Why Trump’s Arpaio pardon is indefensible
Every civics class given during my generation taught there are three branches of the federal government: Congress, the judiciary and the executive.
Much media attention has been given to the “political” ramifications of Donald Trump’s pardon of former Maricopa County Sheriff Joe Arpaio, convicted of criminal contempt (“A president who falls short again,” Our View, Aug. 29). However, it seems no one in the media has come to grips with the fundamental assault on the separation of powers principle embodied in our Constitution that Arpaio’s pardon represents.
Arpaio was not convicted of a crime,
like murder or robbery or theft. Arpaio was convicted of “contempt of court” — a wholly different animal. Contempt of a federal court’s order means that Arpaio willfully violated the lawful order of an Arizona federal district judge.
In pardoning Arpaio, Trump has done far more damage than merely helping a powerful political supporter. As a law enforcement officer, Arpaio acted as an adjunct of the judicial system. Arpaio’s job was to uphold the law as established by the Congress and the judiciary. Trump’s pardon of Arpaio’s contempt of court conviction is nothing short of an act of executive contempt for the judicial branch. In my professional lifetime, I have never heard of any pardon of a contempt of court conviction (there may be some, but I have not done extensive research). Such a pardon flies in the face of the fundamental separation of powers principle.
Political allies of Trump must now feel emboldened to openly violate federal laws and the orders of the federal judiciary knowing they may well get a Trump “get-out-of-jail-free” card if convicted. This is an appalling, ignorant act of arrogance and disrespect for the only branch of government that has, thus far, served as a check on Trump’s abuse of executive powers.
A feckless Congress has shown no sign that it intends to act as a check on the abuse of executive power. This pardon, therefore, sets a precedent for more constitutionally damaging Trump pardons in the future. It says to all the Russian spies and their accomplices, “Don’t worry, Trump has you covered if convicted.” It minimizes the judicial branch in a way never seen from any president before. It is an unprecedented, unpardonable and unbelievable invitation to all those who would violate the law in support of Trump’s nationalist, racist agenda.
David J. Berardinelli has practiced law in Santa Fe and the state of New Mexico and in numerous other states, for more than 40 years.