

Lawfare Daily: David Noll on Civil Contempt Against a Defiant Executive
Jul 15, 2025
David Noll, a Professor of Law at Rutgers, discusses the often-overlooked enforcement powers of the judiciary against defiant executives. He argues that the assumption of judicial powerlessness is mistaken, detailing non-custodial sanctions such as substantial fines and professional discipline. Noll explains the historical responsibility of U.S. Marshals and the possibility for courts to appoint deputies for enforcement, emphasizing that conflicts between branches of government may be more complicated than commonly perceived.
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Court Enforcement Powers
- Courts possess powerful enforcement tools beyond reliance on executive cooperation.
- They can impose personal fines, strip immunity, and discipline lawyers to ensure compliance.
Civil vs. Criminal Contempt
- Civil contempt seeks to compel compliance unlike criminal contempt which punishes past disobedience.
- Civil contempt is not subject to presidential pardons, making it a key judicial tool.
Disciplining Executive Lawyers
- Courts should hold executive branch lawyers professionally accountable for misrepresentations.
- Sanctions include fines, disqualification, and referrals to licensing bodies to maintain honesty.