Arpaio says Trump kept him guessing about pardon decision, too
Megan Cassidy
The crowd, in a flood of red hats and American flags, filed into the Phoenix Convention Center, anticipating a campaign-style speech from President Donald Trump. Those toting anti-hate, anti-Trump signs crowded against barricades across the street.
Perhaps the most hotly anticipated potential guest — former Maricopa County Sheriff Joe Arpaio — was a no-show at the convention center.
Despite hints that Arpaio, who had recently been convicted of criminal contempt in a racial-profiling case, would be pardoned at the event, he had not received an invitation.
He was 30 miles away at his Fountain Hills home, watching the event on TV with his wife, Ava.
Trump invokes Arpaio
Then, about 45 minutes into Trump’s speech, Arpaio’s name reverberated throughout the arena.
"Do the people like Sheriff Joe?" Trump asked the crowd, many of whom roared with cheers. "Was Sheriff Joe convicted for doing his job?
"He should have had a jury. But you know what? I’ll make a prediction. I think he’s going to be just fine," Trump said.
Trump’s suggestion all but answered the question of “will he or won’t he? that has hung over Arpaio’s case for months. And it capped what had been a reality-TV-worthy week of emotions and political intrigue for Arpaio supporters and detractors alike.
READ MORE: Trump could pardon Sheriff Joe Arpaio in a tweet
One person who was not surprised to hear the name Joe Arpaio in Trump’s speech was Joe Arpaio.
“Surprised? You know what? The answer is no,” he told The Arizona Republic in a Wednesday phone interview. “Even though the press secretary said he’s not going to mention it, I know how he is. I never talked to him. But I know him.”
Legal woes, after office
A pardon would be seen as repayment for Arpaio's loyalty to Trump. Arpaio, a polarizing yet wildly popular figure in conservative circles, was one of Trump's earliest supporters and introduced the then-candidate during his campaign visits to Arizona.
Last month, a federal judge found Arpaio intentionally had violated a judge's orders amid a long-running racial-profiling case. The order required Arpaio’s deputies to stop detaining those believed to be undocumented immigrants, but he continued the practice for at least 17 months more.
Trump won election in November, but Arpaio was defeated. But because his case was criminal, he still faced a bench trial this summer as citizen Arpaio.
As of Wednesday, he still was scheduled to be sentenced Oct. 5 and could face as much as six months in jail.
Talk of pardon heats up, then cools down
It was Trump himself whipped up speculation about the pardon in an Aug. 14 Fox News interview, then days later confirmed the trip to Phoenix on Twitter.
Then, he was silent.
The Arizona Republic called Arpaio each day thereafter, asking whether he’d yet received the invite or word from Trump’s people.
Each day, the answer was no. “What have you heard?” he often would ask.
Many others voiced their opinions on the matter, however. A group of Democrats and civil-rights advocates said Trump would thumb his nose at the criminal justice system should he decide to pardon his political pal. A poll showed more Arizonans preferred Trump not follow through with the pardon. Some Republicans, including Arizona U.S. Rep. Trent Franks, issued competing statements in support of Arpaio.
SEE ALSO: An Arpaio pardon would destroy a GOP argument on immigration
On Tuesday afternoon, White House spokeswoman Sarah Huckabee Sanders dashed what would have been any of Arpaio’s remaining hopes he would be pardoned that day.
Civil-rights activists rejoiced. For many in the community, Joe Arpaio was the face of discrimination in Arizona, who was at last facing the music for defying a judge’s orders in a racial-profiling case.
They hoped the decision would thwart the kind of racial minefield that could erupt at a time when thousands of angry Trump protesters and supporters were converging on downtown Phoenix. It had been just more than a week since the race-fueled violence in Charlottesville, Va., left one dead and 19 injured, and a nation was still raw after seeing images of neo-Nazis parading down American streets.
... And then heats up again
It likely came as no surprise to those familiar with Trump speeches that the commander-in-chief would have something to say about the sheriff.
Arpaio said he was not only “humbled” by the president’s remarks but by the crowd’s enthusiastic response “even after everything I’ve been through.”
“It means a lot to me,” he said. “I think my day will come, then I’ll really talk about what happened.”
He and Trump share the same enthusiasm for immigration crackdowns, and the two appeal to the same conservative demographic that appreciates tough talk and fiery rhetoric.
“Something’s brewing out there in the public,” Arpaio said. “It’s very gratifying that I have that kind of support.”
Longtime foes frustrated
Outside the Phoenix Convention Center, however, Arpaio was receiving a different reception.
Tens of thousands of protesters had descended on the blocks surrounding the center, and Arpaio was on nearly as many protest signs as Trump. Individual protesters at Washington and 5th Street united in cheers as an anti-Arpaio billboard truck rolled by.
“Arpaio & Trump: A Match Made by Racism,” “Women Resist White Supremacy” and “No Pardon for Criminal Sheriff Joe Arpaio.”
Dan Pochoda, a former attorney for the American Civil Liberties Union of Arizona who helped win the racial-profiling case against Arpaio when he was in office, was inflamed when he was reached by phone Wednesday.
TALKING POLITICS: Listen to our Arizona politics podcast, The Gaggle, on Apple Podcasts, SoundCloud, Stitcher or Google Play.
“I mean, it’s hard to get the words right,” he said. “In terms of harm to the country, you couldn’t have a more egregious example of harms committed by one person. The contempt for the Constitution, contempt for people’s lives and contempt of the federal court.”
If it happens, Pochoda said, he hopes it galvanizes the resistance against Trump and his policies.
“It’s just such a dramatic illustration of racism, and bringing home the ugliness of this guy — the racial impetus at every point,” Pochoda said. “I hope if it happens, it does lead to pushing further.”
Civil-rights activists released impassionsed statements immediately after Trump’s speech.
“President Trump claims he supports ‘law-and-order’ but now says he wants to pardon a convicted criminal, ex-Sheriff Joe Arpaio,” said Promise Arizona Executive Director Petra Falcon. “This would be a shameful injustice and a slap in the face to all of the people, including so many immigrant families, that Arpaio victimized during his time in office. We the people are here to let the White House know this will not stand.”
How could a pardon come about?
The president's power to pardon is so absolute that there's actually very little required in terms of paperwork. In fact, the president could grant a pardon in a tweet.
"Neither the constitution nor any statute prescribes the method by which Executive clemency shall be exercised or evidenced," reads a memo from the Justice Department.
"It is wholly a matter for the President to decide, as a practical matter of administrative policy."
Arpaio: Optimistic about future
Asked what he would say to his critics who feel the pardon is an endorsement of discrimination, Arpaio pushed back.
“They’re going to blast me; they’re going to do that no matter what,” he said. “That’s what they’re going to keep talking about. I’m not concerned about them.”
Arpaio insists that the underlying issue is the validity of the justice system, of which he feels he’s been unfairly targeted because of politics.
“That system applies to everybody,” he said.
The media fails to tell the whole story, he said.
Arpaio said he’s remained active, even with the criminal case hanging over his head. Still, he’s optimistic about a future without it.
He’s planning on writing his third book —a “more exciting” one, and giving speeches on request. He said he’ll have a lot to say on the criminal-contempt matter once the case is behind him.
And he hasn’t ruled out another run for office.
“I told my wife I don’t want nothing to do with politics, but now I’ve got to rethink that,” he said. “I think I’ve got a big political message to get out.”
Includes information from USA Today.
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