The opinion skips over arguably the best option, hold a further hearing with subpoenaed government witnesses, when they don’t appear or do appear, but give testimony that’s inadequate, Boasberg could find the government or witness in civil contempt and have court security apprehend the government representative on the spot and detain the…
The opinion skips over arguably the best option, hold a further hearing with subpoenaed government witnesses, when they don’t appear or do appear, but give testimony that’s inadequate, Boasberg could find the government or witness in civil contempt and have court security apprehend the government representative on the spot and detain them in the courthouse jail until they purge the contempt. Even though the contemnor sits in jail it is nevertheless civil contempt because (it is said) the keys to jailhouse door are in the hands of the contemnor who can purge his contempt and be released at any time.
The opinion skips over arguably the best option, hold a further hearing with subpoenaed government witnesses, when they don’t appear or do appear, but give testimony that’s inadequate, Boasberg could find the government or witness in civil contempt and have court security apprehend the government representative on the spot and detain them in the courthouse jail until they purge the contempt. Even though the contemnor sits in jail it is nevertheless civil contempt because (it is said) the keys to jailhouse door are in the hands of the contemnor who can purge his contempt and be released at any time.