WASHINGTON, D.C. – The case President Trump needs to understand is that Arpaio, the victim of an unjust prosecution and an unjust conviction, is being set up for an unjust sentencing and jail term that he will inevitably suffer if Democratic operatives and their allies in the establishment GOP succeed in convincing Trump to delay the pardon until after Sheriff Arpaio is sentenced on October 5.
Arpaio’s Arpaio’s attorney, Mark Goldman, Goldman & Zillinger PLLC in Scottsdale, AZ, has addressed a letter delivered today to White House Counsel Donald F. McGann II, explaining the predicament President Trump’s promise of a pardon has created for Arpaio.
- As you are aware, you or another individual identifying himself as White House Counsel, directly telephoned Sheriff Arpaio early last week, asked him if he would accept a pardon, and in response to Sheriff Arpaio’s affirmative answer, told him that papers were being drawn up and would be delivered to him. After that conversation, on Tuesday, August 22, 2017, the President of the United States stated to the public, “I don’t want to do it [pardon him] tonight because I don’t want to cause any controversy, okay.”
Having told the audience in Phoenix and the nation by television coverage of the rally this week, Arpaio supporters argue it is time “to let Trump be Trump” when it comes to pardoning former Sheriff Joe Arpaio.
In the last two days, Democratic Party operatives and GOP elected officials worried about political fallout from an Arpaio pardon have begun encouraging the White House behind the scenes to delay the pardon until after U.S. District Judge Susan Bolton hold the sentencing hearing on Arpaio’s criminal misdemeanor charges on October 5.
The argument made by those wanting to delay the pardon is that Judge Bolton’s sentence might be lenient, not demanding jail time for Arpaio – a situation those opposing the pardon argue would be easy for Arpaio to serve as just punishment for what they see as a legitimate due process conviction.
The problem is that according to federal pardon rules and regulations, if Bolton is allowed to hold the sentencing hearing, Arpaio would have to wait five years before being eligible for a presidential pardon.
Moreover, sources close to Sheriff Arpaio, including his legal team, have advised Sheriff Arpaio that Judge Bolton, aware now that President Trump want to pardon Arpaio, has nothing to lose by imposing a jail sentence and demanding that Arpaio begin serving the jail sentence immediately.
All this ignores the abundant evidence that Arpaio is the victim of an Obama Department “revenge prosecution” because he attempted to enforce immigration laws the Trump administration wants enforced.
Goldman, in his letter addressed today to White House Counsel explained the problem Arpaio now faces as follows:
- Given that sentencing is scheduled on a Friday, waiting to issue a pardon until after sentencing leaves open the very real scenario for Sheriff Arpaio to be sentenced, handcuffed, given a “perp walk” and incarcerated on Friday, October 5, 2017, and left to languish in federal custody until such time as a pardon is issued, accepted, and filed with the court, and thereafter recognized by the court. Consequently, any delay of a pardon until after sentencing would only serve to exacerbate the injustices that have been suffered by Sheriff Arpaio.
In their determination to send Arpaio to jail, the Obama holdover operatives in the DOJ Public Integrity Section managed to get a judge prejudicial to Arpaio who was willing to charge him under the wrong stated simply to deny Arpaio his right to a jury trial.
At the Phoenix rally, President Trump’s public statements made a representation a pardon was forthcoming, setting up the basis for more serious damage to be done to Arpaio by a retributive sentencing by a federal judge given reason to believe by Democratic Party activists and their supporter in the establishment GOP that their plot to delay the pardon until after the sentencing is possible.
A retributive judge angered by President Trump’s representation of a pardon could easily be tempted to pre-empt the pardon by holding the sentencing hearing as planned, on October 5, and using the national public stage created by President Trump’s pardon offer to punish Arpaio by handcuffing him at the hearing and hauling him off to jail, in a show-case attempt to embarrass the White House.