Where Joe Arpaio's Lawyers See Case of 'Judicial Housekeeping,' 9th Circuit Judge Sees Extraordinary Request
"It's not fair to say you're forever convicted, but you cannot appeal that," said John "Jack" Wilenchik, counsel for the presidentially pardoned former Arizona sheriff, at a hearing before the Ninth Circuit Wednesday.
October 23, 2019 at 03:44 PM
3 minute read
The original version of this story was published on The Recorder
John "Jack" Wilenchik, the lawyer for former Arizona sheriff Joe Arpaio, on Wednesday asked a federal appellate panel for what he called an act of "judicial housekeeping."
With President Donald Trump pardoning Arpaio in 2017, the federal judge in Phoenix overseeing the criminal contempt of court case against him granted his motion to dismiss his case. But that judge—U.S. District Judge Susan Bolton of the District of Arizona—declined to vacate the court record in the case, finding the president's pardon did "not erase a judgment of conviction, or its underlying legal and factual findings."
Wilenchik on Wednesday told a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit that Bolton had erred, and that his client's presidential pardon should have triggered an "automatic" vacatur of the district court orders in the case.
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