Saturday, August 26, 2017

The real problem with Trump giving Sheriff Joe a pardon

Here is a selection of some of the reactions to the decision by the Liar-in-Chief to pardon former Maricopa County Sheriff Joe Arpaio:

"Pardoning Joe Arpaio is a slap in the face to the people of Maricopa County, especially the Latino community and those he victimized as he systematically and illegally violated their civil rights. Sheriff Joe Arpaio targeted and terrorized Latino families because of the color of their skin. He was ordered by a federal judge to stop and he refused. He received a fair trial and a justifiable conviction, and there’s nothing the President can do to change that awful legacy and the stain he has left on our community. This is not a proud day for Phoenix." — Phoenix Mayor Greg Stanton

“By pardoning Sheriff Joe Arpaio, Donald Trump has blessed his racist and unconstitutional police practices. This is unconscionable and unworthy of the White House. Donald Trump is a coward for releasing this news on a Friday when the nation's attention is rightly focused on Hurricane Harvey and the people who are in its path.”     — U.S. Rep. Ruben Gallego, D-Ariz.

"Sheriff Joe Arpaio is unquestionably the Bull Connor of this century. By pardoning him, President Trump has proven, again, he has no regard for people of color and is willing to endorse egregious policies that grossly violate human rights and the conscience of America."  — Clara Long, senior researcher, US Program, Human Rights Watch

"The community won in court. If there was ever any doubt that president Trump is a racist, with this pardon he clears up any doubt. He stands with racists, white supremacists and the violation of civil rights." — Latino activist Lydia Guzman

“With his pardon of Arpaio, Trump has chosen lawlessness over justice, division over unity, hurt over healing. Once again, the president has acted in support of illegal, failed immigration enforcement practices that target people of color and have been struck down by the courts. His pardon of Arpaio is a presidential endorsement of racism."  — ACLU Deputy Legal Director Cecillia Wang

While the decision to pardon Sheriff Joe is definitely evidence that 45 supports the racism inherent in how Arpaio conducted law enforcement while he was the sheriff, there is a larger issue here.  Racism is wrong, problematic and all of that, but what Donald Trump is doing here is showing his utter contempt and disregard for the system of Checks and Balances inherent in the doctrine of the Separation of Powers created by our Founding Fathers in establishing our federal government.

The Trumperor has demonstrated his disdain of the judiciary before.  His comments about the judges who have ruled against him in court since he moved into his role as Liar-In-Chief.  His comments about the judge who was hearing the case against Trump University.

The transgressions of Sheriff Joe are well known.  The 63 page memo known as the Munnell Memo are interesting reading.  Arpaio's intransigence in opposing any investigation into what he and his minions were doing is also well known.

FWIW, Federalist Paper #74 contains this text regarding the pardoning power of a president:

He is also to be authorized to grant "reprieves and pardons for offenses against the United States, EXCEPT IN CASES OF IMPEACHMENT.''

There are pundits claiming that this pardon may be the beginning of a constitutional crisis.  If we cannot rely on the nation's chief executive to respect the interpretation of the rule of law by the judiciary, we no longer have that rule of law.