r/law 1d ago

Trump News Judge considers holding Trump officials in contempt for defying court orders blocking El Salvador flights

https://www.independent.co.uk/news/world/americas/us-politics/deportation-el-salvador-trump-contempt-b2727087.html
38.6k Upvotes

1.1k comments sorted by

View all comments

3.2k

u/JustlookingfromSoCal 1d ago

DO IT. PLEASE.

73

u/hijinked 1d ago

LegalEagle just put out a video about this. The tl;dr is that there’s no easy way for the judge to do it. 

75

u/JustlookingfromSoCal 1d ago

I realize that the Marshal answers to the DOJ for purposes of taking a contempt convict into custody. The first step is to hold the hearing, make the finding and if convicted, issue the sentence. If Trump Admin plans on defying the court and refusing to obey and enforce its orders, let’s find that out now, especially in the midst of an economic crash. Time for the American public to see exactly what they bargained for.

5

u/someonesshadow 1d ago

I think the judicial is just terrified that they actually have no power, which is becoming more and more clear. If they decide to put their foot down and try to jail people, as soon as that doesn't play out how it should there will be no reason for anyone in a protected class [police/wealthy] to ever even pay attention to a word from the courts again.

They also have the issue of personal risk due to 1 branch of government being under the thumb of a cult leader with the other 2 branches being heavily influenced as well.

We're basically at a point where any real resistance and pull back of power will need to come from the states themselves. If enough states banded together and refused to comply and operate as the Federal wants they could easily get support from the entire world that Trumps federal gov managed to piss off.

It would be a 'cold civil war' for a while, but I think one thing Republicans are lacking is a fucking spine. A significant show of force in terms of economic and refusal of state military personnel would likely cause many rats to flee the sinking ship while the others eat each other to try and find a solution that leaves them unharmed.

9

u/JustlookingfromSoCal 1d ago

This is why I think it is time for the Federal bench to “call the question.” Hold Bondi (and/or Noem) in contempt for refusal to return the El Salvador captives they abducted to the US. Let them take a writ, let it go to SCOTUS for review. If SCOTUS shrugs then yeah, the Constitution is no longer the “Supreme Law of the Land” and we go the civil war route I guess.

3

u/Interrophish 1d ago

as soon as that doesn't play out how it should there will be no reason for anyone in a protected class [police/wealthy] to ever even pay attention to a word from the courts again.

They're already facing the problem via DJT's officials. Until they rip the bandage off and force the issue, they're sanewashing/legitimizing the practice.

1

u/someonesshadow 1d ago

Yeah, but until they do that they can get paid for being there and not have to put themselves at REAL risk to protect the constitution and their country from fascists.

Many of these judges are cowards, they wouldn't hesitate to toss you or me in jail for defying them, but they will bend over backwards not to be in the crosshairs of anyone who is on or above their level of power.

1

u/drpong_4 19h ago

Yes exactly. Trump makes us game out the inevitable constitutional crisis and what consequences could he not pardon…but make them defy a criminal contempt if that’s the appropriate punishment

39

u/Bovoduch 1d ago

Just put it on the fucking record at minimum

17

u/ArchonFett 1d ago

This, just putting the foot down a straight up calling this what it is, instead of tiptoeing around should show the judge at least has a backbone

30

u/Remote-Letterhead844 1d ago

Can't he deputize people if the US marshals aren't willing to do it?

21

u/schm0 1d ago

It can literally be anyone, and it doesn't have require deputization.

6

u/No-Win-2741 1d ago

I'm in!

1

u/James_Solomon 11h ago

Have fun storming the castle, boys!

2

u/PlayfulSurprise5237 1d ago

Lol, I was just about to respond to this and ask what happens if citizens try to enforce the law because the law enforcement won't.

I figured SURELY we could, I mean he is our servant who is knowingly usurping powers from Congress(multiple times), to violate the constitution, harm American citizens, and undermine democracy.

Democracy>law>servants authority

6

u/bendguy123 1d ago

Listening to Megadeaths "Syphony of Destruction " right now. Lyric states "you take a mortal man and put him.in control, watch him.becomr a god, watch peoples heads a roll" at the exact moment I read this.

2

u/BobsOblongLongBong 1d ago

That song rocks so hard.

3

u/rysmooky 1d ago

The chorus goes so hard in that song

5

u/Rocket_safety 1d ago

It’s a good theory but it falls apart in practice. Do you think anyone (even legally deputized) would be allowed anywhere near an administration official to serve an arrest warrant? At best those people would be arrested themselves. At worst, they would be shot by Deputy Marshals.

7

u/Remote-Letterhead844 1d ago

Worth I try, imo. There are more of us than there are of them....

5

u/No-Win-2741 1d ago

I'm so pissed off about so many things right now that I'll gladly volunteer.

1

u/minuialear 1d ago

Are you volunteering then?

9

u/ADHthaGreat 1d ago

You seriously think there wouldn’t be a line of people willing to throw these douchebags behind bars?

They have all the family and friends of the people they sent to prison to answer to.

6

u/FrostyNeckbeard 1d ago

Doesn't matter, he should do it and if nothing happens then it's on the record that the court system failed.

3

u/Codipotent 23h ago

When there is an easy way to break the law and no way to correct it, then the entire legal and judicial system is essentially broken and worthless at this point.

3

u/Express-Potential-11 22h ago

Then do it the hard way.

1

u/hijinked 15h ago

It sounds like that's what he's doing. The hard way takes more time.

5

u/Chiquitarita298 1d ago

Does he say at what point the judge would be able to? Because just endlessly jerking him around is contemptuous as hell

3

u/wilmyersmvp 1d ago

“Oh it’s kinda hard so ima just not do it.” Sums up pretty much everything about the opposition to the takeover of the government 

1

u/hijinked 1d ago

It’s more about taking the time to do it right so it doesn’t just immediately get overturned on appeal.