Government & Politics

The Joe Arpaio Pardon

/ Jack Marshall / 110 Comments

To nobody’s surprise, I hope, President Trump  pardoned the former Maricopa County, Arizona sheriff, a hero to many conservatives and anti-illegal immigration proponents (there is no ethical justification for not being anti-illegal immigration), who was facing up to 18 months in jail for criminal contempt of court, for defying a judge who had ordered him to stop profiling Hispanics.

As I wrote earlier, the President had no good ethical options in this situation. It was a binary choice, and whichever choice he made would be arguably unethical in one respect or another. Let me repeat what I wrote about this question just two days ago, before the President acted:

Let’s see:

  • Arpaio did defy a judicial order. Should a law enforcement official be treated especially harshly when he does this?

Yes.

  • The judicial order related to Arpaio’s practice of assuming that individuals of Hispanic descent were more likely to be violating the immigration laws in his jurisdiction than other citizens. Since his jurisdiction was rife with Hispanic illegals, was this an unreasonable assumption on his part? No. Was it still discriminatory? Sure. Is the balance between profiling, which in such situations is a valuable law-enforcement tool, and the importance of equal treatment under the law a difficult one legally and ethically? Yes. Does a sheriff have the right and authority to ignore the way this balance is decided one legal authorities define it?

No.

  • Is the determination of this balance often polluted by ideological biases, in this case, against enforcement of immigration laws?

Yes.

  • Do Donald Trump, and his supporters, and those Americans who may not be his supporters but who agree that allowing foreign citizens to breach our borders at will without legal penalties is certifiably insane, believe that Arpaio’s position on illegal immigration is essentially correct and just?

Yes.

  • Nonetheless, did his ham-handed methods give ammunition to open-borders, pro-illegal immigration, race-baiting activists like the one who told the New York Times,

“Trump is delivering a slap in the face to dignified, hard-working people whose lives were ripped apart by Arpaio. Arpaio belongs in jail, getting a taste of his own medicine. Trump wants to put Arpaio above the law, showing they are both about white supremacy.”

Yes.

  • Is sending Arpaio to jail a political imprisonment?

Yes, although he made it easy to justify on non-political grounds.

  • Are political prisoners the ideal objects of Presidential pardons?

Yes.

  • Would pardoning him send dangerous messages (it’s OK to violate judicial orders you think are wrong; the ends justifies the means; Presidents should meddle in local law enforcement, “extremism in defense of liberty is no vice”) as well as defensible ones ( judges and elected official enabling illegal immigration are a threat to the rule of law; Joe is an old man with a long record of public service who deserves mercy even though he was wrong…)

Yes.

  • Will such a pardon, especially as the news media is again spinning to make the case that Trump is sympathetic with xenophobes and white nationalists, further inflame an overly emotional debate that needs to be calmed, not exacerbated?

God, yes.

  • Is the most responsible course for Trump to stay out of this mess?

YES!

  • Will he?

Of course not.

Sure enough, Democrats, Trump-haters like Senator John McCain and my echo-chamber Facebook friends are denouncing the pardon as if the President had loosed Hannibal Lector on the world. In doing so, they really look ridiculous,  and might as well be wearing  “I hate Donald Trump and will scream bloody murder no matter what he does” in neon on their heads. Especially for Democrats, who have argued that non-violent criminals shouldn’t be imprisoned at all when they are young and black, the argument that an 85 year old man’s under-two year maximum sentence is an outrageous object of Presidential mercy and grace—that’s what a pardon is, you know–is the height of partisan hypocrisy.

The fact that Arpaio is 85 alone justifies a pardon by the standards Presidents have used since the beginning of the office. That his sentence is relatively short—many, many prisoners with far longer sentences have been pardoned by Trump’s predecessors–makes the pardon, if ill-considered, also de minimus, especially since there is no chance, literally none, that the old man, now out of office and retired, will have an opportunity to repeat the crime he was convicted of committing. A pardon is an act of grace by which an offender is released from the consequences of his offense, according to the U.S. Justice Department’s website. It does not say that the offender was not guilty, or that the law that was violated can be breached at will.  In 2013, President Obama pardoned Willie Shaw Jr., who was sentenced in August 1974 to 15 years in prison for armed bank robbery. Armed bank robbery is a lot more serious an offense than criminal contempt, but nobody argued that Obama’s pardon “demonstrates flagrant disregard for the rule of law in this country,” not even the most virulent anti-Obama Republicans. But that’s what Senator Diane Feinstein said Trump’s pardon of Arpaio was:

“Sheriff Joe Arpaio should not have been pardoned. He brazenly denied a federal judge’s court order to stop racial profiling and continued to do so until being convicted of criminal contempt. A pardon for that conduct demonstrates flagrant disregard for the rule of law in this country.”

By that a standard, any pardon is an insult to the rule of law. Does Feinstein endorse the brain-dead view of her fellow California Senator, Kamala Harris, who seemed to argue that criminals shouldn’t be pardoned? I suspect the standard they both embrace is that no conservative law enforcement official should even be pardoned for being over-zealous in enforcing a law that their party disgracefully has tried to have enforced as infrequently as possible.

This is the real hypocrisy of the critics of Trump’s pardon. Feinstein’s state is full of sanctuary cities that intentionally undermine and defy the rule of law, without a peep of protest from its two Democratic Senators. They want Arpaio to be immune from Presidential mercy, unlike the 534 draft- dodgers pardoned by Jimmy Carter, tax fugitive Marc Rich, pardoned by Bill Clinton afters ex-wife made large campaign contributions and donations to the Clinton Presidential Library, gangster union leader Jimmy Hoffa, and all the Confederate citizens and soldiers who took up arms against the United States.  They want him to be metaphorically hung up by his heels to appease their open-border, pr0-illegal immigration base, making the fervor to punish him purely political, and having little to do with respect for the rule of law, which their own position on illegal immigration proves that they don’t respect themselves.

Let me be clear. This isn’t a Rationalization #22 “it isn’t the worst thing” defense of the pardon. It is a “the attacks on this pardon are wildly disproportionate to its reality, and thus transparent political theater” indictment of the pardon’s critics. Almost every pardon can be called a rejection of the “rule of law,” if you don’t understand what the pardon power is, and politicians who have been undermining respect for  the very laws that Arpaio went over-board enforcing are the last people on earth who should make that argument. They are ridiculous in their hypocrisy.

Joe Arpaio was an arrogant, grandstanding bully and thug, and unworthy of his badge. I wouldn’t have pardoned him despite his age, but there were some good reasons for Trump to do so. It was almost worth doing just to prompt Trump’s foes and pro illegal immigration hypocrites into embarrassing themselves.

The larger ethical problem with this pardon is the one focused on by P.S. Ruckman on his Pardon Power Blog. He is correctly troubled by the fact that the usual process for Presidential pardons was not followed (Trump does not even have a pardon attorney on board yet), and that for a political ally like Arpaio to be the President’s first pardon (despite the fact that Obama didn’t pardon his first until well into his second year in office), sends a corrosive message:

Hundreds of persons have applied for clemency and have waited for years, some for 10 or 15. Imagine how demoralized they must feel now. Now, more gasoline will be poured on the classic misconception that clemency is only for famous persons, rich people, political supporters, insiders, the “connected.” It is, of course, a false narrative, but a powerful one. One that defames a wonderful check and balance and, in some instances, discourages politicians from doing anything. They err on the side of caution (they think) by showing mercy to no one, or to as few as possible.

From “The Progressive War On Free Speech” Files, The Unethical Website Of The Month: “Leave Your Dog Poop On Crissy Field”

/ Jack Marshall / 12 Comments

I’d like to take a national poll, a California state poll and a San Francisco poll asking who thinks deliberately littering the site of a planned far-right demonstration with dog shit is an ethical thing to do. I think it would tell us a lot.

Patriot Prayer, a far right group that has held several  “free speech” events in the Pacific Northwest, applied for and was awarded a permit to hold a demonstration today on San Francisco’s Crissy Field.  San Francisco’s officials, being totalitarians at heart and like their increasingly senile but steadily anti-speech member of Congress, Nancy Pelosi, hostile to the concept of free speech, tried to pressure the National Park Service to deny the group a permit. The Service, foolishly hewing to the Constitution, demurred. The city’s police department  planned for a riot.

To foil the demonstrators, an artist named (yes, I checked this one for being a hoax) “Tuffy Tuffington,” had a brainstorm, or perhaps shit-storm is the better description:  to make the beach uninhabitable for Patriot Prayer First Amendment protected proceedings, he urged San Franciscans to plan to festoon Crissy Field, which is normally a lovely beach by the shadow of the Golden Gate Bridge, with piles of their various dogs’ droppings

“I just had this image of alt-right people stomping around in the poop,” said Tuffy, a self-righteous asshole. He is convinced that this is the best way to respond to right wing extremists in the wake of Charlottesville.  Presumably, President Trump will be required under threat of impeachment to declare that there is nothing wrong with defiling a public place and breaking the law to make it impossible for a group to demonstrate, because it is a false moral equivalency to insist that all Americans have equal access to Constitutional speech. Do I have that correct, Tuffy? Continue reading →

Morning Ethics Warm-Up: 8/26/17

/ Jack Marshall / 17 Comments

Good Morning!

(My Dad was from Kentucky. He couldn’t stand Tom T. Hall…or Mitch McConnell)

1. I have been working on a legal ethics seminar for lawyers who represent seniors (I was told that the politically correct term among the groups was “older clients.” Older than what?) It is one of those areas of the law in which the usual ethics rules don’t work very well, or sometimes not at all. This anomaly requires a lawyer practicing in the field to be ready to embrace the Ethics Incompleteness Principle: to violate the letter of the professional ethics rules in the best interests of the client. For example, what does a lawyer do whose aging client lives with a son or daughter, and the lawyers sees signs of elder abuse? When the lawyer asks the client, he makes various excuses for his caretakers, and finally says that while he has been abused, it’s not serious and will only get worse if the lawyer says or does anything in response to it. Now what? The fact of the abuse, under the usual construction of the rules, is a confidence controlled by the client.

The emerging consensus is that the lawyer can ethically use the exception to confidentiality that allows an attorney to reveal a client confidence to prevent death or serious bodily injury to a “third party,” the client becoming “the third party” for his own protection.

2. A federal lawsuit was filed last week alleging that a Tennessee judge and sheriff violated inmates’ constitutional rights by instituting a program offering reduced jail time for criminals who agree to undergo vasectomies or get contraceptive implants. The suit claims the White County program amounted to “eugenics with a twist.” I don’t think it’s much of a twist; I’d say it’s eugenics, straight up. I’d assume CBS will love it: after all, eliminating criminal types is even better than eradicating Down Syndrome babies. Isn’t it?

3. Lots of people sent me this horrible story, about the cheerleader camp at a Denver area high school where young girls were being forced to do splits (it hurts me even thinking about doing splits) , with the camp’s instructor shown in a leaked video pushing down on the shoulders of a 13-year-old as she screamed for him to stop.

Boy, there is a lot of child abuse out there.

The Denver Board of Education said in a statement: “As the elected representatives for Denver Public Schools — and as the moms, dads and family members of D.P.S. students ourselves — we are deeply disturbed by the videos of cheer practices at East High School that came to our attention yesterday.”

Gee, it’s good to know that you are all disturbed that children are being tortured at schools that you are supposed to be overseeing.. This must mean you are competently doing your jobs. No, actually it doesn’t

“As the investigation continues,’’ it states, “our focus must be entirely on our students, families and educators.”

The school superintendent also said: “We have sent notification to our athletic directors emphasizing that D.P.S. does not allow the use of ‘forced splits’ or any other activity that puts a student’s physical or mental health at risk, or in which a student is forced to perform an exercise beyond the point at which they express their desire to stop.”

An Ethics Alarms note to that school system: Any athletic directors who have to be reminded that abusing children in their care, and continuing to make them perform painful acts after they have said that they don’t want to, is not something they should be doing shouldn’t be employed in the first place. Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up: 8/24/17”

/ Jack Marshall / 32 Comments

The debate over what kind of tolerance is required and justified in a democracy inspired reader Chris Marschner to submit a thoughful and thought-provoking comment, as he has before, that takes the discussion in a diferent direction.  I’ll let you read it and have your own reactions; Chris needs no further preface.

Here is his Comment of the Day on the post,Morning Ethics Warm-Up: 8/24/17:

Let me begin with the question, what lies as the foundation of tolerance? Is it understanding, empathy, or a just a willingness to comprehend an alternative perspective? Perhaps it is all three. By definition, tolerance is a willingness to live and let live, so to speak. But, the notion of willingness to live and let live does not preclude the actions of those who seek to change minds through cogent rational argument.

I have listened at great length to those who oppose and support the destruction or removal of Confederate iconography in today’s world. If we start with the assumption that what is right and good will triumph over that which is bad and evil in time without the need to resolve the dispute violently we might move toward a more tolerant and enlightened social structure.

My thesis is neither a defense of nor a condemnation of societal issues that continue to pit one against another. I will merely juxtapose the historical issue which divided the nation into camps that found the practice repugnant and those that found no problem with it an a modern day issue that one group find morally repugnant while others do not and attempt to draw parallels to historical events that sanctified, or at least legitimized social behavior.

Again, I am trying not to cast any judgement on any behavior but to develop my thoughts I needed to find a modern day issue that a majority segment of our population finds morally repugnant and another minority segment sees as perfectly acceptable. I then asked myself the question to what lengths might the minority segment go should the majority segment impose its will by executive or judicial fiat? How much will the minority tolerate before it finds the political majorities imposed will too much to tolerate. What issue might create substantial animus toward the ruling segment that it too may seek to enjoin itself from laws of the land. What parallels in history do we see that might engender such animus and how might future generations view the loser if the debate escalated into a full on confrontation? Continue reading →

Morning Ethics Warm-Up: 8/25/17

/ Jack Marshall / 51 Comments

Good Morning, everyone!

[I thought I had posted this two hours ago! I’m sorry!]

1. Re President Trump’s latest anti-news media rant: American journalism’s abandonment of partisan neutrality, competence and professionalism has become the single greatest threat to the nation’s functioning democracy, along with the erosion of public trust that this has caused. I have previously endorsed President Trump’s earlier statement that the news media has become an enemy of the people it is supposed to serve. However, saying, as he did this week, that journalists don’t “love America” is incompetent and irresponsible.

But what else is new. Journalists just over-overwhelmingly hate him, and cannot muster the professionalism to do their duties fairly as a result. (Norah O’ Donnell actually interrupted Trump’s anti-journalism rant to call him a liar—nice.  A network news operation with professional standards would suspend her for that. ) To be fair to the President, his use of language and comprehension of it is devoid of nuance. I presume that to him, saying that the news media hates America, hates him, and is the enemy of the people all mean the same thing.

2. Let’s keep track of which journalists and politicians relate Hurricane Harvey to climate change, or cite the dangerous storm as more evidence that the “consensus” is correct. This is the first major hurricane in 12 years, in defiance of virtually all predictions and climate change models, which told us that the warming earth would lead to more frequent violent storms, not fewer. Of course, the sudden and unexpected dearth of hurricanes during the entire Obama administration (no, Super Storm Sandy was not a hurricane) also doesn’t prove that climate change is a crock. But every single individual, activist, meteorologist, reporter, talking head, Democrat and Al Gore Fan Club member that points to Harney and says, “See???” is proving that he or she isn’t interested in the truth, just in furthering an agenda.

3. We shouldn’t allow California to secede, but it will be tempting, if it ever comes to that. Continue reading →

Ethics Quote Of The Day AND Incompetent Elected Official Of the Month, Plus KABOOM! and “ARGHHHHHH!” : Rep. Nancy Pelosi

/ Jack Marshall / 21 Comments

“The Constitution does not say that a person can yell ‘wolf’ in a crowded theater. If you are endangering people, you don’t have a constitutional right to do that.”

—-Democratic House leader Nancy Pelosi in an interview with KRON4’s Pam Moore, as the party leader explained why she believed that alt-right advocates should not have the benefits of freedom of speech and assembly.

Observations:

  • This is a classic. Biff and his various incarnations in the “Back to the Future” trilogy must be kicking themselves.  They said,

 “Eight o’clock Monday, runt. If you ain’t here, I’ll hunt you and shoot you down like a duck.”
(“Mad Dog” Tannen’s Gang Member : “It’s “dog”, Buford. Shoot him down like a dog.“)

and

“Why don’t you make like a tree and get outta here?

and

“I’m not one to look a gift horse in the butt.”

and

“It’s time to race the music.”

and  Biff’s great-great-grandson Ziff Tannen said,

 “I’m going to make like a banana and skedaddle!”

And more. But “crying wolf in a crowded theater” is funnier—and dumber— than any of them. Continue reading →

Comment of the Day: “Yes, Virginia, There Is A White Supremacist Teacher Principle”

/ Jack Marshall / 43 Comments

It is seductively easy to be certain about one’s analysis of controversial issues if you simplify them to the point of distortion. This is what politicians do, and it is often impossible to tell whether they are trying to deceive,  just don’t understand the issue at hand, or are deliberately ignoring inconvenient facts to advance an agenda. Sometimes it is all three. The Civil War, as the recent debate over Confederate statues again illustrates, is a classic example of this phenomenon, and has been since the war itself began. Southerners saw their cause as just, because they were fighting for the right to determine the shape of their own culture, a right they felt was embodied in the Constitution itself. Since that culture included slavery, to assert that the South had a measure of law and ethics on its side has routinely dismissed as, and simplifies as, sympathizing with slaveholders. (As an aside, I wonder if the censorious Left will redouble its efforts to get “Gone With The Wind” exiled from television permanently. I’m betting yes.)

Arguments about what the Civil War was fought over have been taking on the tenor of the old Miller Beer commercials: “Less filling!” “More taste,” or perhaps the Certs ads: “Certs is a breath mint!” “Certs is a candy mint!” “STOP you’re both right!” To his great credit, texagg04 accepted the challenge of trying to clarify the complexities of the “root causes of the Civil War” confusion in a concise comment (the topic has filled long scholarly books). He did an excellent job, and as he wrote as he began his explanation, the complexities matter. They usually do.

Here is texaggo4’s Comment of the Day on the post,Yes, Virginia, There Is A White Supremicist Teacher Principle:

…The South seceded to defend against what it believed would be the Republican plan to eradicate slavery via the National level of government.

Slavery is why the South seceded – Slavery could be said to be a type of Final Cause of secession.

But that said, slavery was merely the topic of the question, “Who has final authority to make significant economic decisions within the individual states: The States or the National level of government?” State powers — those not delegated to the Union — was the issue to be answered as it pertained to slavery. So “States Rights” could be said to be a type of Formal Cause of secession.

There was NO war at that point, because secession, prior to the Civil War, was widely regarded as a perfectly legal course for States *voluntarily* part of a Union to do.

Stopping secession, that is preserving the Union status quo, is *why* hostilities began. Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up: 8/23/17”

/ Jack Marshall / 41 Comments

Like Baltimore removing its politically incorrect statues, here I am in the dead of night trying to catch up with the Ethics Alarms Comments of the Day.

By the way, of all the statues taken down and under attack, the one I can most sympathize with is that of Chief Justice Roger Taney. There is only one reason anyone remembers Taney, and only one thing a statute to him can symbolize: the Dred Scott decision, which he authored. Since it is, by acclamation, the single most disastrous Supreme Court decision in the nation’s history, having a statue of Taney standing in front of the Maryland state house is difficult to defend.

Taney is something of a tragic figure. The rest of his judicial career was distinguished, but that is a bit like saying that the rest of that performance of “Our American Cousin” was terrific. He actually thought the Dred Scott decision would avert a civil war by settling the slavery question once and for all. He was not an evil man, just a horribly misguided one.

There is a street named after Taney in Alexandria. Every time I pass the sign, I think, “This is weird.” Who defends the Dred Scott case? Who has defended it in the last 150 years?

But I digress.

Tippy Scales is an undercover journalist, registering his period disgust at the ethical collapse of his profession here because it is not safe to do so elsewhere. He filed this Comment of the Day two days ago, on the post, Morning Ethics Warm-Up: 8/23/17

(I’ve linked to the topics and posts he  has referred to within his post.)

Let’s review the past few days… Continue reading →

Ethics Dunce: Ann Althouse

/ Jack Marshall / 13 Comments

I like Ann and admire her, as readers here know. She’s quirky and smart; she’s either political moderate or apolitical; she tries very hard to stay objective; she’s an iconoclast and a contrarian, and best of all, she agrees with me about 75% of the time. Thus it pains me no end to designate her an Ethics Dunce, but I have no choice. She posted this:

“New Clinton Memoir: ‘We All Made Mistakes But You Made Most Of Them.'”

“‘I’m not suggesting it’s entirely your fault, but, let’s be frank, 99 percent of it is,’ read one passage from the chapter entitled ‘Seriously, What Were You Thinking?’ in which the former candidate conceded missteps she had made over the course of her campaign while also clarifying that none of them should have produced the final election outcome, which she characterized as ‘squarely on you fucking people.'”
It’s fake news. It’s from “The Onion,” and while that may seem obvious to some, the fact that Ann Althouse’s blog is not a satire, or fake news site means that this unmarked  gag post once removed is a lie.I have been seeing this with more frequency of late—among other, Glenn Reynolds has posted fake stories on Instapundit, assuming that readers will immediately get the joke with him having to flag it. Or maybe he was fooled: the point is that there is no way to be sure. The Althouse post above, coming on the heels of the Clinton excerpt from the book of yesterday, seemed just a step or two farther along on The Road to Lunacy. I believed it might be true, which is the only reason I clicked on the link. As I learn from commenters here every day, most people do not click on links.  Many people will repeat as fact to a third party what they read in a headline without reading the rest.

This  headline is New Clinton Memoir: “We All Made Mistakes But You Made Most Of Them.” Is that really so inherently hilarious and nonsensical that Althouse can be certain no readers with a functioning brain will believe it? Is it harder to believe she would write this in her book than say, during last year’s campaign, “I was surprised that he used personal email account if he is at State.”? Or remember when Hillary was asked about the stunned responses of viewers when she said, in her first debate with Bernie Sanders, that the reason she was getting getting millions in widespread Wall Street firm support, that “So, I represented New York, and I represented New York on 9/11 when we were attacked. Where were we attacked? We were attacked in downtown Manhattan where Wall Street is. I did spend a whole lot of time and effort helping them rebuild. That was good for New York. It was good for the economy and it was a way to rebuke the terrorists who had attacked our country.” ?

During that same  debate,  CBS passed a tweet along from a fellow head-explodee.. “And Secretary Clinton, one of the tweets we saw said this,” said CBS’s tweet-mistress Nancy Cordes. “I’ve never seen a candidate invoke 9/11 to justify millions of Wall Street donations until now.” The idea being, yes, you were a champion of the community after 9/11, but what does that have to do with taking big donations?”

Hillary answered—“Well, I’m sorry that whoever tweeted that had that impression.” HAD THAT IMPRESSION??? That’s what she had literally just said! How hard is to believe that a woman who would claim, on live, coast-to-caost TV,  that a voter is mistaken to interpret as what she just said as what she just said, wouldn’t also write in her post-election  botch memoir that “We all made mistakes but you made most of them”? Continue reading →

Morning Ethics Warm-Up: 8/24/17 [UPDATED]

/ Jack Marshall / 55 Comments

GOOD MORNING!

1. I’m moving this to the top from its original placement at the end. I warned that the mania for retroactive statue-toppling and historical air-brushing was a deadly slippery slope to cultural chaos from the moment Dylan Roof’s rampage primed the Confederate flag banning push. I said that there was no clear stop on that slope, and that this was a massive ethical error that would quickly spin out of control.

I am accepting apologies and “You were right, I was wrong” messages at jamproethics@verizon.net. I will reply gracefully.

2. It’s a good thing, in some ways, that President Trump has no ethics alarms, or has them but doesn’t understand what all the ringing means, because if he did, he might realize that he has put himself in ethics zugswang in the matter of former sheriff Joe Arpaio, the anti-illegal immigration zealot who is facing up to six months in jail for defying a federal judge’s order to stop targeting Latinos based solely on the suspicion of their legal status. Trump has been urged to pardon Arpaio. Let’s see:

  • Arpaio did defy a judicial order. Should a law enforcement official be treated especially harshly when he does this?

Yes.

  • The judicial order related to Arpaio’s practice of assuming that individuals of Hispanic descent were more likely to be violating the immigration laws in his jurisdiction than other citizens. Since his jurisdiction was rife with Hispanic illegals, was this an unreasonable assumption on his part? No. Was it still discriminatory? Sure. Is the balance between profiling, which in such situations is a valuable law-enforcement tool, and the importance of equal treatment under the law a difficult one legally and ethically? Yes. Does a sheriff have the right and authority to ignore the way this balance is decided one legal authorities define it?

No.

  • Is the determination of this balance often polluted by ideological biases, in this case, against enforcement of immigration laws?

Yes.

  • Do Donald Trump, and his supporters, and those Americans who may not be his supporters but who agree that allowing foreign citizens to breach our borders at will without legal penalties is certifiably insane, believe that Arpaio’s position on illegal immigration is essentially correct and just?

Yes.

  • Nonetheless, did his ham-handed methods give ammunition to open-borders, pro-illegal immigration, race-baiting activists like the one who told the New York Times,

“Trump is delivering a slap in the face to dignified, hard-working people whose lives were ripped apart by Arpaio. Arpaio belongs in jail, getting a taste of his own medicine. Trump wants to put Arpaio above the law, showing they are both about white supremacy.”

  • Is sending Arpaio to jail a political imprisonment?

Yes, although he made it easy to justify on non-political grounds.

  • Are political prisoners the ideal objects of Presidential pardons?

Yes.

  • Would pardoning him send dangerous messages (it’s OK to violate judicial orders you think are wrong; the ends justifies the means; Presidents should meddle in local law enforcement, “extremism in defense of liberty is no vice”) as well as defensible ones ( judges and elected official enabling illegal immigration are a threat to the rule of law; Joe is an old man with a long record of public service who deserves mercy even though he was wrong…)

Yes.

  • Will such a pardon, especially as the news media is again spinning to make the case that Trump is sympathetic with xenophobes and white nationalists, further inflame an overly emotional debate that needs to be calmed, not exacerbated?

God, yes.

  • Is the most responsible course for Trump to stay out of this mess?

YES!

  • Will he?

Of course not. Continue reading →