Tag Archives: donaldo trumpez

federal courts vs. the executive branch

I wondered what happens when a federal judge issues a contempt order.

“Well, the court, a judge, has tools available to him or her,” Gertner said. “In the first instance, they can cite the parties in front of them for contempt. They can impose fines, of course. Since one of the parties arguably here is Elon Musk, it’s not clear that fines are going to make a particle of difference. There’s even the possibility of imprisoning someone until the order is followed…”

“All of these are obviously empty threats with respect to the defendants,” she said. “In this case, the marshals would have to enforce whatever orders the judge entered. The problem is that the Marshals Service is under the Department of Justice, and if Trump wanted to fully not comply, he could direct the Department of Justice not to comply.”

If a state judge issued a contempt order against me, a local police officer or county sheriff’s deputy or state police officer would show up at my door. At the federal level, this would be a U.S. Marshall apparently. But the U.S. Marshalls fall under the Department of Justice. If the President ordered the Attorney General not to comply with a court order, the Attorney General would have an awkward decision to make. Presumably, every agency is going to have a team of lawyers giving them advice on the potential consequences of various courses of action, and they are going to make their decisions. Even then, one wonders if the President could pardon someone (even himself) issued a federal contempt of court order. Or appeal to the Supreme Court, and then we find out if they are as corrupt as some of us suspect they are. At this point, the Constitution is done and the next steps would have to be mass civil action or a military coup. All these things seem unthinkable in the United States, but the trend seems to be toward increased thinkability.