2. If you think Arpaio was acting in a way that's completely indefensible in the absence of a court order, there's no reason to use pardon.
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3. Trump clearly doesn't think that (nor does much of his base).
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4. From that standpoint, Arpaio's conviction is political: a court rejected the policy, and used its power to stop it.
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5. Arpaio was not convicted of any individual crime or of breaking a criminal law, but of using his office to defy a federal judge.
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6. Of course defying a federal judge is illegal! Otherwise, we would not be discussing the pardon power.
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7. That raises the 2d issue, which is whether it undermines the rule of law to use a pardon to let a state official off for defying a fed ct
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8. This is where liberals should picture, in place of Arpaio, someone pursuing a cause that liberals sympathize with vs a hostile judge.
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9. Pardons of that nature were, IIRC, used by Jefferson for violators of the Alien & Sedition Acts. Carter pardoned Vietnam draft dodgers.
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10. Obama, of course, pardoned a Puerto Rican terrorist. (Extreme case: South Africa releasing Mandela, who was guilty under the law.)
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11. I'm skeptical of using the pardon power this way, but if you think a federal judge went too far in a fight over government powers...
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12. ...it becomes easier to view the pardon as the Executive's natural weapon to fight back vs the courts. Which the Founders anticipated.
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13. Some of the outrage here is simply view that Arpaio had no possible justification, of course. Fair enough.
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14. But the reflexive view that the Executive should have no place to use pardons to undermine judicial supremacy is too facile.
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15. This isn't Terry McAuliffe dispensing pardons in bulk just to get people on the voter rolls. This is fundamentally a policy dispute.
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16. Not having closely followed the Arpaio arguments, I'm skeptical of the pardon, and no fan of Arpaio. But there are weighty issues here.
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17. As usual, we shouldn't be quick to toss over the proper rules of the road on thorny issues just because it's Trump & he's being Trump.
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Going to assume the rest of this thread and providing rationalization for the pardon, hope it makes you feel good
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I'd not expect you to read before commenting.
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Having now read, you did exactly what I thought you would. Classic NRO
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This is a balanced, reasoned view. You just aren't used to reading intellectually honest writing.
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