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Arpaio was found guilty of contempt of court in 2017 because he had continued to carry out immigration arrests after being ordered to arrest him. But before his conviction, President Donald Trump pardoned Arpaio, eliminating any possible punishment.
Arpaio then decided to also remove the verdict of guilty. The district court, however, dismissed Arpaio's application, a decision which he appealed.
At the Ninth Circuit Court of Appeal, the Department of Justice stated that it did not intend to defend the court order that had been issued against Arpaio.
The Court of Appeal appointed Christopher Caldwell, a lawyer at Boies Schiller, as "special prosecutor".
Seeking to challenge this appointment to the Supreme Court, Arpaio asked the judges to reconsider the 9th Circuit's decision that allowed a "special prosecutor" to supplant the GM. He argued that this violated the separation of powers.
The Department of Justice told the judges, however, that even though the 9th Circuit did not have the power to appoint the prosecutor, they should not intervene at this stage – a position they subscribed to.
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