I suggest everyone become very, very familiar with this piece by law Professor @david.noll.org. I suspect you will be referring to it often. www.democracydocket.com/opinion/if-t...
I suggest everyone become very, very familiar with this piece by law Professor @david.noll.org. I suspect you will be referring to it often. www.democracydocket.com/opinion/if-t...
Thanks. I wish I could say I’m enjoying the legal education you provide, but the terror of the regime prohibits it. I do appreciate it though!
Thank you Mr Elias and if I may add to those that think that the judicial branch has no power they might want to read this and this is just one example of their power remember there's three Co equal branches and they are all checked and balanced by the Constitution and is enforceable
What if the courts allowed mercenaries and “Dog the bounty hunter” types to arrest people in the govt? Maybe we all just stand back and let the sith fight the death eaters. 🤷
Sharing the shit out of this! Thanks, Marc! 💪
Turning traitor for an orange jackass that doesn't even have any respect for the Marshals.
Every option should be on the table right now!
“If the courts have the courage” sticks in my brain after reading this.
Yup this for me was the money line or money shot. They won't until it is too late....
Hol’ up. If the federal marshals don’t follow their oath our last hope are the roving bands of armed thugs we call bailiffs and jailers over at the local sheriff’s office??? Wow. We really ARE fucked, aren’t we?
I believe with an assist from the American public, it can happen
Hey, I have firearms but they’re no match for fully automatic rifles, ya know?
They’re accountable to the court it said.
There are less than 4,000 deputized U.S. Federal Marshalls. That's a weekend job.
There is one valuable lesson Trump has taught us. A lesson that I hope the Democrats will take to heart. We can drastically change our country for the better in just a few months. #Obama's admonishment that change takes time was total BS.
This the the key paragraph: "individuals from court security officers and probation officers to local police and sheriffs have the training and experience to bring contemnors into court. And unlike the marshals, these individuals would be responsible to the court alone".
Too many local police are loyal MAGAs.
Well, I think they could go shopping around geographically, depending on the case.
📌 But will they do what they can?
I'm going to read it right after I finish reviewing all of the posts here.
Me too I’m so confused🤦🏻♀️ Keep me in the loop, please !
👏👏👏
📌
Let's go!
We are currently occupied by russia. impeach felon 47, aka krasnov.
rogue elements are now running the country, with no one to stop them. it’s only a matter of time before a colossal failure or a major act of terrorism exposes the incompetence of this so-called government. Whatever happens, it will undoubtedly go down in history as a catastrophic moment!
And his cabinet of Russian assets.
Can you explain this in 4th grade language?
This! This needs to happen. Call on the US Marshals if you’re a federal judge. If they refuse or do nothing, appoint others to do the enforcement. The US Marshals have a long history, are they still honorable? Will they do their sworn duty? If not, take their tin star and give it to someone who will
Yep. Courts have the authority to impose sanctions for civil contempt (not pardonable), in amounts sufficient to compel compliance, e.g. $10k per hour against every individual who defies an injunction or TRO. The court can appoint receivers to start attaching assets until there is compliance.
This may be the most promising solution, but Pam Bondi will go after those appointed with trumped up charges. She has no trouble lying to the American public.
Let her do it. No jury in D.C. would ever convict in such a situation. Moreover, for bringing such frivolous charges, she could be personally sanctioned under Rule 11 (look it up) and subject to disbarment.
Actually, I'm wrong about Rule 11 - sorry. It only applies in civil proceedings. I don't know of any rule of criminal procedure that is the equivalent. But the rest of my comment is correct.
Good. Was wondering about exactly this in relation to would Stephen Miller be held in contempt. Of course, this says civil contempt so what are the possible punishments? Can someone be jailed on a civil charge? Seems doubtful. If not what can be done to compel obedience?
He talks a lot, but has he done anything actionable? Has he been responsible for orders not being carried out?
I would think he's responsible for the entire policy.
Sounds like it’s time for the Courts to enlist the freedom-loving-flip-side-version of Eric Prince who is apparently the man behind the screen in this deal with Bukele… for an enforcement arm of their own.
So basically, we are going to have to start hiring bounty hunters to bring in members of the regime who have a judgment against them. SCOTUS would have to actually grow some balls for that to happen.
Deputize Arnold.
This is very important in light of Trump's efforts to block enforcement by the courts.
"Not an insurmountable obstacle," is doublespeak for, "not totally impossible but extremely unlikely."
According to a recent Mother Jones article, Musk is already doing it...so they may have conveniently broken that legal precedent FOR us and made it a lot more surmountable. 👍
It may already be time.
thank you again .. it was a wonderful read... and i would think that if a Marshal refuses the court, they too could be held in Contempt, same with Blondie.. with the contempt amount appropriate enough to compel action..
THANK YOU..
That is very good to know as it helps to easy the feeling that the current occupant of our White House and his sycophants can be stopped!
I meant it helps to ease the feeling that they can’t be stopped! (Note to self: read before posting! Lol!)
“Perhaps more important, courts’ power to appoint individuals other than the marshals to enforce civil contempt orders is consistent with the broader law of contempt. A through theme in that law is the necessity of courts having independent authority to punish contempts to protect the rule of law.”
📌
Ok let’s pretend the Marshalls go rogue, court retains its own psuedo marshalls. They drag Leavitt, Miller, Ensign into court. Civil judgment. So they go to jail? No. Fined big $? In this griftopia who cares. And after all that? The men are still in the camps and more follow. How does this work???
They are held in jail until they comply
I really wasn't expecting to be at this point on day 85 of this nightmare. I guess this is the new operation Warp Speed, except this time, instead of vaccine production, it's Dictatorship production.
And let’s not lose sight of the other train wreck we are speeding toward on a parallel set of tracks. Musk’s criminal hacking squad w access to IRS data of 7-12mil undocumented immigrants. They will drag this case out long enough to have that system ready to go to round those people up 4 the camps.
Not just IRS immigrants, they grabbed huge amounts of labor, worker, and union data, too. This one's gone under the radar so far but it's scary: www.youtube.com/watch?v=Tsqg...
In a way, it’s better than the alternative. If these were smarter, more nuanced fascists, they would’ve slow-rolled all of this stuff, & counted on bread & circuses to keep the majority of people distracted until it was far too late.
By trying to speedrun the transition from Weimar to Final Solution, these bastards have planted the seeds of their own downfall. But it won’t happen by itself; all of us have a duty as Americans and defenders of freedom to stand up and resist all of this in every way we can! 🇺🇸🇺🇸🇺🇸
I wish i could be so optimistic. You are assuming they are stopped. If they clog the courts like this, and even if the courts speed up, its still tons of overrunning, and we end up in the bad place, with 3.5 yrs left to destroy things.
We’re running at about the same pace as Nazi Germany.
A group of federal judges should get together, dig into the deepest and dusty law books and appoint maybe 200 trusted law enforcers and empower them with wide ranging warrant powers from the courts. Give them more powers than the US Marshals. Like a new police force.
rogue elements are now running the country, with no one to stop them. it’s only a matter of time before a colossal failure or a major act of terrorism exposes the incompetence of this so-called government. Whatever happens, it will undoubtedly go down in history as a catastrophic moment!
Some things are going to collide head on. Truth & justice with lies & hatred. Even Putin's Russia makes a pretence of due process, before jailing people or sending them to gulags. Trump doesn't have the cards. It's a tower of cards he's built.
Thank you, Marc for all you do for us! You are amazing and you are very appreciated!
This is an awesome read. It really gets. You understand we’re not in defensible. We do have options. We have tools if only the judiciary has the balls to do it!
The way things are going we'll see if this tool from the toolbox is used or not sooner than later.
Not sure I’m holding on to any hope that local law enforcement would be any more inclined to help the courts..
The supreme court will have no courage to deputize anyone else if the marshals do not comply with their orders. Six of the justices are behind this hellscape we find ourselves in now.
Yes, but they essentially refer it back to a lower court, and now they have the power to deputies. Hopefully they will use it. I think the question will be, who gets the civil contempt? Homan? Bondi? Rubio? Members of their staff? All three?
*deputize
I vote all 3. Shame Trump probably wouldn't be included.
So ultimately POTUS can thwart any attempt to execute criminal contempt but not civil contempt? Which leaves us all where exactly?
How weak is Trump’s America, that we can’t even get one man returned to us from El Salvador?
And when the object lessons start, showing that accepting deputization and acting on the court's orders will earn them a free trip to El Salvador, then what?
Harvard's blowback against Dump will be civil and enforceable against the Administration by federal marshals OR OTHER COURT APPOINTED ENFORCEMENT. The court will have to move fast.
Ugh
I hope all civil servants shut this whole thing down. That's our only hope short of violence IMHO.
rogue elements are now running the country, with no one to stop them. it’s only a matter of time before a colossal failure or a major act of terrorism exposes the incompetence of this so-called government. Whatever happens, it will undoubtedly go down in history as a catastrophic moment!
📌
Not very promising.
They are SCARED of setting precedents. So nothing WILL happen.
📌
Thank you! I was wondering how this could occur!
I know of a situation where a friend of mine was tracked down by the ombudsman because he was never able to be found for an outstanding civil warrant…he was sort of a roamer, no phone and an “off the grid” kind of guy but he was eventually found at a workplace…
So, the courts can "enforce" charges civil contempt. But what remedies are available? What is the enforcement process? Does the process end up at the SCOTUS, where everything in the lower courts is (probably) nullified?
War is upon us - Aragon , LOTR It is time for a new Boston Tea Party. Except we will be fighting own government.
How about we the citizens just place the Wide Load Delinquent Orange Mummy and his accomplices under citizen’s arrest?!
I’ve heard rumors that Blackwater is making a play to be involved in arrests and ‘deportations’ to prison camps. I have no idea how we could hold THEM accountable. …. I’m sure the idea of a sort of private mercenary army, accountable only to him, is one of trump’s wet dreams.
Freaking Gestapo is what it will be.
I am aware that courts can "deputize" people to enforce a contempt order, but WHO IS WILLING and WHO PAYS THEM?
Will they do it? And when? How soon could we expect that scotus would force the El Salvador issue? And what would these deputies do to get that guy back?
📌
Come rogue into my home, mtherfkers!
Thank you for posting this. I don’t think that enough people realize that our democracy depends upon the federal courts holding against trump’s unconstitutional acts.
Oh HELL YEAH! I asked this question about a month ago and got trolled so hard! Then I heard Swalwell say judges can in fact deputize! AHAHAHAHA! Who's a dumbass now! [Running in circles punching the air] Go, judges, GO!
Will they though? I thought Judge Merchan would throw Trump in jail, but instead we find ourselves in a Constitutional crisis as we watch some dystopian nightmare play out in reality.
They have to. They have to! It's the last last last path. There's gotta be some judicial radicals out there willing to fight like a screech monkey.
APRIL 19th is our next Nationwide Protest. We did great the first time! We MUST to do even better this time! We WILL resist! We have to fight with everything we have! Bring your friends, family & neighbors. Share and make everyone aware.
This is what I have been wondering for months, thank you. Keep up the great info, it is needed. We pass it on.
Very good to know. I think a lot of people were afraid that nothing could be done because of Pam Bondis allegiance to Trump.
Is there any scenario where AG Bondi can be held in contempt, or possibly impeached? She’s obviously not fulfilling her roll as working to protect the people of the United States vs the president, and she seems to be a hindrance to the proper execution of the rule of law.
We are returning to the Wild West with bounties and deputized vigilantes.
If only we could go to that time where guns were not allowed in the towns…
Am buying a gun this week. Will be happy to serve.
Why buy one? If you're appointed, you'll be issued all the gear you need.
📌
Thank you! "...the courts have the power to deputize others to step in if they (the Marshals) refuse to do so."
Unfortunately, the courts really have no enforcement capability. That is the inconvenient truth. It’s nice to conjecture, but let me see them use it.
I've been worrying about rebellious marshals; thanks for this. Still seems precarious, but at least there's verbiage there that prepares for a future our precursors would never thing would have happened.
I sure hope so!
I hope so
No, they don't. You guys are fuct. Empire done.
📌
If we ever get out of this dictatorship there will be a lot of cleanup.. marathon folks.. stay the course
Another option - Let’s Make Tar and Feathering Great and Legal Again The public will do the deeds
Can I volunteer to carry out the orders of the court if the corrupt AG nixes the Marshalls to do it? Ask the public for volunteers and you will get mass assemblies of Democracy loving men and women who are will to obey the rule of law
Ride till your war pony sweats...we aren't taking this another day. You will see we wear steel.
📌
I read this when it first came out. I'm not smart enough to fully understand the wider context, but it makes me really nervous that we even need to read it. :/ Thank you for bringing it back into the light.
Civil contempt!!
We are at this point, I’m afraid.
📌
I wish we could sue the government for just doing a very shity job 😕
📌
Essentially what Trump & Republicans have created is a Constitutional crisis and turned USA into a banana republic, scrambling to figure out how to uphold the law.
And when the US Marshals protect said person and prevent the court deputized staff from bringing them in,then...? Seems this all is justvslowly postponing the inevitable and objecting that a gorilla cannot enter a boxing match, while the bodies stack in the ring.
Really interesting , could they nominate Miltary Police or any of the State forces instead of marshals ?
📌
Yes, deputies can be replaced if they don't or won't do their jobs!
Thank you! I've been writing about the importance of thinking 'outside the box' not to use any violence, but to be as subversive in a good way as the Regime is in a bad way. There has to be a way forward that doesn't allow for so much trampling of rights. Again, thank you @marcelias.bsky.social
“If courts have the courage…” I think we have seen quite clearly thus far that they do not.
Surely there are some patriotic marshals.
The "other person" could easily be a court security officer (CSO). They're all over the courthouse. There would surely be one in the courtroom.
Raises hand. I'll be happy to take anyone into custody that the court orders.
Could they just impound Air Force One and Marine One.
Great info Thanks Marc Elias
Can the Justice(s) also pick where the charged serves the contempt charge? Say like a prison in El Salvador?
Good to know.
Marc, thank you! And now I want to be officially deputized to enforce the court order. I don’t live near the East Coast, but I bet there’s 50-100 people more qualified to step in for me.
The Supreme Court gave Trump immunity. Think there’s a majority to attempt to enforce civil contempt charges on anyone in the Trump regime? Really? Cool, hope the Supreme Court goes for it
Maybe the 50 hearings are not needed when contempt is found. We are nowhere near this since the courts are not enforcing their orders.
Thank you
📌
Elias main point is this (courts can use other law enforcement to jail *civil* contempt offenders w/o the approval of the executive branch):
EXCELLENT SHARE! Thank you. We must share this as much as possible.
Oh, looks very interesting. Thanks for the share.
"If courts have the courage, the legal tools are there." I still fear it will come down to the people, but at least there are options on the table should someone find the courage to exercise them.
Let’s no forget that Federal LEOs, are a lot fewer than your local & state LEOs in any state. The federal gov’t frequently deputizes local LEOs when doing crow control or criminal ops. They also use local jails to hold immigrants. The courts could deputize local LEOs as needed to enforce its orders.
The Constitution is under attack. The Rule of Law is under attack. Due Process is under attack. Freedom of speech is under attack. Democracy is under attack. The Courts need to react NOW! Congress is complicit.
All of this
Agreed 💯
💯
They seem to be taking the Merrick Garland wait and see approach. Unfortunately, we see where that got us 😡
Thanks for sharing & all that you do.
I wonder if DC police can be appointed ? And can state and local police be controlled by the Fed DOJ or by the states AG.Reps file in friendly areas , resistance could too if there's standing in that state. Can a state AG issue warrants for Fed DOJ members? The goose steps are getting louder.
State Police could be authorized to enforce contempt orders. As could bail bondsman.
📌
I think they would have a long line of people volunteering to be deputized by the courts if needed. Who wouldn't want to have the chance to throw one of the smug pricks from this regime in jail for civil contempt of court. People would pay for the privilege.
😂 Bidding war for a cabinet pick arrest.
Fit volunteers with body cams and sell the tapes to a PPV service.
It would be a huge hit. Imagine the numbers of views for one of his cabinet picks!
I'm old and disabled, I object to being ruled out of being deputized. Let them man handle an old white disabled lady - the optics would be worth it
Absolutely! Open to all I say, as long as we get to lock them up!
I was going to ask, where do I sign up to volunteer to be appointed?!
I would love to see that too!
We need to use it NOW including all enablers who are not following the Judges’ orders
📌
Thank you! ZOMG so tired of hearing “there’s nothing they can do.”
Great article by a prof at my alma mater!
If a US Narshall refuses, that person when things change should be terminated! Following orders was not a defense at the Nurenberg trails. ( likely mispelled that)
Thank you!
The “a person specially appointed for that purpose.” Who can use a gun, already owns one, and isn’t already on the wrong side, is the purple squirrel the country needs right now.
📌
📌💥
Case law for Wisconsin judges (like me) recognizes a court's 'inherent authority' to do what's necessary to protect the integrity of the court function. Thus, we can appoint bailiffs if local police won't provide a court officer. Anything similar federally?
The last sentence renders the entire opinion as a non-starter.
📌
It would be so less complicated if he just dropped dead.
It would seem it could end up to whoever has the most people with the most guns.
so ... where's this "enforcement?" have not seen a lick or none of that ... 😐
Civil contempt is where it's at and I'm sure one of the Court's security officers would welcome being deputized to arrest the violators.
Trump’s lawless people maybe even his hand-picked Secret Service (likely MAGA) would block any attempt to arrest him or his staff.
You don’t have to arrest turnip, just his enablers
All of them 💯. First his side kicks and then him.
I need to switch professions. This sounds fun.
They're not afraid of contempt. If they violate a court order, especially one dealing with civil rights, they lose qualified immunity as government officials. Then they can be sued personally, and for tons of money. Hurt their bank accounts. Money talks. BS walks. Sue them for everything.
Please continue reposting this. Everywhere.
Not so sure. The Court doesn't have its own security officers. The Court Security Officer program providing security to all federal Magistrate/District/Appellate etc. Courts is composed of contracts overseen by the U.S. Marshals, and I don't really see CSOs welcoming this moonlighting opportunity.
Here are some ideas... www.usnews.com/news/nationa...
Wow! That gave me a little more hope.
@marcelias.bsky.social - yeah I was wondering if we could do a citizen’s arrest
📌
Unless jailing for contempt charges occurs the contempt will continue. Considering that it won't be Trump in the cell I expect the contempt to continue
📌
45harley.github.io/CB/citizensb...
This is just utterly unconvincing.
It will take a total shutdown of the country. Enough people (almost all) would have to take to the streets until the administration gives in. Nothing less. I have a feeling this will happen. A small band of deputies would, as the song says “I shot the sheriff lalala”
We'll have to go South Korean on some @sses.
I guess you don’t live in Florida? 90% fascist here. At least, that’s how I feel living as a blue dot here. 😪😡
I am so sorry this is happening to your country. I live in Canada and we are all worried your country is turning into a Russian gulag. It’s not going to be easy to turn around. It never is.
We are worried about that too.
You can stop worrying that it might happen. Unfortunately, I think we are already there. I can’t tell you how many locals here are talking like they want them all (brown folks, I guess), gone. Don’t seem to care where.
They are not as many as you think. I’m from central FL. They are extremely loud there, yes. But they are no longer the tsunami of red that they were. The cities are purpling, Orlando is bluer.. look at the many protests all over that big ass state! Get out to one on 4/19 and go see for yourself 💙🌊💙
2000 of us protested in Charlotte County. It’s still Ruby MAGA here for sure. Happy to hear that some areas are getting better.
And more every day. I am in WI. my whole street had Schimel signs except me. Assholes insulting me when I tell the truth, Trump signs on the streets. But my city was where Musk came to bribe voters. Even though many people went to his event, my county was blue. Don’t lose hope. They’re just loudest.
Good on you. I always wondered why veterans would give trump the time of day after the disrespect he’s shown for the fine people who gave their lives.
I never ever ever supported trump, I new the Truth
Same here man I'm a native new yawker i always knew he was a scamming motherfucker shyster-scumbag!
Can you link the shirt? Where did you get it? I have been wanting a veterans against trump / I swore an oath one. THANK YOU FOR SHOWING UP!!!!’
📌
Thank You For Your Service
Thank you both for yours. ❤️🔥
You too!
Amazon or eBay can’t remember
📌
Thank you for posting this; “there must be something we can do” is on repeat in my head, and, I’m sure, that of others.
The issue of Pam Bondi controlling the marshals has been very worrying for me. Thank you for this wonderful article!
Oh for Christ sake-if anyone else pulled the crap trump is pulling they’d already be in leg shackles. This country needs to grow up and enforce the laws equally. Does the Constitution convey a demagogue president special compensation?
No, but SCOTUS does.
The system wants Donald to stay in power so they can use him to make themselves even richer and permanently in power. They'll be done with him once the rest of us are in slave pens and working for a sustenance that can't sustain us.
Can a court deputize a mob of people? I have a hilarious idea.
Oh, I am all in for that!
Thank you for letting us know this Marc. I don't know if I have much hope in this due to them letting this obvious traitor and his enablers get this far with this treasonous act against our Country for so long after all these years. They need to put a stop this before it gets much worse.
This is important!
GENIUS!!! I volunteer to be appointed! 🫡
📌
📌
Thank you Marc
So, what are the potential penalties for civil contempt? Fines? Or can the contemnor be jailed for some period in the court's holding cells?
I don't see how this helps. So this specially appointed person goes to grab the contemnor. But the contemnor, being a gov't official, is protected by US Marshals (or equivalent). So is there supposed to be some sort of massive gun battle?
Well, if it comes to that...yes
From what I've seen so far, the alternative seems to be that the US Marshal refuses the arrest by the specially appointed person (SAP). The SAP goes back to the judge who issues another sternly worded order that is ignored. I think people underestimate the depravity and contempt of the Trumpers.
yeah. I know. stern words, no action All Neville Chamberlains waving a piece of paper....
I think we have to accept that a rogue president - one who defies constitutional law - creates a state of anarchy. How the chips fall after that is purely an ethical or moral choice made by an enforcing agent/agency. To try to squeeze some rationale or authority from the law books feels redundant.
But necessary when no other option exists.
When this is over. And it will be at one point. Fascists always lose. I hope the world pauses and finds a better way to prevent these sorts of coups 💔
Specially appointed bounty hunters.
I think this would be great if indirect, yet if it ends up in the scotus, that's it. Who oversees the scotus other than Congress? These scotus justices either fear this pig in the White House or he's paid the price to silence them, threatening them with them being bribed, agreeing to his terms.
@generowzee.bsky.social Thought you might like to read this, if you haven’t already
Thank you!
You bet! Like I said, you already seem very knowledgeable in this arena, but nice to have as a reference. Cheers
Uh, Biden didn't purge the Secret Service or the FBI. It's hard to believe he Marshal's Service will be any less than all in on a coup.
They can deputize anyone from sheriffs to bailiffs, etc. it might be easier to enforce in blue states. I have a feeling Florida would protect them but maybe if they are in DC?
📌
Thank you, Marc!
📌
We need Americans to abandon trump and save our country. There are enough republicans capable of taking this step to make a huge difference.
I wonder if people are going to stop wondering if illegal orders won’t be followed. I do hope the bastards carrying out Trumps orders are made to face criminal justice. Can’t wait to hear the, “I was just following orders” defense being trotted out😡
Didn't work out well during the Nuremberg Trials!
Here’s hoping we can get to that point🙏
There is no United States to act as the defender of the free world. The United States has become an enemy to freedom.
deputize me, im old a veteran and don't give a fuck, but not too old
💪🫡 Thank you! My father, born in 1891 & honorably discharged USMC d/t wounded in action in WWI, returned to active duty in the South Pacific in WWII. I keep hoping for Veterans of similar honor & character to show up to defend the current assault on our democracy.
…show up to defend *against the current assault on our democracy.
Deputize me, I got nothing to lose. I lost it all already. If they take my disability and Medicare from me? And there are millions just like me.
Me too! And I'll bring zip ties!!
I'm in. I have more time behind me than ahead of me. I'll gladly stand on the front line to protect those with more time.
"If courts have the courage, the legal tools are there." That's a lot to unpack.
📌
they can deputize anyone to be an officer of the court.
Yeah, okay. Who are the courts going to deputize to take on the rogue Federal official? Especially if the executive branch decides to use one of their other police agencies to defend the rogue Federal official? Who gets deputized?
Spoiler alert…the courts will not have the courage to do this. And DOJ under Trump will inevitably oppose it with force and physically protect the person from any apprehension or detention.
Hopefully other forces are at work to counter turnip . Big rally on April 29 .
rogue elements are now running the country, with no one to stop them. it’s only a matter of time before a colossal failure or a major act of terrorism exposes the incompetence of this so-called government. Whatever happens, it will undoubtedly go down in history as a catastrophic moment!