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Who's going to enforce it would be the question.
US attorney general is part of Trump team.
"How many divisions has the Supreme Court?"
Even of a judge deputized someone to arrest an executive branch officer, it's unlikely to actually happen. It always ends in who has bigger guns and that's going to be the FBI, the Marshalls, or the secret service. No deputy trying to arrest someone on a bench warrant is going to get into a confrontation with a fellow LEO protecting said arrestee.
Fyi the us marshals are the enforcement arm of the Federal judiciary. There is one marshall and one cheif deputy marshall per us district court.
The marshals are the group that would most likely do the arrest in this hypothetical situation. For example the FBI is mostly investigation and usually when they get enough information for an arrest they pass it off to the marshals if it's a federal crime.
Wouldn't ever even come to that, at least not under the current Trump administration.
Yes, the US Marshall Service is technically the enforcement arm of the judiciary, but they're under the Department of Justice and answer directly to the US Attorney General. The DoJ is part of the Executive Branch and the AG is a member of the Cabinet appointed by the President. The current AG is Pam Bondi, who is a VERY close Trump ally who's been working for him in various ways as a lawyer since at least 2019.
The Supreme Court doesn't order the Marshall Service to do anything. They send a request to the AG, who then gives orders to the Marshall Service. Even under previous administrations it would have been incredibly difficult to imagine the circumstance where the AG would order the Marshalls to arrest a member of the Executive Branch, and it's just never going to happen under Trump.
28 USC Sec. 566
(a)It is the primary role and mission of the United States Marshals Service to provide for the security and to obey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals, the Court of International Trade, and the United States Tax Court, as provided by law.
(b) The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in that district, and of the Court of International Trade holding sessions in that district, and may, in the discretion of the respective courts, be required to attend any session of court.
(c)Except as otherwise provided by law or Rule of Procedure, the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties.
This codified the common law in the US.
The Court's order to its district marshal is superior to any DoJ order. If the marshal won't act, the Court can conpel them into court and hold them in contempt.
Courts (and marshals) can also deputize people to execute their orders. They can also hold others in contempt who contribute to orders not being followed...they can start seizing and freezing assets of Trump's helpers; they can award money damages as sanctions, they can disbar attorneys. There's a lot they can do. I hope the courts start playing hard ball with these lawless fucks.
this post was submitted on 18 Mar 2025
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