After President Trump pardoned controversial former sheriff Joe Arpaio, a judge dismissed his prosecution but did not vacate his conviction for criminal contempt of court. Federal prosecutors now say they will not defend the judge’s ruling on appeal. Does the court have the power to appoint a special prosecutor to do the job for them? Ninth Circuit: We see no reason why not. Dissent: Prosecuting is the executive’s job; you’re violating the separation of powers.
