Pardon called affront on judiciary
Ryan joins critics of Trump’s move to help Arpaio
WASHINGTON President Donald Trump’s pardon of former Arizona sheriff Joe Arpaio shows a lack of regard for an independent judiciary, say critics who note Trump’s past criticism of federal judges, including the chief justice of the United States. Supporters counter that the veteran law enforcement officer deserved America’s gratitude, “not the injustice of a political witch hunt.”
House Speaker Paul Ryan’s office also issued a rebuke on Saturday.
“I am pleased to inform you that I have just granted a full Pardon to 85 year old American patriot Sheriff Joe Arpaio. He kept Arizona safe!,” Trump tweeted late Friday after the White House announced that he had used his pardon power for the first time, sparing a political ally the prospect of jail time for defying court orders to halt police patrols that focused on Latinos.
The announcement came as Trump hunkered down at the Camp David presidential retreat while millions along the Texas coast braced themselves for Hurricane Harvey’s impact. Trump’s decision also followed the uproar that ensued after he said “both sides” were responsible for deadly violence during race-fueled clashes this month in Charlottesville, Va.
There is no legal dispute over Trump’s ability to pardon in a contempt of court case, as was Arpaio’s. The U.S. Supreme Court ruled in 1925 that a presidential pardon for a criminal contempt of court sentence was within the powers of the executive, and Trump had telegraphed his move for days. But the pardon was unusual given that Arpaio was awaiting sentencing. It also had not gone through the normal pardon process, which includes lengthy reviews by the Justice Department and the White House counsel’s office.
Reaction to the decision was sharp and swift, including among some fellow Republicans with whom Trump has been feuding openly.
Ryan (R-Wis.) signaled his disagreement with the pardon through his spokesman.
“Law-enforcement officials have a special responsibility to respect the rights of everyone in the United States,” Ryan spokesman Doug Andres said in a statement. “We should not allow anyone to believe that responsibility is diminished by this pardon.”
Republican Sen. John McCain of Arizona, who incurred Trump’s wrath after voting against a Republican health care bill, said: “The president has the authority to make this pardon, but doing so at this time undermines his claim for the respect of rule of law as Mr. Arpaio has shown no remorse for his actions.”
The state’s junior senator, Republican Jeff Flake, also disagreed with the move.
“I would have preferred that the president honor the judicial process and let it take its course,” tweeted Flake, a Trump critic who has come in for particularly harsh treatment from the president. Trump has called Flake, who is up for re-election next year, “toxic” and “WEAK” on border issues and crime. Trump has rooted openly for Flake’s GOP challenger, state Sen. Kelli Ward, who supports Arpaio’s pardon, which could become an issue in the race.
“We applaud the president for exercising his pardon authority to counter the assault on Sheriff Arpaio’s heroic efforts to enforce the nation’s immigration laws,” she said.
Rep. Andy Biggs (RAriz.) said, “America owes Sheriff Arpaio a debt of gratitude and not the injustice of a political witch hunt.”
But while the pardon could in the short term energize Trump’s conservative base, which includes many with strong anti-immigration views, the decision could further alienate voter groups, such as Latinos, whose support the Republican Party has said it needs to win future elections. Trump managed to defy those dynamics in 2016.
Jens David Ohlin, vice dean and professor at Cornell Law School, said he was disturbed by the pardon, given Trump’s relationship with the judiciary.
“Ever since the campaign and the beginning of his administration he’s had a very contentious relationship with the judiciary and hasn’t shown much respect for either members of the judiciary or the proper role of the judiciary within our constitutional structure,” Ohlin said Saturday.