© John Moore/Getty ImagesJoe Arpaio's lawyer Jack Wilenchik said he plans to ask the judge to reconsider her ruling and, failing that, will likely appeal.
In her order Thursday, Phoenix-based U.S. District Court Judge Susan Bolton rejected arguments from Arpaio's lawyers and Justice Department prosecutors that the longtime Maricopa County sheriff was entitled to have all rulings in the case vacated, including the guilty verdict the judge delivered in July after a five-day trial.
"The power to pardon is an executive prerogative of mercy, not of judicial recordkeeping," Bolton wrote, quoting an appeals court ruling. "To vacate all rulings in this case would run afoul of this important distinction. The Court found Defendant guilty of criminal contempt. The President issued the pardon. Defendant accepted. The pardon undoubtedly spared Defendant from any punishment that might otherwise have been imposed. It did not, however, 'revise the historical facts' of this case."
Arpaio, known for his tough stance against illegal immigration and for humiliating treatment of prisoners, was charged with contempt for defying another federal judge's order aimed at preventing ethnic profiling of Latinos.
Trump pardoned the 85-year-old Arpaio in August while he was awaiting sentencing. The official White House statement stressed Arpaio's history of public service, but the president indicated in earlier remarks that he considered the ex-sheriff's conviction unfair because he was found guilty "for doing his job." Trump also said Arpaio should have received a jury trial, something courts have said is not required if no penalty of more than a year in jail is sought.
Arpaio's attorneys filed an appeal Thursday evening that will take the issue to the San Francisco-based 9th Circuit Court of Appeals.
"We will challenge that order," Arpaio lawyer Jack Wilenchik told POLITICO shortly after the judge's ruling was handed down. He said Bolton had jumbled the facts regarding a key precedent: the case of a Tyson Foods lobbyist who was pardoned by President Bill Clinton after being convicted of giving illegal gifts to Agriculture Secretary Mike Espy.
The battle over the guilty verdict and other rulings is largely symbolic since the prosecution, the defense and the judge all appear to agree Arpaio's prosecution is over and he cannot be punished for the conduct that led to the case. Arpaio's attorneys argue it is unfair for the verdict to remain on the book since the pardon effectively wipes out Arpaio's ability to appeal that decision.
However, some ethics-in-government groups and Democratic lawmakers urged the judge to reject the pardon altogether as an unconstitutional intrusion by the executive branch into the judiciary branch's ability to ensure that its orders are enforced.
Earlier this week, several liberal groups asked the judge to allow them to appeal her ruling accepting the pardon and dismissing the case against Arpaio. She has not yet ruled on the request.
Arpaio and spokespeople for the White House did not immediately respond to requests for comment on the judge's decision. A Justice Department spokeswoman declined to comment.
Bolton is a Clinton appointee. Judge Murray Snow, who initially found Arpaio in contempt and referred the matter for criminal prosecution, is a George W. Bush appointee.
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