The legal case of whether former metro Phoenix Sheriff Joe Arpaio will still have a criminal record despite his pardon by President Donald Trump is one step closer to moving forward after the U.S. Justice Department decided not to oppose the appointment of a special prosecutor named to defend a ruling by the judge who refused to erase Arpaio’s record.
The Justice Department said in a court filing Wednesday it would not ask the U.S. Supreme Court to review the appointment of the special prosecutor, clearing a key hurdle so the appeal over Arpaio’s record can proceed at the 9th U.S. Circuit Court of Appeals.
But Jack Wilenchik, one of Arpaio’s attorneys, said the former sheriff plans to ask the Supreme Court to review the order appointing the special prosecutor.
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