Tuesday, August 29, 2017

CONSERVATIVE WALL STREET JOURNAL ON ARPAIO PARDON


The Wall Street Journal is one of the most trusted newspapers in America.  Surveys show that (along with the Economist magazine) it is a publication highly regarded by both liberals and conservtives.  It is basically a conservative, big business, Republican newspaper that supports conservative economics, free markets,   free trade, etc.  They tend to be less conservative with regard to America's culture wars. However, they call out both the left and right.  They called out Obama and are calling out Trump. They make a real effort to discuss both sides.  I subscribe to it to helped get a balanced view.  Especially, if you are a conservative, I strongly suggest you subscribe.  Get out of the echo chamber and consult a rational, open minded conservative news source. If  you are trying to be open-minded and see a balanced picture, no matter what your leanings, I suggest you subscribe.  WSJ editorial below

 “Candidate Donald Trump promised to abide by the rule of law that took a beating under the Obama Administration, and that theme may have helped him win the election. President Trump’s pardon late Friday of deposed Maricopa County Sheriff Joe Arpaio undermines that promise and further politicizes the law.

The 85-year-old Mr. Arpaio became a hero of many conservatives with his brazen style and tactics targeting illegal immigrants. His aggressive enforcement drew a lawsuit and court injunction, culminating in a contempt conviction last month. While Mr. Trump praised Mr. Arpaio’s long career of public service, that hardly justifies the sheriff’s defiance of the law he swore to uphold.

In 2008 the American Civil Liberties Union sued the sheriff’s office for racially profiling Latinos during traffic and saturation patrols. After several years of litigation, federal Judge Murray Snow ordered the sheriff’s office to stop detaining individuals who had not committed a state crime merely based on the suspicion that they are in the country illegally.

Two years later the judge found officers had violated his preliminary injunction and ordered anti-bias training, a court-appointed monitor and patrol cameras, among other remedies. In 2016 Mr. Arpaio was held in civil contempt for flouting the judge’s orders. He was also reprimanded for withholding video evidence.

Then last August Judge Snow referred Mr. Arpaio to the Justice Department for criminal contempt proceedings. In his defense, Mr. Arpaio argued that the court orders were unclear to him or officers. Because his violations were supposedly unintentional, he said criminal charges were unwarranted.

It’s true there was some confusion as to what officers were allowed to do under state and federal law. A 2010 state law required officers to check the immigration status of individuals during a “lawful stop, detention or arrest” when there’s probable cause they’re in the country illegally. Federal judge Susan Bolton blocked the state law in 2010, but the Supreme Court in 2012 upheld a central provision obligating officers to check individuals’ immigration status.

In any case, the legal uncertainty doesn’t gainsay Judge Snow’s charge that Mr. Arpaio lied to him and judicially appointed monitors. Hence the criminal contempt citation, which Judge Snow said was needed “to vindicate the Court’s authority by punishing the intentional disregard for that authority.” Criminal contempt is the only way to hold government officials personally responsible for violating court orders.

Mr. Arpaio may be right that the Obama Justice Department relished his prosecution, and some evidence presented at the trial was irrelevant to the case. But Judge Bolton considered the merits and, based on the evidence, determined that Mr. Arpaio had demonstrated a “flagrant disregard” for the law.

Mr. Trump’s power to pardon is undeniable, but pardoning Mr. Arpaio sends a message that law enforcers can ignore court orders and get away with it. All you need is a political ally in the White House or Governor’s mansion. Down that road lies anarchy. Attorney General Jeff Sessions understands this, which is why he reportedly urged the President to let the judicial process play out. Mr. Trump short-circuited the courts by pardoning Mr. Arpaio before he was sentenced or granted an appeal.

Some of our friends on the right say Mr. Trump’s liberal critics had no problem dismissing Congress’s contempt citations against former Attorney General Eric Holder and IRS official Lois Lerner as political. The left also supported the commutation of Bradley Manning, who leaked military intelligence.

All true and deplorable, but since when does liberal hypocrisy justify conservative disdain for the law? [Rather than address the issues of  our CURRENT President, Trump defenders try to turn the conversation to Obama or Hillary.  Start being logical and open minded] Mr. Trump should be setting a better standard than imitating Barack Obama, but polarized politics is leading America to a bad place where policy agreement or political support makes right. You pardon your lawbreakers and we’ll pardon ours.

Mr. Trump may hope the pardon will energize supporters, but it is also dividing the GOP. Even before the contempt citation, Sheriff Arpaio’s aggressive tactics were becoming unpopular, and in November he was defeated by 13 points. Mr. Trump’s disdain for federal judges also isn’t making friends in the federal judiciary that will have to rule on his decisions in the coming years. The Arpaio pardon is a depressing sign of our hyper-politicized times.

Appeared in the August 28, 2017, print edition. “


 

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