FSFP Joins Protect Democracy to Urge Ninth Circuit to Appoint Private Attorney to Appeal Unprecedented Arpaio Pardon

Free Speech for People joined Protect Democracy, the MacArthur Justice Center, and the Coalition to Protect, Preserve and Defend in filing a brief urging the Ninth Circuit to appoint a private attorney, as provided for by the Federal Rules of Criminal Procedure, to ensure that the U.S. Court of Appeals receives adequate briefing on the constitutional issues at stake in President Trump’s pardon of Sheriff Arpaio. The brief highlights the need to appoint a private attorney to preserve the integrity of the Judicial System by taking up the prosecution of Arpaio’s criminal contempt by filing a cross-appeal and opposing Arpaio’s motion to vacate his conviction.

Read the brief here.

The filing explains that Trump’s pardon of Arpaio challenges the very heart of the judiciary’s power to use criminal contempt to enforce judicial orders, especially when they are necessary to protect the constitutional rights of individuals. Justice requires that Arpaio’s repeated and flagrant refusal to follow the court’s orders must be prosecuted by a private attorney now that the Justice Department has made it clear that it will not intervene. Time is of the essence to ensure that a private attorney may file a cross-appeal prior to the November 20, 2017 deadline.

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