Page 1 of 3 123 LastLast
Results 1 to 25 of 64

Thread: Palmer files a motion to hold DC in contempt of court

  1. #1
    Regular Member California Right To Carry's Avatar
    Join Date
    Dec 2013
    Location
    United States
    Posts
    463

    Thumbs up Palmer files a motion to hold DC in contempt of court

    Update November 19, 2014 - Palmer upped the ante by filing a motion to hold the defendants in contempt of court. There was a minute entry from today regarding the telephone conference which reads as follows:

    TEXT Minute Entry for Telephone Conference held on 11/19/2014 before Judge Frederick J. Scullin, Jr: Court advised that it would hear oral argument tomorrow, as scheduled, on motion for permanent injunction and motion for an order to have Defendants show cause why the Court should not hold Defendants in contempt. All agreed that the first issue to address was the scope of the Court’s jurisdiction given Defendants filing of Notice of Appeal. Court advised it would also hear arguments on the merits of Plaintiffs’ motions. Appearances: Alan Gura, Esq. for pltfs; Andrew Saindon, Esq. for defts. (Scullin, Frederick)
    Last edited by California Right To Carry; 11-19-2014 at 02:04 PM.
    Concealed carry is of no use to me, I don't carry a purse.

    Charles Nichols – President of California Right To Carry
    http://CaliforniaRightToCarry.org

  2. #2
    Accomplished Advocate BB62's Avatar
    Join Date
    Aug 2006
    Location
    Cincinnati, Ohio, USA
    Posts
    3,887
    Good stuff! Is there a pdf of the motion?

  3. #3
    Regular Member California Right To Carry's Avatar
    Join Date
    Dec 2013
    Location
    United States
    Posts
    463
    Quote Originally Posted by BB62 View Post
    Good stuff! Is there a pdf of the motion?
    I've added a link to the main part of the motion at the update on my website.
    Concealed carry is of no use to me, I don't carry a purse.

    Charles Nichols – President of California Right To Carry
    http://CaliforniaRightToCarry.org

  4. #4
    Campaign Veteran marshaul's Avatar
    Join Date
    Aug 2007
    Location
    Fairfax County, Virginia
    Posts
    11,487
    It's too bad they have to rely on "contempt of court". I think imposing outlawry on the entire DC government is eminently more suitable.

  5. #5
    Campaign Veteran
    Join Date
    Jan 2007
    Location
    El Paso, TX
    Posts
    1,877
    Baby Steps, marshaul, Baby Steps...

    -- Dr. Leo Marvin.
    Last edited by cloudcroft; 11-19-2014 at 11:12 PM.
    (formerly of Colorado Springs, CO)

  6. #6
    Activist Member swinokur's Avatar
    Join Date
    Jun 2009
    Location
    Montgomery County, MD
    Posts
    984
    Looks like the contempt motion is moving forward:
    Filed & Entered: 11/20/2014 Scheduling Order
    Docket Text: TEXT SCHEDULING ORDER: regarding the # [83] Motion for Order to Show Cause. Response to Motion due by 12/4/2014. Reply to Response to Motion due by 12/11/2014. IT IS SO ORDERED by Judge Frederick J. Scullin, Jr. on 11/20/2014. (Scullin, Frederick)

  7. #7
    Regular Member Thundar's Avatar
    Join Date
    Sep 2007
    Location
    Newport News, Virginia, USA
    Posts
    4,964
    Filed & Entered: 11/20/2014 Scheduling Order
    Docket Text: TEXT SCHEDULING ORDER: regarding the # [83] Motion for Order to Show Cause. Response to Motion due by 12/4/2014. Reply to Response to Motion due by 12/11/2014. IT IS SO ORDERED by Judge Frederick J. Scullin, Jr. on 11/20/2014. (Scullin, Frederick)

    What this says about the court's jurisdiction for the permanent injunction is very telling. DC has basically said that they wrote a new law and that Gura must file a new lawsuit in order to challenge the new law. Gura said, no, the current order is clear. DC said, well you didn't file a contempt motion so you are wrong. Gura filed a contempt motion.

    Response and Reply to response complete 2 weeks before Christmas....

    Dear Santa, What I want for Christmas is a permanent injunction and contempt charges against MPD Chief Lanier.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  8. #8
    Regular Member Thundar's Avatar
    Join Date
    Sep 2007
    Location
    Newport News, Virginia, USA
    Posts
    4,964
    Quote Originally Posted by BB62 View Post
    Good stuff! Is there a pdf of the motion?
    Here is the District Court docket: http://ia902305.us.archive.org/14/it...87.docket.html
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  9. #9
    Accomplished Advocate BB62's Avatar
    Join Date
    Aug 2006
    Location
    Cincinnati, Ohio, USA
    Posts
    3,887
    Quote Originally Posted by Thundar View Post
    Thanks for the link. No insult meant, but the contempt request isn't linked to there. Someone else has linked to it previously on this thread, though.

  10. #10
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    They should be shot if the contempt order is successful-for being traitors !

  11. #11
    Regular Member California Right To Carry's Avatar
    Join Date
    Dec 2013
    Location
    United States
    Posts
    463

    Wink

    Charles Nichols ‏@CRTC_Nichols
    Palmer v. District of Columbia - It appears that Judge Scullin thinks the new DC handgun carry law is contemptuous. http://blog.californiarighttocarry.org/?page_id=1852
    7:27 PM - 20 Nov 2014

    Concealed carry is of no use to me, I don't carry a purse.

    Charles Nichols – President of California Right To Carry
    http://CaliforniaRightToCarry.org

  12. #12
    Activist Member swinokur's Avatar
    Join Date
    Jun 2009
    Location
    Montgomery County, MD
    Posts
    984
    Filed last night
    11/20/2014 84 TEXT SCHEDULING ORDER: regarding the # 83 Motion for Order to Show Cause. Response to Motion due by 12/4/2014. Reply to Response to Motion due by 12/11/2014. IT IS SO ORDERED by Judge Frederick J. Scullin, Jr. on 11/20/2014. (Scullin, Frederick) (Entered: 11/20/2014)

    11/20/2014 Minute Entry for proceedings held before Judge Frederick J. Scullin, Jr: Motion Hearing held on 11/20/2014. Oral argument heard re 83 MOTION for Order to Show Cause. (Court Reporter Jan Dickman) (gdf) (Entered: 11/20/2014)

  13. #13
    Regular Member rightwinglibertarian's Avatar
    Join Date
    Mar 2014
    Location
    Seattle WA
    Posts
    881
    I've been kinda busy lately and only just saw this news - on the Washington Times of all things. I didn't think such propaganda outlets cared about real news or the Constitution
    Last edited by rightwinglibertarian; 11-21-2014 at 01:11 PM.
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

    Conservative Broadcast || Google Plus profile

  14. #14
    Regular Member
    Join Date
    Aug 2013
    Location
    Leesburg VA
    Posts
    160
    Quote Originally Posted by rightwinglibertarian View Post
    I've been kinda busy lately and only just saw this news - on the Washington Post of all things. I didn't think such propaganda outlets cared about real news or the Constitution
    The Washington Times is very different than The Washington Post.

  15. #15
    Regular Member rightwinglibertarian's Avatar
    Join Date
    Mar 2014
    Location
    Seattle WA
    Posts
    881
    Quote Originally Posted by blahpony View Post
    The Washington Times is very different than The Washington Post.
    whoops! *goes to correct typo* I think I had too many tabs open
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

    Conservative Broadcast || Google Plus profile

  16. #16
    Activist Member swinokur's Avatar
    Join Date
    Jun 2009
    Location
    Montgomery County, MD
    Posts
    984
    The Times is decidedly conservative in it's viewpoint. especially compared to the Washington Fish Wrap

  17. #17
    Regular Member Thundar's Avatar
    Join Date
    Sep 2007
    Location
    Newport News, Virginia, USA
    Posts
    4,964
    Quote Originally Posted by BB62 View Post
    Thanks for the link. No insult meant, but the contempt request isn't linked to there. Someone else has linked to it previously on this thread, though.
    it is item 83 on the docket.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  18. #18
    Accomplished Advocate BB62's Avatar
    Join Date
    Aug 2006
    Location
    Cincinnati, Ohio, USA
    Posts
    3,887
    Quote Originally Posted by Thundar View Post
    it is item 83 on the docket.
    Thank you. Documents >= #83 weren't there at the time of my previous post.

  19. #19
    Regular Member The Truth's Avatar
    Join Date
    Jul 2014
    Location
    Henrico
    Posts
    2,139
    The NRA even shared a story about this on their FB.

    Hopefully this turns out very well for the fine people of DC.
    Sic semper evello mortem tyrannis.

    μολὼν λαβέ

    Quote Originally Posted by stealthyeliminator
    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
    Quote Originally Posted by WalkingWolf View Post
    The truth causes some people so much pain they can only respond with impotent laughable insults. Life must be rough for those people.

  20. #20
    Activist Member swinokur's Avatar
    Join Date
    Jun 2009
    Location
    Montgomery County, MD
    Posts
    984
    DC council moving ahead on permanent legislation.

    Good.

    http://www.washingtontimes.com/news/...cealed-carry-/

  21. #21
    Campaign Veteran
    Join Date
    Jan 2007
    Location
    El Paso, TX
    Posts
    1,877
    ...but not ANY movement towards shall-issue, just some lip-service, act-like-we-care "trivia" only.

    Sad...

    The court will need to FORCE DC to do what it SHOULD be doing. And the sooner, the better.

    Then, we need Federal District Court 9 to FORCE HI to do the very same...and the Federal District Courts of ALL of the OTHER states with "may-issue" policies (IIRC, 9 such states in total).

    Actually, the spineless SCOTUS should be calling these states unconstitutional...but they avoid "controversial" legal issues whenever possible.
    Last edited by cloudcroft; 11-25-2014 at 08:41 PM.
    (formerly of Colorado Springs, CO)

  22. #22
    Activist Member swinokur's Avatar
    Join Date
    Jun 2009
    Location
    Montgomery County, MD
    Posts
    984
    DC has asked the Circuit to"hold" their appeal pending the outcome at District.

    seems like trying to preserver their appeal rights without actually appealing.

    IANAL.

    11/25/2014 ENTRY OF APPEARANCE [1524393] filed by Holly M. Johnson and co-counsel Todd S. Kim on behalf of Appellants DC and Cathy L. Lanier. [14-7180] (Johnson, Holly)

    11/25/2014 INCORRECT DOCKET ENTRY-DISREGARD--MOTION filed [1524395] by DC and Cathy L. Lanier to hold case in abeyance (Response to Motion served by mail due on 12/08/2014) [Service Date: 11/25/2014 by CM/ECF NDA] Pages: 1-10. [14-7180]--[Edited 11/26/2014 by JJA] (Johnson, Holly)

    11/25/2014 CORRECTED MOTION filed [1524398] by DC and Cathy L. Lanier to hold case in abeyance (Response to Motion served by mail due on 12/08/2014) [Service Date: 11/25/2014 by CM/ECF NDA] Pages: 1-10. [14-7180] (Johnson, Holly)
    Last edited by swinokur; 11-26-2014 at 01:31 PM.

  23. #23
    Activist Member swinokur's Avatar
    Join Date
    Jun 2009
    Location
    Montgomery County, MD
    Posts
    984
    DC's response submitted per Sculin's order.

  24. #24
    Regular Member rightwinglibertarian's Avatar
    Join Date
    Mar 2014
    Location
    Seattle WA
    Posts
    881
    Quote Originally Posted by swinokur View Post
    DC's response submitted per Sculin's order.
    The Court should deny the motion because the District has complied fully with the
    Court’s Order, currently on appeal to the D.C. Circuit.
    To justify a finding of contempt, plaintiffs must show that the District violated an order
    that was “clear and unambiguous” by “clear and convincing evidence,” and that the District has
    failed to make a good-faith substantial effort to comply with the Order.
    ummmm.....so so much fail here
    Last edited by rightwinglibertarian; 12-05-2014 at 01:27 PM.
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

    Conservative Broadcast || Google Plus profile

  25. #25
    Regular Member California Right To Carry's Avatar
    Join Date
    Dec 2013
    Location
    United States
    Posts
    463

    Palmer Reply to DC Opposition to Contempt Motion

    Update December 12, 2014 - Here is the response by Palmer to the DC Opposition to the contempt motion. The response was filed yesterday. -> Doc 86 – Palmer Reply to DC Opposition to Contempt Motion
    Concealed carry is of no use to me, I don't carry a purse.

    Charles Nichols – President of California Right To Carry
    http://CaliforniaRightToCarry.org

Page 1 of 3 123 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •