A letter from Joseph Arpaio’s lawyer to White House Counsel Donald F. McGahn II

A letter from Mark Goldman, a lawyer for Joseph Arpaio, addressed to White House Counsel Donald F. McGahn II in reference to Arpaio’s case and potential pardon from President Trump. Trump asked Sessions about closing case against Arpaio, an ally since ‘birtherism’

17851 North 85th Street

Telephone: (480) 626-8483
Facsimile: (480) 383-6224

Suite 175
Scottsdale, Arizona 85255

Mark D. Goldman
August 25, 2017
Donald F. McGahn II, White House Counsel
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Re: United States of America v. Joseph M. Arpaio, 2:16-cr-01012-SRB
Dear Mr. McGahn:
Please be advised that I represent Sheriff Joe Arpaio. Attached is a CBS News Report
dated August 23, 2017 (the aArticlea), citing and quoting an anonymous source (obviously at the
White House) who has told CBS News that White House lawyers have aadvised Trump to wait
for sentencing [to pardon Sheriff Arpaio] under the belief the sentence could be lenient and not
include any jail time for Arpaio.a Hopefully this is more fake news, but in the event that there is
any truth to the Article, then I am compelled to let you know that there continues to be serious
and egregious leaks by government employees at the White House, and furthermore and
especially let you know that any plan to delay the promised pardon of Sheriff Arpaio until after
sentencing would place Sheriff Arpaio in an untenable and unprecedented position at sentencing.
As you are aware, you or another individual identifying himself as White House Counsel,
directly telephoned Sheriff Arpaio early last week, asked him if he would accept a pardon, and in
response to Sheriff Arpaioas affirmative answer, told him that papers were being drawn up and
would be delivered to him. After that conversation, on Tuesday, August 22, 2017, the President
of the United States stated to the public, aI donat want to do it [pardon him] tonight because I
donat want to cause any controversy, okay.a
The Article further quoted the anonymous source as stating, aHe could go ahead and do it
[pardon him] but the advice is to wait and at least until sentencing.a Of course, the foregoing is a
logically absurd proposition and construct because any sentencing will now be driven by and a
function of the promised pardon of which the trial court is acutely aware. Therefore, it is a
logical fallacy to publicly tell a trial court that the defendant due to be sentenced will be
pardoned after sentencing, and then expect that the court will thereafter impose a sentence that is
not driven by and without consideration of the looming pardon. Such a situation at sentencing
would be unprecedented in American jurisprudence.

Donald McGahn II, White House Counsel
August 25, 2017
Page Two

Also, as you should be aware, a pardon is not procedurally effective in connection with a
trial matter until it is filed with the court. Given that sentencing is scheduled on a Friday,
waiting to issue a pardon until after sentencing leaves open the very real scenario for Sheriff
Arpaio to be sentenced, handcuffed, given a aperp walka and incarcerated on Friday, October 5,
2017, and left to languish in federal custody until such time as a pardon is issued, accepted, and
filed with the court, and thereafter recognized by the court. Consequently, any delay of a pardon
until after sentencing would only serve to exacerbate the injustices that have been suffered by
Sheriff Arpaio
The trial court already and recently demonstrated its disregard for the constitutional rights
of Sheriff Arpaio when it delivered its verdict via email to Sheriff Arpaioas counsel rather than
deliver its verdict in court to him as required under the due process and confrontation clauses of
the Constitution. Worse yet, the court prior to that acknowledged that Sheriff Arpaio does not
use email and thus knowingly delivered the verdict in such a manner that was designed not to
reach him until long after the media had it, which was in fact how Sheriff Arpaio found out about
the verdict a from a reporter! See United States v. Canady, 126 F.3d 352, 364 (2d Cir. 1997) that
is directly on point. Given the foregoing disregard by the trial court for Sheriff Arpaioas
constitutional rights, it is not unforeseeable that the court would exact retribution at sentencing
on Sheriff Arpaio because of a prospective pardon.
Sheriff Arpaio was very thankful for the kind words spoken by the President on Tuesday
and those words were very encouraging to this 85 year-old retired law enforcement officer,
veteran and patriot who is guilty of nothing more than protecting the citizens of this great
country and enforcing the law. Sheriff Arpaio wants me to particularly emphasize that he
continues to have a great respect for the President and continues to give unwavering support to
the President regardless of anything that happens in connection with a pardon. And I can
personally tell you that is exactly the type of stand up person that Sheriff Arpaio is. However, as
legal counsel for Sheriff Arpaio, I must address the CBS News article and its contents. We do
not want the good intentions of the President hijacked by the mainstream media, partisan politics,
entrenched civil servants, and any desire they may have to thwart and derail the Presidentas

Most respectfully,

Mark D. Goldman
Mark D. Goldman
Goldman & Zwillinger PLLC
17851 North 85th Street, Suite 175, Scottsdale, Arizona 85255


Trump has been advised not to pardon Joe Arpaio yet - CBS News






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By MAJOR GARRETT / CBS NEWS / August 23, 2017, 10:46 PM

Trump has been advised
not to pardon Joe Arpaio
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Sources involved in the process tell CBS News that President Trump has been
advised not to pardon former Maricopa County Sheriff Joe Arpaio before he is
sentenced for contempt.
As a legal matter, White House lawyers believe the contempt charge is reversible
because, they say, the federal court order Arpaio ignored -- which served as the
basis for the contempt charge -- is unconstitutional. The federal court said in 2016
Arpaio's policy of using traffic stops and workplace raids to find suspected
undocumented immigrants constituted racial profiling. He was convicted in July
for ignoring a U.S. court order to stop traffic patrols targeting immigrants.

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The White House legal team has also advised Trump to wait for sentencing under
the belief the sentence could be lenient and not include any jail time for Arpaio.
Sentencing is scheduled for Oct. 5.
In response to a report by CNN that the documents for a pardon have already been
completed by the White House, the sources vehemently denied any paperwork or
supportive talking points have been prepared for an Arpaio pardon. The
discussions, the sources said, have been lively, and Trump has been very involved.
"He could go ahead and do it but the advice is to wait and at least until
sentencing," one source said. "The hope is he let's the process play out some
At his campaign-style rally in Phoenix Tuesday, Mr. Trump hinted that a pardon
for Arpaio could be coming.
"He's going to be just fine," Mr. Trump said. "I won't do it tonight because I don't
want to cause any controversy, okay? But Sheriff Joe can feel good."
A(c) 2017 CBS Interactive Inc. All Rights Reserved.

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