A district court judge is considering requests that she deny former Arizona Sheriff Joe Arpaio's motion to toss out his conviction — even though President Donald Trump has issued a full pardon, LawNewz.com reported.
In an opinion piece for the law news site, George Washington University law school professor John Banzhaf wrote if District Court Judge Susan Bolton ultimately denies Arpaio's motion, it would appear to "a new jurisprudence called 'Trumplaw' aimed uniquely at this president."
According to Banzhaf, "Trumplaw" is "a method of judging cases which is aimed specifically at countering some of the practices of President Trump, even if this development means creating new legal principles and/or overlooking (or at least minimizing) other established ones."
"Many may regard this as poetic justice for a runaway president, but it is not the way law is supposed to work," Banzhaf wrote.
In papers filed last week, it was argued Trump "can't use the pardon power to immunize lawless officials from consequences for violating people's constitutional rights," Banzhaf wrote.
Arpaio's lawyers say, however, the presidential pardon "moots the case" and "warrants an automata 'vacatur' of all opinions, judgments, and verdicts related to the criminal charge."
The Justice Department supports Arpaio's attempt to have his conviction tossed.
Bolton has directed both Arpaio and the Justice Department to file briefs on the legal issue of whether she should grant his motion.
"There may be little that Trump can do – short of an ultimate appeal to the U.S. Supreme Court where he may find a more sympathetic audience – if judges including Bolton decide that stopping some of what they may regard as his outrageous actions requires some obstruction – or at least manipulation – of justice," Banzhaf wrote.
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