Responding to Contempt in court

[Jerseee]

Lindsey,



You could always apologize and admit to being contemptous. then proceed from there to ask your questions.

[hughgrxtion]

The differentiation is rooted in the President's Article II powers to appoint and receive ambassadors.



Incident to these powers, and to the President's implied power to maintain international relations,



it is unquestioned that the President possesses the exclusive power to recognize or refuse to recognize a foreign state or government, and to establish or refuse to establish diplomatic relations with a foreign government.

Could it be that in 1933 that when Roosevelt essentially declared us citizens enemies under the trading with the enemy act, that the above mentioned executive powers kicked in? This would be especially true for a sui juris--a foreign state or government.-just some musings.....

[suijuris]

Right out of the United States Attorneys' Manual:

753 Elements of the Offense of Contempt



There are four essential elements under 18 U.S.C. § 401(1). They are: (1) misbehavior of a person; (2) in or near to the presence of the court; (3) which obstructs the administration of justice; and (4) which is committed with the required degree of criminal intent. United States v. McGainey, 37 F.3d 682, 683 (D.C. Cir. 1994).



An attorney is not an "officer" of the court for purposes of § 401(2). In re Halloway, 995 F.2d 1080 (D.C. Cir.), cert. denied, 114 S.Ct 1537 (1993).



There are three essential elements under 18 U.S.C. § 401(3). They are: (1) there must be a violation; (2) of a clear and reasonably specific order; and (3) the violation was willful. United States v. Nynex Corp., 8 F.3d 52, 54 (D.C. Cir. 1993).



When distinguishing between types of contempt there are two broad categories: criminal versus civil, and direct versus indirect.