Overturning Arpaio's Pardon - Laurence Tribe and Joe Fein [View all]

[canetoad]

Excellent article laying out the case for overturning the pardon, using historical examples.

https://www.washingtonpost.com/opinions/the-presidential-pardon-power-is-not-absolute/2017/09/18/09d3497c-9ca5-11e7-9083-fbfddf6804c2_story.html

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To understand why Trump’s pardon of Arpaio is so dangerous, step back to 1962, when a federal court ordered the all-white University of Mississippi to admit African American James Meredith. When the Mississippi governor refused to comply, the court directed the Justice Department to prosecute him for criminal contempt of court.

At the time, many anti-integration governors vowed “massive resistance” to court-ordered desegregation. The legal struggle against segregation relied on the power of court orders — enforceable by imprisonment for contempt.

Now imagine a president such as Trump pardoning the governor for contempt, while praising him, as Trump lauded Arpaio, for “doing his job.”

The message to segregationist officials would have been clear: just ignore federal court integration orders; the president will have your back if the court tries to enforce them through its contempt power.