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A federal appeals court will name a special prosecutor to argue that the guilty verdict against former Maricopa County, Ariz., Sheriff Joe Arpaio should remain on the books despite President Trump’s pardon.

BuzzFeed News reported the U.S. Court of Appeals for the 9th Circuit ruled Tuesday that, since the Justice Department won’t defend Arpaio’s conviction for contempt, a special prosecutor is needed.

The article goes on to state the following:

Arpaio, an ally of Trump’s who is running for the Senate seat being vacated by Jeff Flake (R-Ariz.), reportedly said the appointment is “totally improper” and represents an “accusatory role” for the court.

Arpaio had been accused of racially profiling Latinos in his hardline immigration enforcement as sheriff. He was convicted of criminal contempt for disobeying a federal judge’s order regarding detaining people suspected of being in the U.S. illegally.

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