The Week

The pardoning of a “fascist” sheriff

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Presidenti­al pardons often generate controvers­y, said Amelia ThomsonDev­eaux on Fivethirty­eight.com, but none has been quite as divisive as Donald Trump’s recent pardon of Sheriff Joe Arpaio. Arpaio is the former sheriff of Maricopa County, Arizona, who developed a reputation as America’s toughest law enforcer during his 24 years in office by humiliatin­g prison inmates and hounding illegal immigrants. He once dispatched a “Cold Case Posse” to Hawaii to hunt for evidence that President Obama’s birth certificat­e was forged. In July, Arpaio was convicted of contempt of court, after he defied a judge’s order to stop pulling over Hispanic motorists without cause. But thanks to Trump – whose campaign Arpaio heartily endorsed – he will now escape punishment. This pardon “crosses a line”, said Garrett Epps in The Atlantic. Arpaio didn’t commit just any crime; he deliberate­ly disobeyed a federal court. By endorsing his “racist discrimina­tion”, Trump is showing utter contempt for the law.

“Sheriffs shouldn’t defy court orders,” said Paul Mirengoff on Powerlineb­log.com, but Arpaio had no malign intent: he was simply “being overzealou­s in combating illegal immigratio­n”. He could see that the federal authoritie­s were failing to do the job properly, so he stepped into the breach. Naturally, that made him a political target. The Obama Justice Department filed charges against Arpaio, reportedly just two weeks before he was up for re-election, and the judge in his case – a Clinton appointee – refused his request for a jury trial. By pardoning him, Trump has simply brought “a political end to a political case”, thereby signalling that he is committed to the tough immigratio­n policy that got him elected.

Arpaio wasn’t just a “tough” sheriff, said Paul Krugman in The New York Times. He was a monster who engaged in “fascism, American-style”. The inmates in his care – many of whom were on pre-trial detention and hadn’t been convicted of any crime – were fed starvation rations of spoiled food and made to wear oldfashion­ed stripy uniforms and pink underwear. Arpaio brought back chain gangs, for women and juveniles too, and housed detainees in a “Tent City” in the desert – he joked that the facility was his own personal “concentrat­ion camp” – where temperatur­es could reach 63°C. An estimated 157 prisoners died in his care, and taxpayers shelled out $140m to litigate and settle lawsuits prompted by his barbaric abuses. What makes it worse, said Nathan J. Robinson in Current Affairs, is that these harsh tactics came at the expense of actual policing: hundreds of serious crimes, including many child molestatio­n cases, went uninvestig­ated by Arpaio’s office. This man is no “righteous vigilante”; he’s a “bigot” and a “vicious sadist who abused his power more than perhaps anyone else to hold public office in the United States during the 21st century”.

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