Held in Contempt...Courts Can Summon a Posse of Law Enforcers...

Courts have power to do it - but will they have the 'courage' to follow it through?

The Sheriff's Posse is Looking for Contemnors to Round Up and Put Them in Jail

I wrote a piece a little over a month ago entitled ‘The Enforcers’ - explaining in detail how civil contempt can be used to bring those in the administration who flout the law to justice. Since I wrote that piece, the administration is personally attacking the judiciary - to intimidate them so that judges will be fearful to hold these lawbreakers to task. Now these would-be contemnors (those who should be held in contempt of court), have gone a step further. The DOJ and FBI are now arresting judges who they claim are harboring illegals or aiding and abetting them to evade arrest - claiming they are allowing illegals to go free. Is this just another means for Bondi and her team of democracy bandits to control the narrative and sensationalize the media? As I see it, only the judiciary is holding down a tattered democracy - the only branch of government standing in their way…

Six ICE-Men and Posse Cometh, to Apprehend One Unarmed Man

The recent debacle took place in Wisconsin, where a judge who allowed a man whom ICE was looking to apprehend, ushered him into the main hallway of the courthouse from the courtroom entrance reserved mainly for court personnel and potential jurors - averting an imminent spectacle of an arrest just outside her courtroom door. What she did was promote public safety, averting conflict where both civilians and law enforcement could easily get entangled, one that would surely breed apprehension and fear among courthouse staff and visitors. But the US DOJ’s criminal complaint against Judge Dugan, failed to mention all that once a criminal complaint was issued for her immediate arrest.

Yet the facts themselves are inescapable. The illegal alien Flores-Ruiz was not given any outside entrance to slip away - he and his attorney took a public elevator with an “aware” agent onboard. Why this man was not apprehended then and there? The criminal complaint as alleged by the DOJ and FBI against Dugan gives no rationale. When Flores-Ruiz was allowed to exit the courthouse, the illegal alien was then said to have run away, but then was apprehended by ICE and the FBI.

And surely the Judge’s obvious efforts to avoid anarchy at the entrance to her courtroom door didn’t seem to thwart US AG Bondi and FBI’s Patel’s people from slapping the cuffs on a sitting judge. It is clear, they wanted to make a spectacle and an example out of a judge - a female judge, as a not so subtle directive, for the rest of the male-dominated judiciary to take notice and cower. But in reality - this unwarranted arrest would accomplish the opposite. Citizens quickly gathered outside the courthouse, petitioning in favor of the release of the “elected” judge, while condemning the audacity and spectacle of those arresting her.

Putin’s Russia Has Arrived in America

So what can judges do to give law enforcement some perspective? It is no secret, arresting judge’s and hauling them away to jail, is what they do in Putin’s Russia - it’s not what is done in America… Now that the writing is not only on the wall - but through it - Judges need to move fast to reclaim the rule of law that seemingly has been lost. This is most apparent where Congress fails to act, and the executive branch apparently has gone rogue. Justice can no longer afford to move at the snails pace it has been accustomed for so long - as the Judiciary is the only functioning branch that is keeping America intact. Those who arrest judge’s - even if the judge’s are administering justice in a way that some people don’t like - the remedy is not to arrest the Judge, but to take a hard look at the facts, and see the process play out.

Now more than ever, Judge’s now have to hold the overzealous DOJ and Executive Branch lawbreakers accountable - by any “lawful” means necessary. Let’s start with those who should be held in contempt of court - especially those representing the DOJ for not turning planes around in “real time” - when receiving judicial orders - including those buffeted by the US Supreme Court. That under the Alien Enemies Act or any other act, it is unlawful to “disappear” people without Due Process - especially when sending them to foreign gulags. This is as unAmerican as it gets - especially troubling for those legally present, and those who had valid Visas - and most egregious, American citizens “mistakenly” sent away.

This is what the courts must do, as time is fleeting, and swift accountability must be had, and made perfectly clear.

18 U.S. Code § 401 - Power of court

A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as—

(1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;

(2) Misbehavior of any of its officers in their official transactions;

(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.

(June 25, 1948, ch. 645, 62 Stat. 701; Pub. L. 107–273, div. B, title III, § 3002(a)(1), Nov. 2, 2002, 116 Stat. 1805.)

This rule needs to be applied to the contemnor’s who are breaking the laws, and not the judge who was merely facilitating a man to reach a public space where he would be apprehended - avoiding the chaos and potential harm to citizens outside her courtroom door.

Here’s another rule on Criminal Contempt…surely those who ignored federal Judge Boasberg’s demand to turn planes around in the air flying with snatched people off the streets without due process and sending them to a gulag in El Salvador. That is surely something worthy of criminal contempt. People must realize, we are a nation of laws, whether one likes them or not - and they must be adhered to, so sayeth the US Supreme Court.

Here’s another rule on criminal contempt - albeit, one that gives the contemnor more time…

Rule 42. Criminal Contempt

(a) Disposition After Notice. Any person who commits criminal contempt may be punished for that contempt after prosecution on notice.

(1) Notice. The court must give the person notice in open court, in an order to show cause, or in an arrest order. The notice must:

(A) state the time and place of the trial;

(B) allow the defendant a reasonable time to prepare a defense; and

(C) state the essential facts constituting the charged criminal contempt and describe it as such.

What is most noteworthy is what I have pointed to before. The court has the power to appoint a prosecutor of its choosing, once the DOJ has shown itself to have gone rogue.

(2) Appointing a Prosecutor. The court must request that the contempt be prosecuted by an attorney for the government, unless the interest of justice requires the appointment of another attorney. If the government declines the request, the court must appoint another attorney to prosecute the contempt.

(3) Trial and Disposition. A person being prosecuted for criminal contempt is entitled to a jury trial in any case in which federal law so provides and must be released or detained as Rule 46 provides. If the criminal contempt involves disrespect toward or criticism of a judge, that judge is disqualified from presiding at the contempt trial or hearing unless the defendant consents. Upon a finding or verdict of guilty, the court must impose the punishment.

Now let’s talk about speed of making justice happen in real time.

(b) Summary Disposition. Notwithstanding any other provision of these rules, the court (other than a magistrate judge) may summarily punish a person who commits criminal contempt in its presence if the judge saw or heard the contemptuous conduct and so certifies; a magistrate judge may summarily punish a person as provided in 28 U.S.C. §636(e) . The contempt order must recite the facts, be signed by the judge, and be filed with the clerk.

Notes

(As amended Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.)

From the Criminal Resource Manual - CRM 500-999:

753. Elements of the Offense of Contempt

There are four essential elements under 18 U.S.C. § 401(1). They are: (1) misbehavior of a person; (2) in or near to the presence of the court; (3) which obstructs the administration of justice; and (4) which is committed with the required degree of criminal intent. United States v. McGainey, 37 F.3d 682, 683 (D.C. Cir. 1994). An attorney is not an "officer" of the court for purposes of § 401(2). In re Halloway, 995 F.2d 1080 (D.C. Cir.), cert. denied, 114 S.Ct 1537 (1993).

Of course, with regard to Judge Dugan, it will be very hard for anyone to prove that she had the requisite “criminal intent” although Pam Bondi is herself intent on trying to persuade the media and loyal Fox viewers of Judge Dugan’s intent without any evidence or trial.

18 U.S.C. § 401(3) there must be specific criteria for “wllfullness” for contempt

There are three essential elements under 18 U.S.C. § 401(3). They are: (1) there must be a violation; (2) of a clear and reasonably specific order; and (3) the violation was willful. United States v. Nynex Corp., 8 F.3d 52, 54 (D.C. Cir. 1993).

All the above takes place when distinguishing between types of contempt there are two broad categories: criminal versus civil, and direct versus indirect.

Criminal Resource Manual (CRM) 500-999

From the “Archives” of the US Department of Justice

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Additional rules that apply where criminal contempt arises “outside” the courtroom, not within it - one can argue the contempt occurred in the skies when the planes were ordered to be turned around - instead of at the time the attorneys lied to the judge in the courtroom about the location of the planes at the time the judge told them to turn the planes around…

42 U.S. Code § 1995 - Criminal contempt proceedings; penalties; trial by jury

In all cases of criminal contempt arising under the provisions of this Act, the accused, upon conviction, shall be punished by fine or imprisonment or both: Provided however, That in case the accused is a natural person the fine to be paid shall not exceed the sum of $1,000, nor shall imprisonment exceed the term of six months: Provided further, That in any such proceeding for criminal contempt, at the discretion of the judge, the accused may be tried with or without a jury: Provided further, however, That in the event such proceeding for criminal contempt be tried before a judge without a jury and the sentence of the court upon conviction is a fine in excess of the sum of $300 or imprisonment in excess of forty-five days, the accused in said proceeding, upon demand therefore, shall be entitled to a trial de novo before a jury, which shall conform as near as may be to the practice in other criminal cases.

Note: This section shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice nor to the misbehavior, misconduct, or disobedience, of any officer of the court in respect to the writs, orders, or process of the court.

Most Importantly - Nothing Can Deprive Courts of Their Power…

Nor shall anything herein or in any other provision of law be construed to deprive courts of their power, by civil contempt proceedings, without a jury, to secure compliance with or to prevent obstruction of, as distinguished from punishment for violations of, any lawful writ, process, order, rule, decree, or command of the court in accordance with the prevailing usages of law and equity, including the power of detention.

(Pub. L. 85–315, pt. V, § 151, Sept. 9, 1957, 71 Stat. 638.)

So whether the judges order civil or criminal contempt - the law makes it clear. Judge’s have power if they choose to use it. They can also select a prosecutor NOT affiliated with the DOJ; They can also put people in jail for contempt. And if the US Marshals don’t oblige, or defer to the DOJ and Bondi, the Courts have options to get their own posse. At this point, the choice is abundantly clear. The question is, When will Courts flex their judicial muscle? Or will they instead, abandon it altogether… If the people have their say, they can help sway public opinion - and hopefully the judiciary will follow suit.

→ To learn more about Civil Contempt and the “process” - refer to my article “The Enforcers” right here.

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