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Department of Justice agrees court should vacate Joe Arpaio's conviction after presidential pardon

Posted at 1:22 PM, Sep 11, 2017
and last updated 2017-09-12 07:33:35-04

Prosecutors with the Department of Justice agree that a judge should vacate the misdemeanor conviction against former Maricopa County Sheriff Joe Arpaio following his pardon from President Donald Trump.

FULL COVERAGE: Joe Arpaio's contempt of court case

The official response was filed on Tuesday after Arpaio moved to dismiss his case and vacate his conviction.

"A pardon issued before entry of final judgment moots a criminal case because the defendant will face no consequences that result from the guilty verdict," prosecutors said in the motion. "Accordingly, the government agrees that the Court should vacate all orders and dismiss the case as moot."

Arpaio had been convicted of a misdemeanor contempt-of-court charge in July for violating a judge's orders to stop traffic patrols that targeted immigrants.

On Aug. 25, President Trump issued a presidential pardon to Arpaio, days after hinting that he would at a rally held in Phoenix.

"Throughout his time as Sheriff, Arpaio continued his life's work of protecting the public from the scourges of crime and illegal immigration. Sheriff Joe Arpaio is now 85 years old, and after more than 50 years of admirable service to our nation, he is a worthy candidate for a Presidential pardon," Trump said in a statement. Read more.