Lawfare Daily: David Noll on Civil Contempt Against a Defiant Executive
The Lawfare Podcast15 Heinä 2025

Lawfare Daily: David Noll on Civil Contempt Against a Defiant Executive

Alan Rozenshtein, Senior Editor and Research Director at Lawfare, sits down with David Noll, a Professor of Law at Rutgers Law School, to discuss his new Lawfare Research Report, “Civil Contempt Against a Defiant Executive.” They talk about the widespread assumption that the judiciary is powerless if the executive branch chooses to defy court orders, largely because enforcement mechanisms like the U.S. Marshals Service reside within the executive branch.

Noll argues that this view is mistaken and overlooks the significant enforcement powers the courts possess that are independent of the executive. Noll and Rozenshtein discuss non-custodial sanctions like stripping officials of immunity, levying substantial personal fines, and imposing professional discipline. They also explore the arrest power, noting that the U.S. Marshals have a statutory duty to enforce all lawful court orders that may supersede a presidential directive, and that courts retain a historical power to appoint their own deputies to enforce contempt citations if the Marshals were to refuse. Noll concludes that a conflict between the branches would likely be more protracted and contested than is commonly believed.

To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

Support this show http://supporter.acast.com/lawfare.

Hosted on Acast. See acast.com/privacy for more information.

Jaksot(2859)

Lawfare Daily: The Legal Fallout After a Fatal ICE Shooting in Minneapolis

Lawfare Daily: The Legal Fallout After a Fatal ICE Shooting in Minneapolis

Lawfare Senior Editor Anna Bower speaks with fellow Senior Editors Eric Columbus and Mike Feinberg about the fatal shooting of Renee Nicole Good by an ICE officer in Minneapolis. The discussion covers...

9 Tammi 40min

Scaling Laws: A Year That Felt Like a Decade: 2025 Recap with Sen. Maroney and Neil Chilson

Scaling Laws: A Year That Felt Like a Decade: 2025 Recap with Sen. Maroney and Neil Chilson

Connecticut State Senator James Maroney and Neil Chilson, Head of AI Policy at the Abundance Institute, join Kevin Frazier, the AI Innovation and Law Fellow at the University of Texas School of Law an...

9 Tammi 54min

Rational Security: The “Caracas Like a Hurricane” Special Venezuela Edition

Rational Security: The “Caracas Like a Hurricane” Special Venezuela Edition

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Natalie Orpett, and Molly Roberts for a special deep-dive into the intervention in Venezuela, including:“A Hop, Skip, and Jump Ac...

8 Tammi 1h 5min

Lawfare Daily: Mary Clare Jalonick on ‘Storm at the Capitol’

Lawfare Daily: Mary Clare Jalonick on ‘Storm at the Capitol’

Senior Editor Michael Feinberg and Associated Press reporter Mary Clare Jalonick sit down to discuss Mary Clare’s oral history of the events of Jan. 6, “Storm at the Capitol.” The two reflect on their...

8 Tammi 47min

Lawfare Daily: The Trials of the Trump Administration, Jan. 5

Lawfare Daily: The Trials of the Trump Administration, Jan. 5

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Scott Anderson, Michael Feinberg and Eric Columbus and Lawfare Associate Edi...

7 Tammi 1h 20min

Lawfare Daily: Jan. 6, 2026: Five Years of Congressional Action and Inaction

Lawfare Daily: Jan. 6, 2026: Five Years of Congressional Action and Inaction

Today is the fifth anniversary of the Jan. 6, 2021, attack at the U.S. Capitol. That day marked the beginning of a reckoning across the entirety of the U.S. government. How did this happen? What does ...

6 Tammi 1h 4min

Lawfare Daily: The U.S. Strike on Venezuela and Capture of Nicolás Maduro

Lawfare Daily: The U.S. Strike on Venezuela and Capture of Nicolás Maduro

During a live YouTube discussion on Jan. 4, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editor Scott R. Anderson, Foreign Policy Editor Dana Stuster, and Public Service Fellow...

5 Tammi 49min

Lawfare Archive: How the FCC is Tackling National Security with Enforcement Bureau Chief Loyaan Egal

Lawfare Archive: How the FCC is Tackling National Security with Enforcement Bureau Chief Loyaan Egal

From October 9, 2024: For today’s episode, Loyaan Egal, the Chief of the Enforcement Bureau at the Federal Communications Commission (“FCC”), sat down with Lawfare Senior Editor and General Counsel Sc...

4 Tammi 55min

Suosittua kategoriassa Politiikka ja uutiset

aikalisa
ootsa-kuullut-tasta-2
politiikan-puskaradio
tervo-halme
rss-ootsa-kuullut-tasta
viisupodi
rss-vaalirankkurit-podcast
rss-podme-livebox
rss-asiastudio
otetaan-yhdet
the-ulkopolitist
et-sa-noin-voi-sanoo-esittaa
rss-tasta-on-kyse-ivan-puopolo-verkkouutiset
rss-kaikki-uusiksi
rss-hyvaa-huomenta-bryssel
rss-kiina-ilmiot
linda-maria
rikosmyytit
radio-antro
rss-polikulaari-pitka-kiekko-ja-muut-ts-podcastit