A federal appeals court said this week it will appoint a lawyer to argue that former Sheriff Joe Arpaio’s contempt of court conviction should remain on his record, despite President Trump’s pardon.

The 9th U.S. Circuit Court of Appeals said that since the federal Justice Department is supporting both the pardon and Mr. Arpaio’s request to have his conviction stricken, someone else needs to argue the other side.

Mr. Arpaio argues that the pardon came before he had a chance to appeal his conviction, and even before the federal district judge in the case had a chance to rule on his request that it be set aside. Opponents of the former sheriff of Maricopa County, Arizona, had said not only should the conviction stand, but the pardon should be deemed invalid because it subverted the justice system.

The district judge split the argument, ruling the pardon was valid but leaving the conviction on Mr. Arpaio’s record.

Mr. Arpaio has appealed, and the Justice Department has sided with him.

The 9th Circuit, in a 2-1 decision, acknowledged there’s no precedent for what it’s doing. “However, we see no reason why such appointment should not take place,” the court said in an order Tuesday.

It has yet to name the special prosecutor.

https://www.washingtontimes.com/news/2018/apr/18/9th-circuit-appoints-special-prosecutor-against-sh/