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by daxorid 3321 days ago
That's more or less the point of the GGP's suggestion. Contempt is generally brought in cases where you have the ability to comply, but choose not to.

If you do not have even the ability to comply, justifying contempt becomes increasingly difficult.
2 comments
BearGoesChirp 3321 days ago
Are we expecting a government that violates their own rules to not violate their own rules in a different area? Let's see how fast your grandma will give up the password when it is the only way to get you out of lockup at a torture center (using my definition of torture, not any of the horrible biased ones different governments use).
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obstinate 3321 days ago
If your mom overseas has the password, you do have the ability to comply. Ask you mom for the password. She gives it to you. You comply.

Here's another example that might make this more clear. Let's say I embezzle a million dollars from my employer, and they sue me to get it back. (Let's just pretend that I avoid criminal charges for simplicity.) When they win and I tell them, "I can't comply, I gave it to my cousin in France to hold on to," what do you think the judge does? I'll tell you what the judge does: https://en.wikipedia.org/wiki/H._Beatty_Chadwick (This only applies to the U.S.. I suppose in the U.K. you would do two years and then be released.)

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syrrim 3321 days ago
In the case you linked, the contention was that the judge thought the defendant had access to the money, whereas he said he didn't. If you give the money to another, autonomous, person, and the judge believes that you did, then you should be in the clear. Naturally, you could ask the person for the money, much as you would a bank teller. However, if you had previously instructed the person to ignore such a request, then you would be incapable of retrieving the money. Holding you beyond then would have the goal of using your incarceration to coerce another person, which I'm sure the courts would frown at.
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obstinate 3321 days ago
I am not a judge, but if I were, I imagine I would assume you had been insufficiently sincere in your effort to convince your co-conspirator.
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