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In reply to the discussion: "What law has Kim Davis broken?" [View all]James48
(4,429 posts)28. No- she violated Title 18 criminal law.
https://www.law.cornell.edu/uscode/text/18/part-I/chapter-21
18 USC 401:
"A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as
(1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;
(2) Misbehavior of any of its officers in their official transactions;
(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command."
At this moment, she is being held in jail under 18 USC 401(3) for disobedience to a lawful order.
And some point, this transitions to 18 USC 402.
18 USC 402:
"Any person, corporation or association willfully disobeying any lawful writ, process, order, rule, decree, or command of any district court of the United States or any court of the District of Columbia, by doing any act or thing therein, or thereby forbidden, if the act or thing so done be of such character as to constitute also a criminal offense under any statute of the United States or under the laws of any State in which the act was committed, shall be prosecuted for such contempt as provided in section 3691 of this title and shall be punished by a fine under this title or imprisonment, or both.
Such fine shall be paid to the United States or to the complainant or other party injured by the act constituting the contempt, or may, where more than one is so damaged, be divided or apportioned among them as the court may direct, but in no case shall the fine to be paid to the United States exceed, in case the accused is a natural person, the sum of $1,000, nor shall such imprisonment exceed the term of six months."
--
She's in jail right now for failing to obey the Judge's order. That's only temporary.
If she continues to refuse, at some point, the case should be referred to the U.S. Attorney's office for prosecution under 402.
18 USC 401:
"A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as
(1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;
(2) Misbehavior of any of its officers in their official transactions;
(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command."
At this moment, she is being held in jail under 18 USC 401(3) for disobedience to a lawful order.
And some point, this transitions to 18 USC 402.
18 USC 402:
"Any person, corporation or association willfully disobeying any lawful writ, process, order, rule, decree, or command of any district court of the United States or any court of the District of Columbia, by doing any act or thing therein, or thereby forbidden, if the act or thing so done be of such character as to constitute also a criminal offense under any statute of the United States or under the laws of any State in which the act was committed, shall be prosecuted for such contempt as provided in section 3691 of this title and shall be punished by a fine under this title or imprisonment, or both.
Such fine shall be paid to the United States or to the complainant or other party injured by the act constituting the contempt, or may, where more than one is so damaged, be divided or apportioned among them as the court may direct, but in no case shall the fine to be paid to the United States exceed, in case the accused is a natural person, the sum of $1,000, nor shall such imprisonment exceed the term of six months."
--
She's in jail right now for failing to obey the Judge's order. That's only temporary.
If she continues to refuse, at some point, the case should be referred to the U.S. Attorney's office for prosecution under 402.
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If she prevents me from marrying my one true love, or whoever, and my and my love's
randys1
Sep 2015
#1
I think 1985 would be better, since the Christofascist law firm is pulling Davis' strings
jmowreader
Sep 2015
#6
Just contempt of court. The judge ordered her to do something. She did not do it. Contempt.
LiberalArkie
Sep 2015
#22
tell them if a judge orders them to pay Child Support....and they fail to do so...
VanillaRhapsody
Sep 2015
#29
I agree, because section 1983 is not a criminal statute and doesn't carry jail time.
Jim Lane
Sep 2015
#19
It gives you a scary look into their collective mindset. It is like when Ted Cruz loves the SCOTUS
Rex
Sep 2015
#21
They don't understand it because it is not in the second part of a sentence in the second Amendment
world wide wally
Sep 2015
#25
Not to mention cuckolding one husband by making him think the other husbands children are his...
VanillaRhapsody
Sep 2015
#31