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TomSlick

(12,969 posts)
32. I think I agree about the effect of the conviction and pardon in civil litigation.
Sat Oct 21, 2017, 05:06 PM
Oct 2017

As the learned judge ruled in this case, the pardon does not erase the fact of the conviction, just the consequences.

I am less confident a State could sustain legislation that purported to impose disabilities for a federal conviction that had been subject of a presidential pardon. A state legislature cannot limit the presidential pardon power of the US Constitution.

I have no problem with the proposition that a State highest court is free to interpret language in its state constitution that is identical to language in the US Constitution as saying something different than SCOTUS's interpretation. SCOTUS is the final arbiter of the meaning of the US Constitution while each State's highest court is the final arbiter of the meaning of its State constitution - subject, of course, to the limitation that a State Constitution (as interpreted by it highest court) cannot contain provisions that are forbidden by the US Constitution (as interpreted by SCOTUS.)

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Sigh, well O.K. We are reduced to small victories. UTUSN Oct 2017 #1
Not so small if it prevents him from challenging Flake for Senate. Amimnoch Oct 2017 #4
Point taken in that sphere. But the substitute for ARPAIO against FLAKE will be around much longer. UTUSN Oct 2017 #5
Why in the world would that stop him from challenging Flake? former9thward Oct 2017 #21
As Horace Rumpole would have said, TomSlick Oct 2017 #2
Here, here. peequod Oct 2017 #6
Rumpole is my hero TomSlick Oct 2017 #9
Mine as well; nice quote! peequod Oct 2017 #12
This is a great thing. It means he has less of a defense when he is sued. bitterross Oct 2017 #3
Excellent point! Dustlawyer Oct 2017 #7
He is not getting sued. former9thward Oct 2017 #22
Good! SergeStorms Oct 2017 #8
Does he lose his right to vote, or to carry a firearm? EarnestPutz Oct 2017 #10
Doesn't matter whether the contempt is a felony. TomSlick Oct 2017 #11
I'm not sure about that. Jim Lane Oct 2017 #14
A federal pardon removes any disability from a federal conviction. TomSlick Oct 2017 #17
Has the issue of disabilities imposed by state law ever been litigated? Jim Lane Oct 2017 #20
It was a misdemeanor. former9thward Oct 2017 #23
As I'm fond of telling Arkansas lawyers (and judges) this issue was resolved in the 1860s. TomSlick Oct 2017 #25
Yes, I've heard of pre-emption. No, that glib response doesn't answer my question. (n/t) Jim Lane Oct 2017 #27
Glib responses only work when they're accurate. TomSlick Oct 2017 #28
Long or short, it's still all just assertions. Jim Lane Oct 2017 #30
I think I agree about the effect of the conviction and pardon in civil litigation. TomSlick Oct 2017 #32
I'm not getting that from the article. Amimnoch Oct 2017 #15
See Reply #17. TomSlick Oct 2017 #18
No, no and no. former9thward Oct 2017 #24
I haven't researched TomSlick Oct 2017 #26
The judge did not toss it from his record. He's still got a conviction. kcr Oct 2017 #29
Nope. former9thward Oct 2017 #31
The article you cite is loosely (and inaccurately) worded Jim Lane Oct 2017 #33
I agree with your summary. former9thward Oct 2017 #34
You raise a good question about why Arpaio cares. Jim Lane Oct 2017 #35
STFU and sit your tired ass down, ex-sherriff. oasis Oct 2017 #13
Sheriff Joe is a crook Gothmog Oct 2017 #16
You can't be pardoned for nothing, Sheriff Dumbfuck. Iggo Oct 2017 #19
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