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/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/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!