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

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.

Avsnitt(2866)

Lawfare Archive: Julian Mortenson on 'The Executive Power'

Lawfare Archive: Julian Mortenson on 'The Executive Power'

From April 12, 2019: Julian Mortenson, Professor of Law at the University of Michigan, is the author of a remarkable new article entitled "Article II Vests Executive Power, Not the Royal Prerogative,"...

13 Juli 202550min

Lawfare Archive: Juliette Kayyem on the Baltimore Bridge Collapse and Crisis Management

Lawfare Archive: Juliette Kayyem on the Baltimore Bridge Collapse and Crisis Management

From April 9, 2024: In the early morning on March 26, a Singapore-flagged cargo ship crashed into Baltimore’s Francis Scott Key Bridge. The bridge collapsed, resulting in the death of six of the eight...

12 Juli 202541min

Lawfare Daily: Bribery and the Second Trump Administration with John Keller

Lawfare Daily: Bribery and the Second Trump Administration with John Keller

John Keller, now a partner at Walden, Macht, Haran, & Williams, channeled his experience as the former chief of the Public Integrity Section at the Department of Justice to talk about bribery with Jam...

11 Juli 202558min

Lawfare Daily, Bonus Edition: Unpacking the July 7 Hearing for Kilmar Abrego Garcia

Lawfare Daily, Bonus Edition: Unpacking the July 7 Hearing for Kilmar Abrego Garcia

On July 8, Lawfare Editor-in-Chief Benjamin Wittes sat down for a bonus edition of Lawfare Live with Lawfare Senior Editors Anna Bower and Roger Parloff to discuss Kilmar Abrego Garcia's July 7 hearin...

10 Juli 202539min

Scaling Laws: Ethan Mollick: Navigating the Uncertainty of AI Development

Scaling Laws: Ethan Mollick: Navigating the Uncertainty of AI Development

Ethan Mollick, Professor of Management and author of the “One Useful Thing” Substack, joins Kevin Frazier, the AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor...

10 Juli 20251h 6min

Rational Security: The “Game Changers” Edition

Rational Security: The “Game Changers” Edition

This week, Scott sat down with fellow Senior Editors Molly Reynolds and Alan Rozenshtein to talk through the week’s big national security news, including:“One Bill to rule them all, One Bill to find t...

9 Juli 20251h 15min

Lawfare Daily: The Double Black Box: Ashley Deeks on National Security AI

Lawfare Daily: The Double Black Box: Ashley Deeks on National Security AI

Lawfare Senior Editor Alan Rozenshtein sits down with Ashley Deeks, the Class of 1948 Professor of Scholarly Research in Law at the University of Virginia School of Law, to discuss her new book, “The ...

9 Juli 202555min

Lawfare Daily: Michael Feinberg on Leaving the FBI

Lawfare Daily: Michael Feinberg on Leaving the FBI

Until late May, Michael Feinberg was a senior FBI counterintelligence agent focused on China. All that changed one weekend, when the Deputy FBI Director found out that he was still friends with a form...

8 Juli 202553min

Populärt inom Politik & nyheter

aftonbladet-krim
p3-krim
fordomspodden
motiv
rss-krimstad
blenda-2
flashback-forever
spar
aftonbladet-daily
svenska-fall
rss-vad-fan-hande
rss-sanning-konsekvens
rss-krimreportrarna
olyckan-inifran
svd-ledarredaktionen
krimmagasinet
rss-frandfors-horna
rss-flodet
dagens-eko
rss-svalan-krim