Pardon me, Mr. Arpaio, but I think you actually lost

[Platapus]

Trump's pardoning of Arpaio is, in my opinion, another indicator of Trump's inability to think strategically.

I think Trump thought he was helping Arpaio, but he may have ended up hurting him. I am surprised that Arpaio's lawyers advised Arpaio to accept the pardon.

Arpaio was convicted of a misdemeanor. If he got sentenced (the case was still under appeal), there was an overwhelming chance that Arpaio would not serve a single day in jail but he would have a misdemeanor on his record.

End Result: No Jail, but conviction still on record.

With Trump pardoning him, Arpaio does not spend a single day in jail but still has a misdemeanor on his record. A pardon forgives the crime but does not erase the crime. Only the courts can expunge a criminal record.

End Result: No Jail, but conviction still on record.

So what did this pardon accomplish?

It made Trump's dwindling fan base happy, but at the expense of further alienating the moderates and independents. Overall, I would consider this a loss for the Trump administration. It certainly is a loss for Arpaio.

Since Trump's pardon offer and Arpaio's acceptance happened before Arpaio's appeals were done, it makes his case moot and thereby stops Arpaio's appeals which could have resulted in the case being dismissed. With the pardon, the case can no longer be dismissed by appeal and the conviction still remains.. but is forgiven by the pardon. This is not working in Arpaio's favor.

One can't appeal the conviction of an offense that was pardoned.

Arpaio is trying to get the court to vacate the conviction, but the acceptance of a pardon implies acceptance of guilt. Burdick v. United States, 236 U.S. 79 (1915)

A pardon "carries an imputation of guilt; acceptance a confession of it."

It is kinda hard to convince a court to vacate a conviction when you admit guilt to what you were convicted of.

Also because Arpaio accepted his guilt for the crime, this pardon can be used as strong evidence in any civil suit that may be levied against Arpaio.
It is kinda hard to defend yourself in a civil suit when you have essentially admitted to not only doing the activity, but admit that what you were doing was illegal. The attorney representing the plaintiff would refer to this as "evidence".

I don't think that much thought went in to this and very little discussion between the Trump administration and Arpaio's lawyers. Trump should have waited until after Arpaio's appeals were completed and then decided whether to pardon or not. Accepting a pardon is not always the best idea.

Recap of the effects of this pardon

1. Arpaio does not serve any time in jail. It was most unlikely he would have in any case

2. Arpaio still has the conviction on his record.

3. Arpaio loses any further right for appealing the conviction as the case is legally moot.

4. It will be hard to support a case for vacating the conviction once you accept guilt. Courts are also reluctant to vacate contempt convictions.

5. By accepting this pardon, Arpaio opened himself up to almost guaranteeing that any civil suit levied against him on matters concerning his actions will not be decided in his favour.

So on the plus side?

It made Trump look good in the eyes of his supporters, but probably did not win him any more supporters.

This pardon accomplished little but further annoying the demographic that the GOP can not afford to annoy -- independent moderates.



Mr. Arpaio,

Here is an image of the bus you were just thrown under.