DOJ-OGR-00011198.json 5.9 KB

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  1. {
  2. "document_metadata": {
  3. "page_number": "2",
  4. "document_number": "702",
  5. "date": "07/12/22",
  6. "document_type": "court document",
  7. "has_handwriting": false,
  8. "has_stamps": false
  9. },
  10. "full_text": "Case 1:20-cr-00330-PAE Document 702 Filed 07/12/22 Page 2 of 4\nThe Honorable Alison J. Nathan\nDecember 17, 2021\nPage 2\nThis Court has inherent authority,1 authority under its contempt power, Fed. R. Crim. P. 42(a)(1),2 and authority under statute, 28 U.S.C. §§ 1826, 3144, to order Ms. Bovino's arrest and detention until she is willing to testify.\nUnder the Recalcitrant Witness Statute, 28 U.S.C. § 1826. this Court has authority to issue an arrest warrant and have Ms. Bovino arrested until she is willing to testify. In its entirety, the statute provides:\n(a) Whenever a witness in any proceeding before or ancillary to any court or grand jury of the United States refuses without just cause shown to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording or other material, the court, upon such refusal, or when such refusal is duly brought to its attention, may summarily order his confinement at a suitable place until such time as the witness is willing to give such testimony or provide such information. No period of such confinement shall exceed the life of--\n(1) the court proceeding, or\n(2) the term of the grand jury, including extensions,\nbefore which such refusal to comply with the court order occurred, but in no event shall such confinement exceed eighteen months.\n(b) No person confined pursuant to subsection (a) of this section shall be admitted to bail pending the determination of an appeal taken by him from the order for his confinement if it appears that the appeal is frivolous or taken for delay. Any appeal\n1 \"There can be no question that courts have inherent power to enforce compliance with their lawful orders through civil contempt. And it is essential that courts be able to compel the appearance and testimony of witnesses.\" Shillitani v. United States, 384 U.S. 364, 370 (1966) (citations omitted).\n2 Federal Rule of Criminal Procedure 42(a)(1) authorizes an \"arrest order\" for someone alleged to have committed contempt by failing to comply with a subpoena to testify and permits their confinement until compliance. See Shillitani, 384 U.S. at 370 (\"Where contempt consists of a refusal to obey a court order to testify at any stage in judicial proceedings, the witness may be confined until compliance.\")\nDOJ-OGR-00011198",
  11. "text_blocks": [
  12. {
  13. "type": "printed",
  14. "content": "Case 1:20-cr-00330-PAE Document 702 Filed 07/12/22 Page 2 of 4",
  15. "position": "header"
  16. },
  17. {
  18. "type": "printed",
  19. "content": "The Honorable Alison J. Nathan\nDecember 17, 2021\nPage 2",
  20. "position": "header"
  21. },
  22. {
  23. "type": "printed",
  24. "content": "This Court has inherent authority,1 authority under its contempt power, Fed. R. Crim. P. 42(a)(1),2 and authority under statute, 28 U.S.C. §§ 1826, 3144, to order Ms. Bovino's arrest and detention until she is willing to testify.\nUnder the Recalcitrant Witness Statute, 28 U.S.C. § 1826. this Court has authority to issue an arrest warrant and have Ms. Bovino arrested until she is willing to testify. In its entirety, the statute provides:\n(a) Whenever a witness in any proceeding before or ancillary to any court or grand jury of the United States refuses without just cause shown to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording or other material, the court, upon such refusal, or when such refusal is duly brought to its attention, may summarily order his confinement at a suitable place until such time as the witness is willing to give such testimony or provide such information. No period of such confinement shall exceed the life of--\n(1) the court proceeding, or\n(2) the term of the grand jury, including extensions,\nbefore which such refusal to comply with the court order occurred, but in no event shall such confinement exceed eighteen months.\n(b) No person confined pursuant to subsection (a) of this section shall be admitted to bail pending the determination of an appeal taken by him from the order for his confinement if it appears that the appeal is frivolous or taken for delay. Any appeal",
  25. "position": "main"
  26. },
  27. {
  28. "type": "printed",
  29. "content": "1 \"There can be no question that courts have inherent power to enforce compliance with their lawful orders through civil contempt. And it is essential that courts be able to compel the appearance and testimony of witnesses.\" Shillitani v. United States, 384 U.S. 364, 370 (1966) (citations omitted).\n2 Federal Rule of Criminal Procedure 42(a)(1) authorizes an \"arrest order\" for someone alleged to have committed contempt by failing to comply with a subpoena to testify and permits their confinement until compliance. See Shillitani, 384 U.S. at 370 (\"Where contempt consists of a refusal to obey a court order to testify at any stage in judicial proceedings, the witness may be confined until compliance.\")",
  30. "position": "footer"
  31. },
  32. {
  33. "type": "printed",
  34. "content": "DOJ-OGR-00011198",
  35. "position": "footer"
  36. }
  37. ],
  38. "entities": {
  39. "people": [
  40. "Alison J. Nathan",
  41. "Ms. Bovino"
  42. ],
  43. "organizations": [
  44. "United States"
  45. ],
  46. "locations": [],
  47. "dates": [
  48. "December 17, 2021",
  49. "07/12/22",
  50. "1966"
  51. ],
  52. "reference_numbers": [
  53. "1:20-cr-00330-PAE",
  54. "702",
  55. "28 U.S.C. §§ 1826, 3144",
  56. "384 U.S. 364",
  57. "DOJ-OGR-00011198"
  58. ]
  59. },
  60. "additional_notes": "The document appears to be a court filing related to a criminal case. The text is mostly printed, with no handwritten content or stamps visible. The document is well-formatted and legible."
  61. }