He wants his “get out of jail free” card. So sad, so unfair, the big bad ass lawman can’t handle obeying the law and accepting its consequences, even when the consequences have basically already been waved away.
He’s not a tough guy hard ass, he’s a pussy and a bully.
I think the case that’s still controlling on this is Ex Parte Grossman.
Brief summary for those who don’t know:
Philip Grossman had sold liquor, in violation of Prohibition. The government asked for, and got a temporary injunction from a District Court, prohibiting him from selling liquor. He sold liquor, and was arrested for violating the restraining order, convicted of criminal contempt, and sentenced him to a year in prison and a $1000 fine. President Coolidge commuted the sentence to just the fine. Regardless, Grossman was sent to prison. He filed a writ of habeus corpus. The case went up to the Supreme Court, where the government argued that contempt isn’t an “offense against the United States”, it’s an “offense against the court”, and outside the pardon power. Chief Justice Taft wrote the majority decision.
The court ruled for Grossman. They said that a conviction for contempt was a criminal conviction like any other one, and that the Constitution didn’t put a limit on the pardoning power in regards to contempts.
However, the court also pointed out:
Which suggests that the President can’t pardon for an ongoing contempt, although, of course, the line focuses on the power of contempt to enforce decisions in civil suits.
The Chief Justice also gives the following reminder:
Some of it, of course, is just his all-around shitheadedness, but I wouldn’t be surprised if this has implications for his government-job pension.
My guess is he’s on the shortlist for another government job, but won’t be eligible to serve with a federal conviction on his record.
Judge refuses to clear his record:
I think it’s highly likely that Arpaio will die before his appeals are exhausted and thus have his conviction vacated a la Ken Lay, Aaron Hernandez, etc.
Hurrah for Judge Bolton, although the image of Sheriff Joke and Donny Two-scoops standing together made me throw up in my mouth a little. Even if he hadn’t been pardoned, his term in jail would have only been about six months, so karma doesn’t always come off.
In other news, Arpaio’s infamous tent city is being dismantled. It seems, that has been true for the past several years, the jail population could have been housed within the existing jail buildings* and the outdoor facility was costing the county taxpayers $5-million a year. That’s a lot of green baloney sandwiches.
*The Durango Street facility stood vacant for almost all of Arpaio’s tenure so he could put 'em in tent city instead.
You’d think this guy would take a hint and realize he’s lucky to get a pardon. Dude, you’re 85, just go and enjoy retirement.
Good.
So this is kind of interesting.
After Arpaio’s request to vacate his conviction was upheld, as described above, Arpaio appealed to the U.S. Court of Appeals for the 9th Circuit. The District Court requested that the DoJ assist in defending against the appeal and they - Trump-sucking-shit-weasels that they are - they refused.
After that, a non-profit group, Protect Democracy stepped in. They filed a petition with the 9th Circuit to appoint a private attorney to argue for upholding the ruling that Arpaio’s conviction should not be vacated. The request was granted today. You can read the ruling granting the request at this link -
Rule 42 is available here and it says:
(bolding mine)
I have to say it sounds like a bit of a stretch, since this specifically references prosecuting the trial for contempt, not an appeal of the conviction. The dissenting judge in the appointment makes an argument to that effect. But the main argument that went ahead with the appointment has their citations in order to support the notion that the court which will decide the appeal is entitled to be fully briefed on the governement’s case, even if the governement doesn’t want to make it in person.
This will undoubtedly be appealed in its turn.
I did have to giggle a bit because the dissenting judge repeatedly argued that the special prosecutor was unnecessary, even though the governement wasn’t providing support, because the case law is so clear that a Presidential Pardon doesn’t wipe out or expunge the crime of the pardonee - which is precisely the point that Arpaio is trying to get around (if he even understands it, which is doubtful.)
So the beat goes on.
Because you’d be out for blood (just like me).
I hate that fucker Arpaio. And anyone that voted for him. And anyone that likes him. Anyone that looks like him. Stupid fucker.
“You, there, with the red face. You’re excused!”
“But, your honor–”
“–I said excused!”
“Awww, man…”
When you are wearing the Punisher shirt, want do you expect? 
Does Arpaio’s record create any issues for his Senate campaign?
No legal issues.
The political fallout … I dunno. I’m having difficulty imagining a voter who would have voted for Arpaio before his conviction but is dissuaded now. In other words, Arpaio’s WHOLE record creates issues, but in my opinion the conviction doesn’t tip any scales.
His entire career creates issues, but unfortunately a lot of people don’t care about that. They seem to love authoritarian dictatorial racist assholes.
Up to a point, besides finally noticing how authoritarian, dictatorial and racist he was, he was voted out when a significant number of his supporters finally noticed that he was bad for business, not only for the government business (as with the state losing so much money defending the cad), but for private ones as well (as in business deciding to not open in Arizona due to the racial profiler and the bigoted laws).
Yet a large fraction of his base were creaming their shorts when he dangled a run at governor in front of them, the fools. I keep touring Fountain Hills in hopes of catching him in a crosswalk and having my foot slip off the brake.
I don’t want him to die, I just want him to retire once and for all.