stinerman@midwest.social 1 week ago
“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.
Hugin@lemmy.world 1 week ago
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.
stinerman@midwest.social 1 week ago
My contention is that the DOJ (who oversees the marshals) would order them to ignore the bench warrant.
Courts have the power to deputize whomever they choose. If they were to deputize, for instance, a state police officer because the marshalls wouldn’t carry out their orders, my belief is that no deputized agent would arrest someone for contempt if some LEO under federal control (FBI, the marshalls, capitol police, etc.) was protecting the person held in contempt. You will not get two sets of cops shooting at each other over this.