When a federal court imposes contempt sanctions, the U.S. Marshals Service enforces the order, including arresting persons ordered imprisoned for contempt. The U.S. Marshals Service is an executive branchagency within the Department of Justice. Some commentators have expressed concerns that, if the executive branch chose to defy a court order, it might also seek to prevent the U.S. Marshals from enforcing contempt sanctions. The U.S. Marshals are required by statute to “execute all lawful writs, process, and orders issued under the authority of the United States,” and the President’s pardon power does not apply to civil contempt sanctions. The 2018 review of contempt against the federal government notes that, historically, Presidents have complied with federal court orders and have not directed the U.S. Marshals not to enforce contempt orders.
Justin Jouvenal and Colby Itkowitz at WP:
Legal experts said there is a major flaw in the system — the judicial branch must rely on the executive branch to enforce its rulings. Federal judges use U.S. marshals, for example, to apprehend anyone ordered to jail. Justice Department prosecutors are the ones who decide whether to bring cases anyone referred for criminal contempt charges.
And it remains to be seen whether the Trump administration would jail or prosecute one of its own officials.
Trump could also pardon anyone facing a criminal contempt charge or conviction.
“The Supreme Court, as Alexander Hamilton famously said in the Federalist Papers, has neither purse nor sword,” said Jeffrey Rosen, president and chief executive of the National Constitution Center. That means if the president were to defy the high court, the justices “would be powerless to enforce” their ruling.
