HNBA on Arpaio pardon: ‘President Trump failed to demonstrate the restraint that the circumstances warranted’

Joe Arpaio | Photo: Gage Skidmore

WASHINGTON, D.C. — Today, the National President of the Hispanic National Bar Association, Pedro J. Torres-Díaz, issued the following statement in response to President Trump’s pardon of former Arizona sheriff Joe Arpaio, who was convicted in late July of criminal contempt for failing to comply with a United States District Court Judge’s order to stop racially profiling Latino residents in Arizona.

“As lawyers, we recognize that the Constitution of the United States grants broad pardon powers to the President. However, we strongly believe that those powers should be used judiciously, and with regard to the checks and balances set forth in our Constitution, and more importantly, to the constitutional rights of the citizens of this country.

“In the case of Sheriff Arpaio, a federal judge in Arizona had found that in detaining Latinos and Latinas solely based on their appearance, he violated the constitutional due process rights of those individuals. Rather than complying with an order which, as a law enforcement officer, he was sworn to uphold, he continued to engage in said illegal conduct, in direct contravention of the court’s order, resulting in his conviction for contempt of that order. President Trump’s expedited pardon (which by all accounts deviated from longstanding guidelines and procedures for review adopted by the Department of Justice) effectively condones Sheriff Arpaio’s conduct, undermines the court’s authority to redress violations of constitutional rights, and weakens the public’s faith in our legal and judicial system. In other words, in pardoning Sheriff Arpaio, President Trump failed to demonstrate the restraint that the circumstances and events around the country warranted.

“We hope the public response to this ill-advised action will encourage President Trump to be more measured in his use of presidential power. In the meantime, the HNBA stands ready to work with allies to see that those Americans harmed by the actions of Joe Arpaio seek and obtain justice.”

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