The Trump Justice Department has declined Joe Arpaio’s request for it to ask the Supreme Court to block an investigation into him — but the former Arizona sheriff is not done fighting.
Politico reported Wednesday that Arpaio wanted the DOJ to intervene by asking the Supreme Court to block a special counsel investigation into his contempt of court conviction.
Though the former Maricopa County sheriff was pardoned by President Donald Trump while he was awaiting sentencing for the contempt of court conviction over his department’s profiling of Latinos, Arpaio wants to essentially erase the charge entirely.
“The pardon appears to have wiped out any chance the 86-year-old will go to prison or face a fine in connection with the contempt charge,” Politico reported, “but Arpaio’s lawyers have persisted in a demand that the guilty verdict also be formally set aside.”
U.S. District Court Judge Susan Bolton, however, denied Arpaio’s request — and the DOJ, in turn, declined to “defend Bolton’s decision” when the ex-sheriff appealed it.
“Over the government’s objections,” the report added, “a panel of the 9th Circuit Court of Appeals ruled, 2-1, in April to appoint a special prosecutor to argue that Bolton’s decision was correct.”
After ample dissent from other 9th Circuit judges and a review from Solicitor General Noel Francisco, DOJ lawyers on Wednesday announced it would not advance the issue to the Supreme Court.
One of Arpaio’s lawyers told Politico that his legal team plans on finding a way to appeal to the Supreme Court without the Trump administration.