Trump pardons ex-sheriff convicted of defying order in immigration case

WASHINGTON - President Donald Trump on Friday pardoned former Arizona sheriff Joe Arpaio - a move that keeps one of his staunchest political allies out of jail, and will likely cheer his conservative base, which supports both men's hard-line views on illegal immigration.

The unusual pardon - coming less than a month after Arpaio was convicted, and before his planned October sentencing - will further anger the president's critics and is likely to worsen the president's already tense relationship with the judicial branch, which he has repeatedly criticized.

A pardon is perhaps the only way to make Arpaio - a longtime county sheriff who gained national fame and notoriety for his aggressive pursuit of immigrants living in the U.S. illegally - a more polarizing figure than he already is.

The decision on Arpaio is the latest chapter in a line of historically controversial pardons granted by presidents - rare but not unprecedented uses of a power that draw fire for being politically or personally motivated. Legal experts have compared an Arpaio pardon to the one President George H.W. Bush granted to former defense secretary Caspar Weinberger in 1992 over the Iran Contra affair, or the one President Bill Clinton granted to fugitive financier Marc Rich in 2001.

But Arpaio's pardon - the first of the Trump presidency - is a rarity among rarities. In recent decades, presidents have tended to issue controversial pardons at the end of their terms, not the beginning. The move raises questions about how often the president might pardon other political figures - and for what types of offenses.

In a statement announcing the pardon, Trump made no mention of Arpaio's offense - criminal contempt of court - but praised his past military service.

"Arpaio's life and career, which began at the age of 18 when he enlisted in the military after the outbreak of the Korean War, exemplify selfless public service," Trump said. "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 eighty-five years old, and after more than fifty years of admirable service to our Nation, he is worthy candidate for a Presidential pardon," the statement continued.

Arpaio's lawyer, Jack Wilenchik, said simply: "Justice has been done.''

In a tweet, Arpaio thanked the president "for seeing my conviction for what it is: a political witch hunt by holdovers in the Obama justice department!''

The pardon was met with both praise and criticism from Arizona politicians.

Arizona Republican Sen. John McCain said in a statement that "no one is above the law" and "sworn law officers should always seek to be beyond reproach in their commitment to fairly enforcing the laws they swore to uphold."

Pardoning Arpaio, McCain said, undermines Trump's claim for the respect of rule of law. He also said Arpaio has shown no remorse for his actions.

Arizona Gov. Doug Ducey and Arizona congressman Andy Biggs supported the pardon. Ducey said Arpaio "deserves credit for helping to reduce crime in Maricopa County over his long career in law enforcement and public office." Ducey said Arpaio is his friend and now he can move on and enjoy his retirement.

Biggs said "America owes Sheriff Arpaio a debt of gratitude and not the injustice of a political witch hunt."

Phoenix Mayor Greg Stanton said the presidential pardon of the metro area's former sheriff "is a slap in the face to the people of Maricopa County." He said it's especially a slap in the face of the Latino community and those ex-sheriff Joe Arpaio "victimized as he systematically and illegally violated their civil rights."

Stanton said Phoenix "is moving on and moving forward from the divisiveness that defined the Arpaio era."

The sheriff's critics spent years trying to stop the police practices Arpaio sanctioned and which they charge were discriminatory and abusive; in recent weeks, they had vociferously objected to the pardon that Trump repeatedly hinted was coming.

A deputy legal director of the American Civil Liberties Union called the pardon "a presidential endorsement of racism.''

"Trump has chosen lawlessness over justice, division over unity, hurt over healing,'' said Cecillia Wang, the ACLU official. "Once again, the president has acted in support of illegal, failed immigration enforcement practices that target people of color and have been struck down by the courts.''

The president traveled to Phoenix this week, where he suggested at a rally that he was on the verge of pardoning Arpaio, but said he would not do it that night because it would be "controversial.''

Earlier this month, the president told Fox News he was "seriously considering'' a pardon for Arpaio, who was convicted last month of criminal contempt for ignoring a federal judge's order to stop detaining people because he merely suspected them of being undocumented immigrants.

Trump called Arpaio a "great American patriot" who had "done a lot in the fight against illegal immigration ... He has protected people from crimes and saved lives. He doesn't deserve to be treated this way."

Trump's pardon came late on a Friday night, at a time when much of the country is focused on a Category 4 hurricane bearing down on Texas.

The reaction among advocates and Democrats was swift.

"President Trump is a coward. He waited until a Friday evening, as a hurricane hits, to pardon a racist ex-sheriff," said Rep. Ruben Gallego, D-Ariz., who represents Phoenix. "Trump should at least have the decency to explain to the American public why he is undermining our justice system."

Sen. Charles Schumer, D-N.Y., also accused the president of "using the cover of the storm to pardon a man who violated a court's order."

Normally, pardon applications are submitted to the Justice Department, where they are scrutinized over a period of months before recommendations are made to the White House. Some applicants wait years to find out whether they will receive pardons or clemency.

Arpaio's pardon came much faster, and it was not subject to a Justice Department review, according to officials.

Arpaio's sentencing was scheduled for Oct. 5, and he had faced up to six months in prison.

Vanita Gupta, chief executive of the Leadership Conference on Civil and Human Rights, said the president has "yet again damaged himself, the rule of law, and our country tonight. This pardon sends a dangerous message that a law enforcement officer who abused his position of power and defied a court order can simply be excused by a president who himself clearly does not respect the rule of law.''

Arpaio's lawyer has maintained that the prosecution of Arpaio was itself a political vendetta against a foe of the Obama administration and therefore that the political act of a pardon was a fair and just way to end the case.

Arpaio, the former sheriff of Maricopa County, Arizona, has long been an advocate for Trump and spoke in support of him at the Republican National Convention in July 2016. The men seem to have the same views on immigrants living in the U.S. illegally and using harsh tactics against criminals or suspected criminals. Arpaio is well-known in part for forcing his inmates to wear pink underwear and sleep outdoors in his Tent City Jail.

The legal saga surrounding Arpaio dates back years. In 2011, as part of a lawsuit, the then-sheriff was enjoined by U.S. District Judge G. Murray Snow from detaining people he thought to be illegal immigrants, when they were not charged with any other crimes. Prosecutors alleged that Arpaio continued to do so, and last year, the Justice Department decided to pursue a criminal contempt-of-court case against him.

Critics said that his policy of detaining people on mere suspicion was racist and illegal, and that his refusal to honor a court's order to stop was brazen. Arpaio's lawyers argued that the judge's order enjoining their client's conduct was "not clear," and they suggested that Arpaio was merely doing what others do routinely: turning over those in the country illegally to the U.S. Border Patrol.

• The Associated Press contributed to this report.