President Trump’s Justice Department on Monday asked a federal court to dismiss the criminal case against former Arizona sheriff Joe Arpaio.
In court papers filed Monday in the U.S. District Court for Arizona, Justice Department lawyers argued that President Trump’s pardon of Arpaio mean that the criminal case against him is moot and that his finding of guilt should be vacated.
Arpaio was found guilty of criminal contempt earlier this summer but had not yet been sentenced. Trump pardoned Arpaio in late August.
“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,” the Justice Department stated in its filing. “Accordingly, the government agrees that the Court should vacate all orders and dismiss the case as moot.”
U.S. District Judge Susan Bolton, who found Arpaio guilty in July, is scheduled to hear arguments on what should happen to Arpaio’s case on Oct. 4.
Under President Obama, the Justice Department opened a criminal an investigation into accusations of discrimination and unconstitutional searches and seizures in 2008. In 2011, the Justice Department accused him of engaging in “unconstitutional policing” against minorities.
In 2012, the Justice Department filed suit against Arpaio and the Maricopa County Sheriff’s Office.