Legal challenge to Arapaio pardon begins - Jennifer Rubin, Washington Post, August 30
President Trump invoked his broad constitutional power to pardon Americans with a somewhat unprecedented pardon of Maricopa Sheriff Joe Arapaio on August 25th as Hurricane Harvey made landfall in Texas. The visual above reflects the idea that Arapaio was a justifiably tough law figure that was simply "doing his job" as Trump said at an rally in Phoenix earlier in the week. However, no other president has used the powerful pardon power to help a public official held in contempt of court for violating the constitutional rights of random US citizens. A public interest group called Project Democracy is challenging the constitutionality of the pardon on the grounds that it violates the 5th Amendment's Due Process Clause as well as the 14th Amendment's Equal Protection Clause. The group claims that Trump cannot "obviate the court's powers to enforce its orders when the constitutional rights of others are at stake." Last, many observers suspect that the pardon of Arapaio is actually a message to anyone related to the FBI probe of Trump associates and their connections to Russia. Anyone under investigation as part of former FBI Director Robert Mueller's probe might resist any inquiries with the knowledge that Trump will use the executive branch's immense power to pardon on anyone that faces actual charges in the future. Hearings are schedules and the courts will weigh in, though an overturn of a pardon would be unprecedented to the nth degree.
Respond to one of the following:
1. In light of recent talk of "fixing DACA" and protecting dreamers, how does the Arapaio pardon relate to Trump's general narrative and his specific issues with immigration?
2. What is the most controversial pardon in US history (Nixon, Rich, Patty Hearst, Draft Dodgers, Confederate Soldiers, Chelsea Manning - her sentence was actually commuted, others...)?
3. Obvious question - do you think the pardon was reasonable? Why or why not?
The pardon of Arapaio further illustrates Trump's unwillingness to recognize immigrants as people. The Fifth Amendment does not specify whether a person must be a citizen to receive due process of the law. Arapaio had no right to violate the rights of suspected illegal immigrants. By pardoning Arapaio, Trump is condoning his actions and ignoring the inalienable rights of all people. In terms of DACA, this development does not propose good news, but the widely outspoken supporters of DACA might be able to sway opinion, at least enough to make officials wary of revoking it.
ReplyDeleteSara Viskanta
I do not think that the pardon was reasonable. Arapaio was clearly not just "doing his job" as Trump said, but rather abusing his power to discriminate and violate the rights of Latinos. Trump's narrative of being racist towards Latinos and focusing heavily on immigration reform are furthered by the pardoning of Arapaio. Some may view the pardon from a discrimination point of view, where Trump is trying to get as many Latinos out of the country as possible and other may view it as Trump truly believing Arapaio was innocent and just doing his job.
ReplyDeleteTrump's pardoning of Arapaio is not reasonable due to Arapaio's violation of the constitutional rights of the Latino inmates. They are protected under the 5th Amendment, something that Trump clearly does not recognize, which further demonstrates Trump's inability or unwillingness to know basic parts of the constitution. Arapaio's pardoning is likely fueled by Trump's anti-immigrant sentiment, since his position on immigration was one of the forefronts of his campaign, and he may have also made the decision as a way of keeping his base of supporters loyal to him.
ReplyDeleteDonald Trump has adopted a typical Republican approach to the legal debate on immigrants. He has put himself on the side of the law, basically standing for a stop to constitutional perversion in the eyes of his supporters. Trump must have known the backlash he would receive by pardoning Arpaio for a unanimously unlawful action. By doing so, and establishing a precedent in the process, Trump is creating a stronger modern legal basis for treating undocumented immigrants as less than human. If people who demean immigrants are acting lawfully, and therefore patriotically, then Trump is doing the right thing in purging the United States of others who came into the country illegally. Trump's perspective is shortsighted and based solely on a fraction of his party's support. Nevertheless, he is satisfying self-declared patriots by using his own executive power and ignoring the humanity of the people he seeks to neglect and deport.
ReplyDeleteThe pardon of Arapaio further perpetuates Trump’s narrative and stance on immigration, which is not good news for those protected under DACA. His overt challenge of the courts illuminates his opinion of immigration as he deems Arapaio’s infringement upon illegal immigrants and their rights acceptable. The fact that this action is a direct violation of the Fifth Amendment reaffirms Trump’s character as well as his reputation for disregarding institutions and abusing his power, which indicates that he would not defend the dreamers.
ReplyDeleteTrump's pardon is a violation of people's rights and seems very unreasonable, however it should be expected as a result of the vision he sold to his voters. Millions of people voted for the president, some likely under the assumption that he would follow through on his stance on immigrants. As a result, for political reasons, president Trump is under heavy pressure to follow on his earlier statements and will likely continue his narrative regarding immigrants. The pardoning seems to be more symbolic, a method of satisfying the voters that backed his campaign.
ReplyDeleteThe pardon is unreasonable because Trump pardoned Arapaio even though he violated constitutional rights. The constitution is a set of rules that applies to every citizen regardless of race, age, and gender, which should be valued. If Trump claims to pardon anyone for his best interests, then there is no point and it should be overruled.
ReplyDeleteTrump's pardon is unreasonable because Arapaio clearly violated constitutional rights, specifically the Fifth Amendment which guarantees all persons the due process of law. Conversely, Trump and other relatively conservative Republicans may view this pardon as acceptable because it reaffirms their limited stance on immigration. By invoking his broad constitutional power and challenging the courts in order to follow through with what he promised the people in his campaign, Trump is directly sending the message that he will not defend those protected under DACA.
ReplyDeleteClare Lei
In an attempt to evade the law, Donald Trump has pardoned Arapaio and displayed that his beliefs on immigration are stern and serious. In doing anything he could or even couldn't legally do, Trump has shown that the message he carried since the beginning of his campaign is legitimate and for those under DACA, there really is not much hope. Many believed that Trump's harsh talk of immigration was simply a tactic to gain office an exaggeration of what he could do once he got in office. But by potentially illegally pardoning Arapaio, Trump has shown that he has no mercy for Latino immigrants and that DACA will likely not stay in existence for much longer.
ReplyDeleteTrumps pardon of Arapaio is unreasonable because Arapaio violated constitutional rights. Everyone should be treated equally under these rights and it is unfair to others. This shows Trump is abusing his power and how he clearly ignored parts of the constitution.
ReplyDelete-ariana b
Trump's pardon of Arapaio is just another step in his plans to cut down on immigration and along with talk of "fixing DACA" have helped spread a message across America. While he has yet to go to extremes, Trump's message has been fairly consistent since the beginning of his presidency and even before. By pardoning Arapaio and repealing DACA, Trump has shown that he means to follow through on his campaign promises of cutting down on immigration and getting rid of illegal immigrants even if it means violating constitutional rights like the 5th Amendment. What's next?
ReplyDelete- Eli Haas
I think Trump's pardon of Arapaio was not reasonable because of its apparent violation of constitutional rights. Arapaio was abusing his power and taking advantage of the inmates. This pardon causes concern because it creates the fear that even if someone violates the constitution and the court orders them to abide by the law, they can get away with what they did unscathed. That being said, the pardon is in line with Trump's actions and is not that surprising after some of the things he has done so far.
ReplyDeleteArapaio not only violated people's rights but also the law after the court ordered him to stop singling out people based on ethnicity. As Trump wants to argue Arapaio was "doing his job" this doesn't serve justice to the those victimized and detained without charges, truly a violation of the Fifth amendment. Pardoning this behavior is unconstitutional and Trump has set an example of the future to come for DACA recipients. In Trump's eye, there is no sympathy for the Dreamers and he will not defend him with the clear siding he took with Arapaho's racist behavior.
ReplyDeleteThe pardon of Arapaio was unreasonable regardless of whether people believe that Arapaio is innocent. Trump did not allow the judicial system to run its course as the court did not even sentence him. Even legal experts believe it was an unconstitutional pardon and Trump exceeded his authority by making a legal determination that ran counter to the courts. Trump's action was preemptive and undermined the system of checks and balances.
ReplyDeleteThe Arapaio pardon relates to Trump's general narrative as it indirectly shows Trump's motives as he is condoning the Arapaio's actions. His actions were racially discriminating and Arapaio singled out on Latinos, assuming they were entering the country illegally. Trump's general ideals are highlighted through this pardon and he is stepping into legal, but unwanted, territory when it comes to exercising his powers as president.Trump is trying to compromise with political and public unrest with DACA, however, this pardon has exposed his pristine views on immigration, without being influenced by the public and media.
ReplyDeleteTrump's pardon of Arapaio, while ethically unconscionable, seems legal. To say it violates the Fifth Amendment by obviating others' due process is beyond a convoluted argument. For the pardon to violate the constitutional rights of others, Arapaio would have to commit further acts after his pardon against Latinos. Since the pardon is for acts in the past, which have been adjudicated, the pardon is legal, and does not (yet) infringe upon the rights of others. That being said, the pardon of Arapaio borders on the outrageous and unreasonable. Nonetheless, Presidential pardons since the formations of this country have been outrageous and unreasonable. The very power to pardon is given with great care to the President as a tool to do the outrageous if the President feels it necessary. Just look to the Founding Fathers to see this outrage - George Washington pardoned two people found guilty of treason (Philip Vigol and John Mitchell) and saved them from the hangman's noose. At the time, the Whiskey Rebellion could have toppled the newly formed US government, yet Washington showed mercy.
ReplyDelete-Juliet Adelman
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ReplyDeleteTrump's pardon seems to be an extension of his personal vendetta against immigration. It also illustrates how he is using his power as president and it isn't all for good. Controversy is always going to be a thing in democracy, There is always about half a country that doesn't love whats going on in office and how that person in office uses the power provided. Even George Washington pardoned two distillers for acts of treason. I think it is unjust to immigrants that Trump pardoned Arapaio.
ReplyDeleteTrumps pardon is most definitely unconstitutional and morally unjust. This is just another act for Trump in order to further his hatred for immigration, and is another form of Trump again not understanding the scope to his authority and overstepping his boundaries.
ReplyDeleteArpaio's pardon only shows the blatant abuse Trump is using. By violating the the Constitution, Trump shows that he is keeping his campaign promises on immigration, which is also is demonstrated in his recent decision to end the DACA program. Overall, the unjust decision to pardon Arpaio only further illustrates Trump's inability to comprehend America's government system of checks and balances since he believes he has unlimited power.
ReplyDeleteWhile I completely agree that Trump's pardon of former Sheriff Joe Arpaio is morally unjust, I do not believe it is unconstitutional. Article 2, Section 2, Clause 1 of the constitution explicitly empowers the president with the power "to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment". Is Trump currently being impeached? No (well not yet), so therefore, his pardon of Arpaio is just an exercise of his enumerated power. There is of course the argument that his pardon violates the 5th Amendment's guarantee of neutral judicial process. Although I personally believe this particular pardon should be stopped in the sake of preventing tyrannical rule, I would be interested to see what the court rules, as such controversy and speculation in regards to a president's pardon is unprecedented and no limit to this presidential power has been thus far established.
ReplyDeleteThe pardon of Joe Arpaio, shows the abuse of power he has and morally empty. Though legal, it demonstrates his lack of ethical background as well as highly unreasonable. This poses threat to democracy and highlighting racial discrimination. In terms of the DACA program, it won't be a pleasing news for its threat of existence. His action was unconstitutional and threats the remaining receivers of the DACA program.
ReplyDelete1. Trump has wanted to remove the DREAMer Act and has made that very clear in his campaigning. Once president, he completed that immediately. Thus, this pardon follows through with his original beliefs because the DREAMer Act allows children of illegal immigrants a pardon for education, but by removing that, Trump is making it clear exactly how against immigration he is. Additionally by pardoning Arapaio, a man who violated immigrants' constitutional rights, Trump continues to show that he is tolerant of those who mistreat immigrants. Overall, this pardon reveals that Trump still has beliefs against immigration because he supports someone who treats them poorly.
ReplyDeleteArapaio's pardon reflects how unsuited Trump is to be president of the United States. Not only does this show how unparalleled Trump works with the law but it moralizes a bigger problem, and that is Trump does not care about racism or minority rights. It takes very little research on Arapaio to understand the scumbag he is.
ReplyDeleteArapaio's pardon displays Trump abusing his power in office. Trump is stretching his powers due to the fact that he knows very little about the constitution and it goes to show his inability to successfully hold office. Remarks with comical intentions like saying that Arapaio was "doing his job" further reflects Trump's opinions on Latinos and their culture. In my opinion, the pardon was unreasonable because it is clear that both Trump and Arapaio discriminate against and assume certain things about Latinos.
ReplyDelete-Savaun
The act of Trump pardoning Arapaio is a reflection of his view of immigration. Trump's decision is not only unconstitutional, it also is unethical by disregarding minority rights. Overall, this is another demonstration of Trump abusing his power in office, and lacking the morality to protect the greater good of the people.
ReplyDeleteThe pardon of Joe Arpaio, shows the abuse of power he has and morally empty. Though legal, it demonstrates his lack of ethical background as well as highly unreasonable. . It also illustrates how he is using his power as president and it isn't all for good. Controversy is always going to be a thing in democracy. However, Arapaio was abusing his power and taking advantage of the inmates.
ReplyDeleteJoe Apario's pardon is an absolute reflection of how Donald Trump shows zero interest in issues concerning minorities, and immigrants. Apario's acts were unconstitutional, and thus he should have not been pardoned. Trump is incapable of handing his power while showing empathy for others.
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