On Thursday, a federal judge in Phoenix ruled that Joe Arpaio is still legally guilty of criminal contempt of court despite the Aug. 25 pardon from President Trump. Arpaio's lawyers and the Justice Department had asked U.S. District Judge Susan Bolton to vacate her July 31 guilty verdict, to wipe his record clean and prevent the conviction from being used against him in other litigation. She refused. Arpaio had been scheduled to be sentenced on Oct. 5
"The power to pardon is an executive prerogative of mercy, not of judicial recordkeeping," Bolton wrote in her 4-page ruling, quoting a 1990 appeals court ruling. "To vacate all rulings in this case would run afoul of this important distinction. The court found defendant guilty of criminal contempt. The president issued the pardon. Defendant accepted. The pardon undoubtedly spared defendant from any punishment that might otherwise have been imposed. It did not, however, 'revise the historical facts' of this case."
Arpaio's lawyers immediately filed an appeal with the 9th Circuit Court of Appeals. Arpaio, 85, was sheriff of Maricopa County, Arizona, for 24 years before being voted out last year. He is an immigration hardliner and significant Trump supporter. After his pardon, Arpaio suggested that he might get back into politics.