BREAKING: Federal judge DENIES Joe Arpaio's request to vacate orders in his criminal contempt case. https://www.documentcloud.org/documents/4113607-USA-v-Arpaio-Et-Al-Order-on-Motion-to-Dismiss.html …pic.twitter.com/nMBaoE793l
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I don’t have a J.D. myself, but it seems that someone concerned with avoiding punishment accepts a pardon before appeals are exhausted.
If he was most concerned with his innocence he should have kept appealing until he was able to set a precedent
That line from Burdick (1915 case) is dicta. Practically speaking, most pardons are for the guilty. But they can exonerate too.
As a layperson, I still feel like exonerations come after all legal remedies / appeals have been exhausted.
Presidents defer to that other process more than they used to--exonerative pardons used to be much more common. But the power remains.
Thanks for the insight!
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