Will Joe Arpaio’s pardon be invalidated?
The legal debate hinges on whether the President has the power to override a contempt of court citation (as opposed to a jury decision).
There’s a reasonable case that such a pardon violates the constitutional separation of powers.
“PDP cites the Supreme Court opinion in the 1987 case Young v. U.S. ex rel. Vuitton et Fils S.A., which said the criminal contempt power is so central to the judicial branch, it may not be left to the mercy of the executive branch. The power to punish those who disobey judicial orders is essential to vindicate the authority of the courts, and should not be dependent on the legislative or executive branches.”
Maybe so, but the Constitution places only these limits on presidential pardons: (1) they are limited to offenses against the United States, so he may not pardon somebody for violating a state law; (2) they cannot be applied in impeachment proceedings.
In other words, both sides have a case to argue. I’m not sure how the hearing will go next week, but the Supremes will ultimately have to rule on it.