Trump ‘gung-ho’ about Arpaio pardon from start
President allegedly asked Sessions if case against sheriff could be dropped
WASHINGTON— As Joseph Arpaio’s federal case headed toward trial this past spring, U.S. President Donald Trump wanted to act to help the former Arizona county sheriff who had become a campaign-trail companion and a partner in their crusade against illegal immigration.
The president asked Attorney General Jeff Sessions whether it would be possible for the government to drop the criminal case against Arpaio, but was advised that would be inappropriate, according to three people with knowledge of the conversation.
After talking with Sessions, Trump decided to let the case go to trial and if Arpaio was convicted, he could grant clemency.
So the president waited, all the while planning to issue a pardon if Arpaio was found in contempt of court for defying a federal judge’s order to stop detaining people merely because he suspected them of being undocumented immigrants. Trump was, in the words of one associate, “gung-ho about it.”
“We knew the president wanted to do this for some time now and had worked to prepare for whenever the moment may come,” said one White House official who spoke on the condition of anonymity because of the sensitivity of the action.
Responding to questions about Trump’s conversation with Sessions, White House press secretary Sarah Huckabee Sanders said, “It’s only natural the president would have a discussion with administration law- yers about legal matters. This case would be no different.”
The Justice Department declined to comment.
Trump’s decision to issue his first pardon Friday evening for Arpaio was the culmination of a five-year political friendship with roots in the “birther” movement to undermine president Barack Obama. In an extraordinary exercise of presidential power, Trump bypassed the traditional review process to ensure that Arpaio, who was convicted of contempt of court, would face no time in prison.
Trump’s pardon, issued without consulting the Justice Department, raised a storm of protest over the weekend, including from some fellow Republicans, and threatens to become a stain on this president’s legacy. His effort to see if the case could be dropped showed a troubling disregard for the traditional wall between the White House and the Justice Department, and taken together with similar actions could undermine respect for the rule of law, experts said.
Arpaio faced up to six months in prison and was due to be sentenced in October. During his 23 years as Maricopa County sheriff, Arpaio was a lightning rod, in part because of his aggressive crackdown on illegal immigrants.
He was also accused of racial profiling, failure to investigate sex crimes, poor treatment of prisoners and other instances of police misconduct.
Jesse Lehrich, a spokesperson for Organizing for Action, the political group that grew out of former president Obama’s campaigns, said the pardon “signals a disturbing tolerance for those who engage in bigotry.”
He added: “It sends an unsettling message to immigrants across the country. And it’s a repudiation of the rule of law. As a massive hurricane is hurtling toward the southern United States, the White House is focused not on saving lives, but on pardoning a man who committed unlawful acts of racial discrimination.”
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.