President Trump ended the contempt prosecution of Maricopa County, Ariz. Sheriff Joe Arpaio by granting a pardon. Arpaio then asked that his conviction be vacated. After the district court refused, Arpaio appealed, and the United States announced that it would not defend the ruling. By a vote of 2–1, the Ninth Circuit holds that a special prosecutor should be appointed to defend the ruling. In dissent, Judge Tallman bemoans “undoubtedly political attacks on Presidential authority.”
