Arpaio to Plead With Judge to Toss Conviction

His lawyers will present oral arguments on Oct. 4
By Arden Dier,  Newser Staff
Posted Aug 30, 2017 9:25 AM CDT
Arpaio to Plead With Judge to Toss Conviction
Joe Arpaio is seen at the Republican National Convention in Cleveland in 2016.   (AP Photo/Paul Sancya, File)

Joe Arpaio has asked an Arizona judge to vacate his contempt of court conviction, arguing a presidential pardon "warrants an automatic vacatur of all opinions, judgments, and verdicts related to the criminal charge." But he'll have to come up with a bit more than that. On Tuesday, US District Court Judge Susan Bolton ordered Arpaio to present oral arguments in favor of such an outcome before she decides whether his conviction should be wiped, reports the Arizona Republic. The Justice Department will likewise have to present arguments for or against a nullification. The arguments are scheduled to be heard on Oct. 4. Arpaio's sentencing hearing had been set for Oct. 5, though it was canceled following Friday's pardon.

A lawyer for Arpaio gives a hint as to what might be presented during the October meeting, telling the Republic that the verdict "was never delivered to Sheriff Arpaio in open court, but instead sent to his attorneys via email, thus violating his constitutional rights to a public trial and to participate in his trial." He adds Arpaio is ready to appeal if the judge's decision isn't in his favor. Meanwhile, Arpaio has blamed the media and elected officials for recent "derogatory, slanderous statements" claiming his conviction for disobeying a judge's order was in fact for racial profiling. The Washington Post has a timeline of facts from the case, noting it did stem from systemic racial profiling by Arpaio's Maricopa County Sheriff's Office. (Here are Trump's thoughts on the pardon.)

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