Today, Free Speech for People joined Protect Democracy; the MacArthur Justice Center; and the Coalition to Protect, Preserve and Defend in filing a brief urging U.S. District Court Judge Susan Bolton to take action to allow for an appeal to the U.S. Court of Appeals for the Ninth Circuit of the novel constitutional issues raised by President Trump’s pardon of Sheriff Arpaio. In particular, the brief requests that Judge Bolton appoint a private attorney, as provided for by the Federal Rules of Criminal Procedure, who will pursue an appeal in this matter.
Read the brief here.
The filing explains that the judiciary’s power to use criminal contempt to enforce court orders is of critical significance to the entire federal judiciary, and so the appeals courts should have an opportunity to weigh in on the constitutionality of the pardon. It also explains that Rule 42 of the Federal Rules of Criminal Procedure requires appointment of a private attorney when, as here, the Justice Department has declined to pursue a criminal contempt charge.