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If the Marshals Go Rogue, Courts Have Other Ways to Enforce their Orders (www.democracydocket.com)

submitted 2 days ago by [email protected] to c/[email protected]

32 comments fedilink hide all child comments

The Supreme Court has long held that “a pardon cannot stop” courts from punishing cases of civil contempt. And while the marshals have traditionally enforced civil contempt orders, the courts have the power to deputize others to step in if they refuse to do so.

This authority is recognized in an obscure provision of the Federal Rules of Civil Procedure, which govern proceedings in federal trial courts. Rule 4.1 specifies how certain types of “process” — the legal term for orders that command someone to appear in court — are to be served on the party to which they are directed. The rule begins in section (a) by instructing that, as a general matter, process “must be served by a United States marshal or deputy marshal or by a person specially appointed for that purpose.”

The next section, Rule 4.1(b), is entitled, “Enforcing Orders: Committing for Civil Contempt.” It sets some geographical limits for where “[a]n order committing a person for civil contempt of a decree or injunction” may be served based on the federal vs. state nature of the underlying lawsuit. But it does not say who may enforce such an order, and it never modifies the general rule that process may be served by a marshal, deputy marshal or person specially appointed for that purpose. Thus, by its plain terms, Rule 4.1 contemplates that the court may appoint individuals other than the marshals to enforce civil contempt orders.

Archived at https://web.archive.org/web/20250317014025/https://www.democracydocket.com/opinion/if-the-marshals-go-rogue-courts-have-other-ways-to-enforce-their-orders/

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[–] [email protected] 23 points 2 days ago (1 children)

Your comment is just fearmongering to discourage resistance against his tyranny.

A lot of that going around lately, including telling people that the way they plan on resisting is "doing it wrong."

[–] [email protected] 3 points 1 day ago (1 children)

There's huge amounts of tone-policing anytime someone mentions active resistance or even non-compliance. Well, they might see some things that offend their delicate sensibilities, so they should stay home and let serious people deal with matters by any means necessary.

[–] [email protected] 2 points 1 day ago* (last edited 1 day ago)

I've actually dealt with the opposite from keyboard warrior freedom fighters who chide me for wanting to do things like create parallel systems of mutual aid so that when the violence inevitably comes we have systems to support and take care of one another.

To quote a recent reply to me:

Think Blackwater is really going to let you have your little garden?

Not everyone has the capacity to be a fucking freedom fighter. Many of us are already physically disabled but these fucking chumps want me to go buy a gun, figure out how to afford training somehow even though I'm in poverty, and storm the capitol or some stupid shit.

Guess what, chumps, it takes a diversity of tactics and you need support systems like community doctors and community food to keep anything and anyone alive. You can't fucking eat bullets, but I guess I'm stupid for wanting to have a plan.

serious people deal with matters by any means necessary.

Precisely, serious people have plans and don't run in guns blazing like Meal Team Six.