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James48

(4,429 posts)
28. No- she violated Title 18 criminal law.
Fri Sep 4, 2015, 07:09 PM
Sep 2015
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.
"What law has Kim Davis broken?" [View all] jberryhill Sep 2015 OP
If she prevents me from marrying my one true love, or whoever, and my and my love's randys1 Sep 2015 #1
ROFL malaise Sep 2015 #2
I'm not sure I follow the English there, but... jberryhill Sep 2015 #3
Where was your issue with my English? randys1 Sep 2015 #5
The sentence fragment broken between the subject line and body jberryhill Sep 2015 #9
I wont bother you anymore...each time we interact you seem annoyed... randys1 Sep 2015 #10
Meh, I wouldn't let that put you off jberryhill Sep 2015 #15
I didn't see an annoyance. Plucketeer Sep 2015 #32
No, that's a regional/cultural grammatic construction jberryhill Sep 2015 #36
Too bad she's not in the military. lpbk2713 Sep 2015 #4
I think 1985 would be better, since the Christofascist law firm is pulling Davis' strings jmowreader Sep 2015 #6
Disguised as what? Decent human beings? jberryhill Sep 2015 #8
It says "conspire or go in disguise" jmowreader Sep 2015 #13
if she denied them a gun license Skittles Sep 2015 #7
Much simpler -- she was jailed for contempt of court nichomachus Sep 2015 #11
The order has to proceed from some underlying legal matter jberryhill Sep 2015 #14
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
is this on point also ? steve2470 Sep 2015 #12
No, that's not what she's in jail for jberryhill Sep 2015 #16
ok thanks nt steve2470 Sep 2015 #17
It should be pretty obvious she defied a court order. Even the biggest dullard Rex Sep 2015 #18
Yeah, I'm not sure why it's a "thing" with them jberryhill Sep 2015 #20
It gives you a scary look into their collective mindset. It is like when Ted Cruz loves the SCOTUS Rex Sep 2015 #21
Fundies / Sovereign Citizens VanillaRhapsody Sep 2015 #30
I've heard something about "she never had a chance to appeal her jail sentence" MiniMe Sep 2015 #23
jberryhill - thank you - I find this whole KIM I'm a BAC -episode asiliveandbreathe Sep 2015 #24
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
She is breaking the supreme law of the land...the U.S. Constitution. roamer65 Sep 2015 #26
Logic...... wolfie001 Sep 2015 #27
Not to mention cuckolding one husband by making him think the other husbands children are his... VanillaRhapsody Sep 2015 #31
No- she violated Title 18 criminal law. James48 Sep 2015 #28
The Constitution leaps to mind sarisataka Sep 2015 #33
always read the briefs! kiri Sep 2015 #34
I do that sometimes with cases on Pacer jberryhill Sep 2015 #35
See my DETAILED post from last nite JunkYardDogg Sep 2015 #37
God's law libodem Sep 2015 #38
Good one! Dark n Stormy Knight Sep 2015 #40
I try libodem Sep 2015 #41
Uh, yeah, try and unsee this: libodem Sep 2015 #39
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