Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

hlthe2b

(114,083 posts)
30. No... Dylan Roof was charged/convicted both State & Federally... Trump CAN NOT pardon State charges
Thu Apr 19, 2018, 06:57 AM
Apr 2018

Roof was sentenced to nine life sentences after pleading guilty to state murder charges.

He was likewise sentenced to death on Federal charges.
So, the best Trump could do is prevent his execution. He (Roof) would still face multiple life sentences on the state charges.

The Arpaio contempt charge is a Federal charge, which Trump pardoned for Arpeio. However, the judge can not vacate the conviction and that's what Arpaio wants. Pardons are not expungements, but merely restore some rights that would have been lost with the conviction and prevent having to serve any levied jail sentence. But only a win on appeal can vacate the conviction, which the pardon short-circuited, if Arpaio truly meant to appeal. US District Judge Susan Bolton ruled that the conviction stands as would normally be the case with a pardon, but DOJ refuses to defend that decision on appeal. Thus, this action ensures the action of this Federal Judge WILL be defended and thus, Arpaio's conviction regardless of pardon, stands.

These are very different legal issues.

Recommendations

0 members have recommended this reply (displayed in chronological order):

K&R Scurrilous Apr 2018 #1
K&R for visibility. nt tblue37 Apr 2018 #2
Let's just give this a Big Rec #5 & K UTUSN Apr 2018 #3
Kicking your pardon... Pluvious Apr 2018 #4
Yes! Nitram Apr 2018 #5
What would happen if the pardon is nullified? FakeNoose Apr 2018 #6
I am asking the same question BoneyardDem Apr 2018 #34
I hope that miserable SOB gets to spend his last days in his own desert ghetto. BobTheSubgenius Apr 2018 #7
Wearing nothing more than pink panties. GeorgeHayduke Apr 2018 #25
Hot damn! What are the implications for other possible pardons?? triron Apr 2018 #8
so... they want to argue the constitutionality of the pardon? Takket Apr 2018 #9
Here's the link to the full brief... High powered attorneys behind this so it is not a stunt. hlthe2b Apr 2018 #11
Apiao has not admitted wrongdoing (being guilty). Blue_true Apr 2018 #12
Exactly. GeorgeHayduke Apr 2018 #26
if i'm reading this right, all this likely means is more procedure to uphold the pardon. unblock Apr 2018 #10
Did you read the full brief? hlthe2b Apr 2018 #13
i only skimmed it, but the interesting subsequent arguments aren't there unblock Apr 2018 #17
Seems to me like the president can issue any pardons he wants... Volaris Apr 2018 #32
People make too much of what I think is mere dicta unblock Apr 2018 #35
Inasmuch as Arpaio's conviction was for violating a court order, Goodheart Apr 2018 #14
Yes... THIS is how I interpret it hlthe2b Apr 2018 #16
ok... that makes sense.......... Takket Apr 2018 #20
It's a long shot, but it has a chance because the judiciary will rule upon an attack upon themselves Goodheart Apr 2018 #22
Kick yortsed snacilbuper Apr 2018 #15
Put him in pink panties busting rocks in the 112 degree June Phoenix sun. argyl Apr 2018 #18
From my earlier understanding, Arpaio wants the verdict wiped as if it never happened. He wants vsrazdem Apr 2018 #19
This is a nice surprise! mountain grammy Apr 2018 #21
This may do less than you suggest struggle4progress Apr 2018 #23
Even if it only successfully maintains the conviction, that's something... hlthe2b Apr 2018 #24
This is huge malaise Apr 2018 #27
Is Scooter up next? SleeplessinSoCal Apr 2018 #28
Criminal contempt is just a crime, like any other Azathoth Apr 2018 #29
No... Dylan Roof was charged/convicted both State & Federally... Trump CAN NOT pardon State charges hlthe2b Apr 2018 #30
I don't understand why people deliberately miss the point Azathoth Apr 2018 #31
Miss point? For Dylan Roof to be pardoned for Fed crimes is irrelevent. State life sentence holds hlthe2b Apr 2018 #33
In other words, my point went right over your head n/t Azathoth Apr 2018 #36
You know, when one feels misunderstood, it is usually better to try to more clearly make your point hlthe2b Apr 2018 #37
The point of my original post was quite clear Azathoth Apr 2018 #38
Roof has not received a pardon, so why would he NOT be in a Federal cell. Again, you make no sense hlthe2b Apr 2018 #39
Latest Discussions»General Discussion»WOW: Harvard Professor w...»Reply #30