Contrary to the popular view of main stream Americans, the power of the president to Pardon is not Unlimited. The constitution of the United States sets the basis, limits and parameters for government. Both the words of the constitution, and its intent are to be taken in tandem , and viewed though historical lenses. The revolutionary war which was fought against Britain was motivated in part by the frustration on the part of the American colonist being governed not by the rule of law , but merely by the random discretion of the crown. The constitution was designed specifically to be antithetical to the establishment of a monarch by limiting the power of the federal government.
Article II section two of the United States constitution states that the president ” shall have power to grant reprieves and pardons for offenses against the United States.” The controlling term is ” against the United States.” Under the doctrine of separation of power each branch is considered a co- equal. An offense against the United States pertains to offenses in violation of : statutes, codes or regulations. Contempt of court is is a compulsive device utilized by courts to compel specific conduct and therefore does not constitute an offense”against the United States” as defined by Article II section two of the constitution.
Civil and criminal contempt offenses resulting from non compliance of a court order. The distinguishing feature between criminal and civil contempt are the penalties that may be imposed by the court. Civil contempt penalties are limited to the imposition of a monetary fine and or jail , however can not exceed six months. On the other hand criminal contempt may exceed six months of imprisonment, and the defendant is entitled to all of the protections of a criminal defendant mainly the right to a trial by jury.
Joe Arpaio was afforded all of the protections that the constitution requires, all of which he unlawfully deprived others of. He was given a trial and he was rigorously defended by competent counsel , but ultimately he was convicted. The Supreme Court has ruled consistently that the president is not above the law. The pardoning of Joe Arpaio is a flagrant violation of the constitution and abuse of the Presidential power to pardon and the proper remedy under these circumstances is that of the impeachment of number forty-five.