Arpaio moves to dismiss case against him after Trump's pardon
Posted August 28
Attorneys for Arizona's former Maricopa County Sheriff Joe Arpaio on Monday asked the court to dismiss his case and vacate his conviction for contempt, now that he has been pardoned by President Donald Trump.
The move would essentially erase a federal district court judge's guilty verdict against Arpaio for contempt of court after he defied a federal court order to stop arresting individuals solely because they may be in the country illegally, which the court found to be unconstitutional racial profiling.
Arpaio's legal team on Monday asked the court to vacate the conviction and dismiss the case permanently before his scheduled October 5 sentencing and before the Supreme Court convenes in September. Arpaio had appealed his case to the Supreme Court.
Trump granted Arpaio a full and unconditional pardon last week in the case, effectively nullifying the court's finding.
Attorneys for Arpaio argued that because the former Maricopa County Sheriff was pardoned before he could exhaust all of his appeals, his case is rendered moot. But because the case is moot, Arpaio cannot pursue an overturning of his conviction. Thus, his only avenue is to have the court vacate it.
Arpaio faced up to six months of jail time.