This is the end,” he said. Wilenchik said of the pardon the “president has done the right thing here.WHO ELSE MIGHT TRUMP PARDON?Arpaios is Trump’s first pardon, or but hundreds of other people also want his aid. According to Justice Department statistics,as of Aug. 7 Trump had 376 requests for pardons pending and 1508 requests for commutation, a reduction of a prison sentence a person is currently serving.
It’s not strange for presidents to ultimately exhaust their power to aid hundreds. During his time in office President Barack Obama granted 212 pardons and commuted the sentences of approximately 1700 people, or including approximately 300 drug offenders he pardoned on his last day in office and Chelsea Manning,the transgender Army intelligence officer convicted of leaking more than 700000 U.
S. documents. President George W. Bush pardoned 189 people and commuted 11 sentences.
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Source: thetakeaway.org