Court orders being ignored or disregarded by Trump

  • Thread starter Thread starter superrific
  • Start date Start date
  • Replies: 208
  • Views: 4K
  • Politics 
My understanding is that Federal courts can order US Marshalls to arrest those who disobey court orders. Given that the SCOTUS vote was 9-0, is there any talk of Robert’s taking that route? How about jailing some of Trumps henchmen behind all this until the guy in El Savdor is returned? For as long as it takes.
 
Kingpin said:
My understanding is that Federal courts can order US Marshalls to arrest those who disobey court orders. Given that the SCOTUS vote was 9-0, is there any talk of Robert’s taking that route? How about jailing some of Trumps henchmen behind all this until the guy in El Savdor is returned? For as long as it takes.
Click to expand...
Courts have extremely limited ability to enforce orders through marshalls. They don’t run the jails. Moreover, Trump could pardon anyone he wanted to. It is not a fair fight if the executive is acting in bad faith. The main power the courts have is social persuasion.
 
Calheel said:
Courts have extremely limited ability to enforce orders through marshalls. They don’t run the jails. Moreover, Trump could pardon anyone he wanted to. It is not a fair fight if the executive is acting in bad faith. The main power the courts have is social persuasion.
Click to expand...
While this is overall correct, I believe civil contempt cannot be pardoned (as it's not a criminal offense) and it is the one civil offense (that I know of) that can lead to incarceration.

Also, I'm pretty sure that if a court wanted to jail a few people for contempt, it could find a way to do that. It could probably ask the state, for instance, to house them on a temporary basis. Who's going to overturn that? The judiciary?

Nonetheless, the prospect of imprisoning administration officials for contempt does seem remote.
 
You must log in or register to reply here.
Back
Top