Arpaiol counsel Larry Klayman filed a Motion for Reconsideration less than 24 hours later, saying that the judge had made a "politicized decision". Judge Royce Lamberth was nominated by President Ronald Reagan.
Arpaio and Klayman have filed multiple defamation lawsuits against media entities that had classified him as a "convicted felon" as a result of him being held in criminal contempt of court before being pardoned by President Donald Trump. This action had been previously dismissed because there was nothing supporting "actual malice", and yesterday's Order indicates that Klayman "repackaged" the same facts and arguments.
While the judge dismissed the present case based on "res judicata" (i.e. if a claim was previously decided, you cannot re-bring it), he declined to sanction Arpaio and his counsel.
"Although the Court agrees with the HuffPost defendants that this case is frivolous, plaintiff’s decision to initiate Arpaio II is not as egregious as the plaintiffs’ actions in (previous cases). The Court is not convinced that plaintiff filed this case for an improper purpose. Rather, the filing of this case seems to be the result of a legal miscalculation, which the Court corrects today by dismissing the case."Arpaio is running in the Republican primary in August to try to reclaim his Sheriff's badge in November.
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