Lawfare Daily: David Noll on Civil Contempt Against a Defiant Executive
The Lawfare Podcast15 Jul 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.

Episoder(2866)

Lawfare Daily: The Offensive Cyber Industry and U.S.-China Relations with Winnona Bernsen

Lawfare Daily: The Offensive Cyber Industry and U.S.-China Relations with Winnona Bernsen

Winnona Bernsen, nonresident fellow at the Atlantic Council’s Cyber Statecraft Initiative and founder of DistrictCon, joins Lawfare Contributing Editor Justin Sherman to discuss her recently released ...

7 Jul 202540min

Lawfare Daily: The Trials of the Trump Administration, July 5

Lawfare Daily: The Trials of the Trump Administration, July 5

In a live conversation on July 3, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Legal Fellow James Pearce and Lawfare Senior Editors Anna Bower and Roger Parloff to discuss updates in ...

6 Jul 20251h 40min

Lawfare Archive: Itsiq Benizri on the EU AI Act

Lawfare Archive: Itsiq Benizri on the EU AI Act

From February 16, 2024: The EU has finally agreed to its AI Act. Despite the political agreement reached in December 2023, some nations maintained some reservations about the text, making it uncertain...

5 Jul 202543min

Lawfare Archive: Mike Johnson’s National Security Agenda

Lawfare Archive: Mike Johnson’s National Security Agenda

From November 7, 2023: You probably already know that Rep. Mike Johnson is the new Speaker of the House. What you may not know is that every single one of the issues on his plate is a national securit...

4 Jul 202549min

Lawfare Daily: Teun Janssen on Ukraine and a Big Europe

Lawfare Daily: Teun Janssen on Ukraine and a Big Europe

Teun Jansenn is a staff member at the European Parliament who works on issues of EU expansion and support for Ukraine. He joined Editor-in-Chief Benjamin Wittes to talk about the prospects of Europe's...

3 Jul 202551min

Lawfare Daily: Civil-Military Relations in the Trump Administration

Lawfare Daily: Civil-Military Relations in the Trump Administration

For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviews Lindsay Cohn, an associate professor at the Naval War College and Columbia University, to discuss the Trump administration's ...

2 Jul 202543min

Lawfare Daily: Prosecuting the Sahel's War Influencers with Lindsay Freeman

Lawfare Daily: Prosecuting the Sahel's War Influencers with Lindsay Freeman

On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with Lindsay Freeman, Director of Technology, Law & Policy at the Human Rights Center, UC Berkeley School of Law, to discuss her rec...

1 Jul 202543min

Lawfare Daily: The Trials of the Trump Administration, June 27

Lawfare Daily: The Trials of the Trump Administration, June 27

In a live conversation on June 27, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Legal Fellow James Pearce and Lawfare Senior Editors Anna Bower and Roger Parloff to discuss the Suprem...

30 Jun 20251h 51min

Populært innen Politikk og nyheter

giver-og-gjengen-vg
aftenpodden
aftenpodden-usa
forklart
i-retten
stopp-verden
det-store-bildet
fotballpodden-2
lydartikler-fra-aftenposten
popradet
rss-gukild-johaug
dine-penger-pengeradet
rss-ness
nokon-ma-ga
aftenbla-bla
hanna-de-heldige
rss-dannet-uten-piano
frokostshowet-pa-p5
rss-utenrikskomiteen-med-bogen-og-grasvik
unitedno