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Federal judge dismisses challenge to Trump's pardon of ex-sheriff Arpaio

By Ray Downs
A federal judge on Wednesday approved President Donald Trump's pardon of former Arizona sheriff Joe Arpaio, who was found guilty of criminal contempt and stepped down as sheriff. File Photo by Kevin Dietsch/UPI
A federal judge on Wednesday approved President Donald Trump's pardon of former Arizona sheriff Joe Arpaio, who was found guilty of criminal contempt and stepped down as sheriff. File Photo by Kevin Dietsch/UPI | License Photo

Oct. 4 (UPI) -- A U.S. federal judge dismissed Wednesday a lawsuit filed by the American Civil Liberties Union and several other civil rights groups that argued President Donald Trump's pardon of former Arizona sheriff Joe Arpaio was unconstitutional.

U.S. District Judge Susan Bolton dismissed the case against the pardon with prejudice, meaning the plaintiffs cannot refile.

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Arpaio had been found guilty of criminal contempt in a court case involving his part in racial profiling of Latin immigrants in Maricopa County, Ariz. Trump issued a pardon for the 85-year-old ex-sheriff in August.

In a 14-page ruling, Bolton said she found no legal grounds to deny the presidential pardon.

Bolton was the judge who originally found Arpaio guilty of criminal contempt for refusing to obey another judge's orders to stop profiling undocumented migrants in Maricopa County.

Arpaio did not attend the Wednesday hearing, but commented on the ruling to the Arizona Republic.

"I'm happy the conviction was dismissed, especially since I am not guilty and I will be addressing that issue in the near future," he said.

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After Trump's pardon, the ACLU criticized the move, calling it a "presidential endorsement of racism" before filing its lawsuit.

"With his pardon of Arpaio, Trump has chosen lawlessness over justice, division over unity, hurt over healing," said ACLU Deputy Legal Director Cecillia Wang. "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."

House Democrats filed an amicus brief last month urging Bolton to deny the pardon.

"The pardon here is an intentional usurpation of the court's authority by the president," the letter stated. "President Trump does not pretend that his pardon of the defendant is based upon the considerations of grace that usually justify the exercise of the pardon power."

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