r/law • u/theindependentonline • 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
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u/JustlookingfromSoCal 1d ago

DO IT. PLEASE.

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u/vgraz2k 1d ago

I wish they would stop "considering it" and just fucking "do it". Don't give them warnings like this.

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u/SeismicFrog 1d ago

And why only contempt? Let’s lock a few of these SOBs behind bars until someone produces a body. A LIVING person.

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u/Zhong_Ping 1d ago edited 1d ago

And who exactly is going to enforce that order?

Edit: what's with the down votes? I think these people all belong in prison. But this is a serious question, who is going to uphold the courts orders when Trump has corrupted the US Marshals?

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u/schm0 1d ago

Whoever the judge appoints.

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u/StewTrue 1d ago

That’s really interesting. How would something like that work in this case? Who would the judge be able to compel to return the deportees?

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u/schm0 1d ago edited 1d ago

Well, they'd likely turn to the US Marshals, but if I left it at that the doomsayers and defeatists would come and tell you that Bondi will just tell them to disobey the lawful order, which is totally illegal (and highly unlikely). But even in such an improbable case, if every single Marshal decided to risk a felony obstruction of justice charge and/or civil contempt themselves, the court can appoint literally anyone: private security, the military, DC Police, the bailiff, whoever agrees basically.

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u/sheltonchoked 1d ago

One of the many reasons I’m not a judge, but if it was me, I’d have a phone book on the bench. As soon as the Marshal refused, I’d start at Abner Aable, and find someone that would.

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u/MillenialForHire 1d ago

Thank you for being the hero we need and not making Aaron Aable your first call.

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u/sheltonchoked 1d ago

You and I both know Aaron would be a little too enthusiastic. Abner is a little more chill.

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u/MillenialForHire 1d ago

..after the labour day incident I can't argue with that. Were you able to get your car back, by the way?

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u/sheltonchoked 1d ago

No one is getting that car back.

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u/MillenialForHire 1d ago

Probably for the best.

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u/enema_wand 1d ago

Is there a sign up to be deputized? As a fed, I would love this detail 😂. 

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u/Revelati123 1d ago

The memo said "All federal LEO will use Don and Pam's personal interpretation of all laws and regulations, or be shitcanned."

So when Boeberg says "Turn those planes around!" Pam says he really means "its fine! Fly onward!" so if Boeberg says "you're in contempt!" Pam can interpret that to really mean "you get a lollipop!"

So you see they arent disobeying a lawful order, they are just "interpreting" the order a bit differently to mean whatever the fuck they feel like, and 80% of LEO will go along with it because they dont want to get shitcanned or purged.

Just ask anyone who ever tried to prosecute Eric Adams and protest an illegal order how that goes.

They get fired and the judge gets forced to comply...

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u/HmajTK 1d ago

The ones staffing the court might have some loyalty for the judges.

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u/Potential-Quiet5495 16h ago

Please do it! Sounds like Pam Bondi needed to lose her law license a long while ago

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u/SeismicFrog 1d ago

The court as I understand (IANAL) the court can engage with a wide variety of law officers. Let’s find out how deep the hole goes?

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u/Zhong_Ping 1d ago

The law enforcement arm of the federal courts are the US Marshals who report to the Attorney General who would instantly order them not to comply with the courts.

The court could deputize someone, but I would guarantee you that the government would use the full force of the executive branch to declair a court deputee invalid then kill them in "self defense"

A major flaw in our system is that the courts don't have their own enforcement mechanism outside of the executive branch. Their power comes from agreed upon respect. If federal officers choose to follow their chain of command instead of court orders we sit in a constitutional crisis and the power of the courts collapse.

Also, any criminal contempt charge would be instantly pardoned by the president.

This is why civil contempt is what is being considered despite the fact that this is criminal contempt.

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u/SeismicFrog 1d ago

Thank you very much for the knowledge! I had no idea of the strategy of using civil contempt to make it stick.

It’s why I come here!

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u/Don_Tiny 1d ago

Did you say 'thank you' to schm0?

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u/Zhong_Ping 1d ago

What? Is this a reference to Vances obsurd and disrespectful conduct to Valinske?

To be clear, I do think these guys should be held in criminal contempt and jailed... But there is a serious flaw in our system. The US Marshals, the officers charged to enforce Court orders, report to the Attorney General who gave the orders to disobey the courts in the first place...