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Author Topic: Trump pardons Arpaio  (Read 982 times)
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Stan

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« Reply #20 on: Aug 30, 2017, 12:35PM »

Trump is your man if you are a White "Christian" Straight Male.  Anybody else, look out. ;-)

There.  Fixed that for ya.
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Russ White

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« Reply #21 on: Aug 31, 2017, 06:32PM »

My son made an interesting point this evening. A Presidential pardon comes with an admission of guilt. Arpaio was convicted of intentionally violating the civil rights of American citizens. An admission of that opens him to slam dunk civil litigation. He may avoid jail, but he will almost certainly get sued into pauper status. Couldn't happen to a nicer guy.
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BGuttman
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« Reply #22 on: Aug 31, 2017, 06:44PM »

Trump would have done better to commute Arpaio's sentence.  This allows him to later protest innocence.  I think this was another bold ploy for Trump to enervate his base (meanwhile antagonizing everybody else).
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Bruce Guttman
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Ellrod

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« Reply #23 on: Aug 31, 2017, 06:48PM »

My son made an interesting point this evening. A Presidential pardon comes with an admission of guilt. Arpaio was convicted of intentionally violating the civil rights of American citizens. An admission of that opens him to slam dunk civil litigation. He may avoid jail, but he will almost certainly get sued into pauper status. Couldn't happen to a nicer guy.

Would he have personal liability though? My understanding is that Maricopa Cty has paid out tens of millions of dollars in these sorts of claims against Arpaio already.
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robcat2075

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« Reply #24 on: Aug 31, 2017, 09:20PM »

My son made an interesting point this evening. A Presidential pardon comes with an admission of guilt. Arpaio was convicted of intentionally violating the civil rights of American citizens. An admission of that opens him to slam dunk civil litigation. He may avoid jail, but he will almost certainly get sued into pauper status. Couldn't happen to a nicer guy.

It probably won't work that way.

Is accepting a pardon an admission of guilt?

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1. In 1915, the Supreme Court indeed said, of pardons, that “acceptance” carries “a confession of” guilt. Burdick v. United States (1915). Other courts have echoed that since.

2. On the other hand, a pardon has historically been seen as serving several different functions, one of which is protecting people who were convicted even though they were legally innocent.

Pardons are often assertions that the person really was innocent.

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Legal authorities, then, are split on the subject of how the law should understand pardons; but because some pardons are understood as being based on the pardoned person’s factual innocence, I doubt that any judge today would genuinely view acceptance of pardon as always being an admission of guilt. And my sense (though I realize that it might be mistaken) is that most people’s moral judgment today would be that, even if a pardon is offered just as a gesture of mercy and not as exoneration, the recipient may honorably accept it even if they continue to deny their factual guilt or their moral guilt.
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