US Marshalls DEFY Federal Judge whose court they guard!

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A Federal judge in South Dakota has charged 3 US Marshalls with criminal contempt when one refused to reveal her vaccination status. The Marshalls then removed 3 defendants from the court over the Judge's objection, ignoring his supremacy in his courtroom. They made up some bullshit excuses, calling one defendant a "murderer" when the Judge admonished them that he had a previous conviction for manslaughter, not murder, and was charged with a far less serious crime.

It looks very much like 3%ers and Proud Boy types have now infiltrated the US Marshalls Service and seem to think THEY supersede a Federal Judge's power in HIS courtroom! So he appropriately has charged all 3 with criminal contempt!

From WaPo on June 14:
ABERDEEN, S.D. — A federal judge in South Dakota on Monday criminally charged three members of the U.S. Marshals Service with contempt of court and obstructing justice after a dispute with a marshal who refused to disclose her COVID-19 vaccination status and removed prisoners from a courthouse.

Three supervisory marshals, including the agency’s Chief of Staff John Kilgallon, were accused of allowing a deputy marshal to leave the courthouse in Aberdeen, South Dakota, with prisoners in tow on May 10, after the marshal refused to tell the judge whether she had been vaccinated against COVID-19, the Aberdeen American News reported.

U.S. District Judge Charles Kornmann gave the U.S. Attorney’s Office until Friday to decide whether to charge the marshals, including Daniel Mosteller, the head of the agency in South Dakota, and Stephen Houghtaling, the state’s chief deputy. Kornmann said he was determined to find another prosecutor if the U.S. Attorney declined to prosecute the case.
Kornmann moved in March to require vaccinations for courthouse employees, but Mosteller, told the judge the Marshals Service was not requiring employees to get vaccinated and would not provide their vaccination status to the court.

The U.S. marshal who brought the first defendant into the courtroom last month refused to disclose her vaccination status. As a result, Kornmann told her to leave and pulled in a different deputy marshal to sit in the courtroom. Later that day, Houghtaling told Kornmann by phone that the remaining defendants scheduled for hearings had been removed from the courthouse because the marshals service didn’t think it could keep the courtroom secure without two marshals in the room.

Kornmann initially summoned the supervising officers to determine whether they would face civil contempt of court charges. But by the end of the hearing Monday, he had criminally charged the officers and accused them of kidnapping the prisoners. He also offered the officers an opportunity to admit wrongdoing and pay a $5,000 fine, but they declined.

The three officers were represented by U.S. Department of Justice attorneys who usually handle civil matters. The attorneys indicated the officers were in the process of obtaining criminal defense attorneys and would not comment in court.

The Marshals Service declined to comment on the charges.

The Marshals Service operates under the DOJ, an executive branch agency, but it is tasked with the protection and enforcement of federal courts. Federal law grants the Marshal Service “final authority regarding security requirements for the judicial branch.”

In a separate ruling last year, Kornmann, who was appointed under President Bill Clinton in 1995, slammed South Dakota Gov. Kristi Noem’s response to the pandemic, writing that the state “has done little, if anything, to curtail the spread of the virus.”

A trial date for the three marshals has been set for Sept. 13.

___

This story has been corrected to show the marshal removed prisoners from the courthouse, not the courtroom.
"The upper class: keeps all of the money, pays none of the taxes. The middle class: pays all of the taxes, does all of the work. The poor are there...just to scare the shit out of the middle class."--George Carlin

Re: US Marshalls DEFY Federal Judge whose court they guard!

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This is an HR issue within US DOJ and and if there is a separate Marshal's union and any union contract that might exist. If it was a lawsuit for example by a prisoner's rights group brought before Judge Kornmann asserting that prison's health is in jeopardy by unvaccinated US Marshals, I can see him intervening. Neither WaPo nor the MN news report I'm reading mentions any cases.
The scene was peculiar, as a marshal operated a security post at the doorway to the courthouse while three of their own received notice of criminal prosecutions. According to a court filing from Kornmann last month, which contained email exchanges between the judge and USMS prior to and after the May 10 and 11 hearings, approximately only half of the marshals in South Dakota had been fully vaccinated as of last month.
The judge railed against what he called “political nonsense” that citizens had absolute “freedom” to abstain from vaccinations, even during deadly pandemics, listing off, for example, the requirement that children be vaccinated against certain communicable diseases before attending public school.

“We’re talking about science,” said Kornmann. “If you are refusing to take the vaccine… let me know.”

DOJ’s counsel said the three defendants were “in the process” of securing criminal defense attorneys. It is yet uncertain whether those attorneys will be paid for by the defendants. Judge Kornmann offered them a way out by apologizing, admitting they were wrong, and paying $5,000 to an admitting attorneys fund for the state.
https://www.twincities.com/2021/06/14/j ... ion-fight/

I wouldn't be surprised if the US Atty or DOJ lawyers aren't preparing a petition to the 8th Circuit to dismiss the contempt charges.


I agree employers should require vaccinations and public employers should set the example, but it's not happening.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: US Marshalls DEFY Federal Judge whose court they guard!

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BKinzey wrote: Fri Jun 18, 2021 5:06 pm If the US Marshall's Service isn't requiring it's employees to vaccinate then the Judge should go after the department and not violate HIPPA by demanding individual officers answer his question.
Asking vaccination status is not a HIPAA violation - from HIPAA Journal: https://www.hipaajournal.com/is-it-a-hi ... ne-status/
Asking for Proof of Vaccinations and HIPAA Violations: FAQs
Is it a HIPAA Violation to Ask about COVID Vaccines?

No. Any organization can ask any employee, customer, or relevant third party whether or not they have been vaccinated against COVID-19 without violating HIPAA. However, before asking the question, organizations should be prepared for how they will respond to individuals´ answers, or how they will respond if an individual refuses to answer the question.

Re: US Marshalls DEFY Federal Judge whose court they guard!

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Federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, so long as employers comply with the reasonable accommodation provisions of the ADA and Title VII of the Civil Rights Act of 1964 and other EEO considerations. Other laws, not in EEOC’s jurisdiction, may place additional restrictions on employers. From an EEO perspective, employers should keep in mind that because some individuals or demographic groups may face greater barriers to receiving a COVID-19 vaccination than others, some employees may be more likely to be negatively impacted by a vaccination requirement.
https://www.eeoc.gov/newsroom/eeoc-issu ... assistance


CA officially dropped the mask requirement on June 15th for those vaccinated. In my town staff at the local Wally World, regional grocery stores and the post office are still wearing masks and very few patrons are not wearing masks.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: US Marshalls DEFY Federal Judge whose court they guard!

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Heretic wrote: Fri Jun 18, 2021 5:25 pm
BKinzey wrote: Fri Jun 18, 2021 5:06 pm If the US Marshall's Service isn't requiring it's employees to vaccinate then the Judge should go after the department and not violate HIPPA by demanding individual officers answer his question.
Asking vaccination status is not a HIPAA violation - from HIPAA Journal: https://www.hipaajournal.com/is-it-a-hi ... ne-status/
Asking for Proof of Vaccinations and HIPAA Violations: FAQs
Is it a HIPAA Violation to Ask about COVID Vaccines?

No. Any organization can ask any employee, customer, or relevant third party whether or not they have been vaccinated against COVID-19 without violating HIPAA. However, before asking the question, organizations should be prepared for how they will respond to individuals´ answers, or how they will respond if an individual refuses to answer the question.
Quite correct per my healthcare attorney. You can ask an employee if they got the vaccine and also tell them bye bye. Where it goes south is if you start delving into the issues of why you didn't get the vaccine.
Redneck Liberal

Re: US Marshalls DEFY Federal Judge whose court they guard!

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tonguengroover wrote: Sat Jun 19, 2021 10:21 am
Heretic wrote: Fri Jun 18, 2021 5:25 pm
BKinzey wrote: Fri Jun 18, 2021 5:06 pm If the US Marshall's Service isn't requiring it's employees to vaccinate then the Judge should go after the department and not violate HIPPA by demanding individual officers answer his question.
Asking vaccination status is not a HIPAA violation - from HIPAA Journal: https://www.hipaajournal.com/is-it-a-hi ... ne-status/
Asking for Proof of Vaccinations and HIPAA Violations: FAQs
Is it a HIPAA Violation to Ask about COVID Vaccines?

No. Any organization can ask any employee, customer, or relevant third party whether or not they have been vaccinated against COVID-19 without violating HIPAA. However, before asking the question, organizations should be prepared for how they will respond to individuals´ answers, or how they will respond if an individual refuses to answer the question.
Quite correct per my healthcare attorney. You can ask an employee if they got the vaccine and also tell them bye bye. Where it goes south is if you start delving into the issues of why you didn't get the vaccine.
Go after the service then.
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"Resistance is futile. You will be assimilated!" Loquacious of many. Texas Chapter Chief Cat Herder.

Re: US Marshalls DEFY Federal Judge whose court they guard!

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sikacz wrote: Sun Jun 20, 2021 7:05 am
tonguengroover wrote: Sat Jun 19, 2021 10:21 am
Heretic wrote: Fri Jun 18, 2021 5:25 pm
BKinzey wrote: Fri Jun 18, 2021 5:06 pm If the US Marshall's Service isn't requiring it's employees to vaccinate then the Judge should go after the department and not violate HIPPA by demanding individual officers answer his question.
Asking vaccination status is not a HIPAA violation - from HIPAA Journal: https://www.hipaajournal.com/is-it-a-hi ... ne-status/
Asking for Proof of Vaccinations and HIPAA Violations: FAQs
Is it a HIPAA Violation to Ask about COVID Vaccines?

No. Any organization can ask any employee, customer, or relevant third party whether or not they have been vaccinated against COVID-19 without violating HIPAA. However, before asking the question, organizations should be prepared for how they will respond to individuals´ answers, or how they will respond if an individual refuses to answer the question.
Quite correct per my healthcare attorney. You can ask an employee if they got the vaccine and also tell them bye bye. Where it goes south is if you start delving into the issues of why you didn't get the vaccine.
Go after the service then.

I agree with you and Kinzey, the judge should be going after the US Marshal's Service, which is part of the US Dept of Justice. US DOJ also controls the FBI, DEA, ATF...then there is DHS with their enforcement agencies... I don't think Biden wants to get into starting a battle with federal employees and their unions.

Reading an article yesterday that stated only about 50% of employees of LAPD and LA Fire have received one dose of a COVID vaccine. Heard a stat that 72% of private employers surveyed said they wouldn't require their employees to be vaccinated.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: US Marshalls DEFY Federal Judge whose court they guard!

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Again, I say Biden should adopt the Reagan tactic, especially with LEO unions, which are the worst. But, in this case, he'd be justified. You don't want to follow your orders? Insubordination is grounds for dismissal.
"The upper class: keeps all of the money, pays none of the taxes. The middle class: pays all of the taxes, does all of the work. The poor are there...just to scare the shit out of the middle class."--George Carlin

Re: US Marshalls DEFY Federal Judge whose court they guard!

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YankeeTarheel wrote: Sun Jun 20, 2021 9:43 am Again, I say Biden should adopt the Reagan tactic, especially with LEO unions, which are the worst. But, in this case, he'd be justified. You don't want to follow your orders? Insubordination is grounds for dismissal.

Reagan survived the air traffic controller firings and was easily reelected.
https://www.history.com/this-day-in-his ... ontrollers

It's always politics, Biden doesn't want to piss off organized labor before the 2022 midterms and the 2024 general election. LEO unions are powerful, remember Donnie bragging about being endorsed by the Border Patrol agents union. The poster child for a powerful police union is the Santa Ana, CA POA, they control the city council. And no CA AG is going to investigate them. Santa Ana is the county seat of Orange County, CA.

In CA 72% of adult Californians have received at least on dose, but not among emergency responders.
About 54% of employees of state prisons are at least partially vaccinated, but rates plummet at certain facilities — with one site recording just 24% of its staff fully vaccinated.
https://www.latimes.com/california/stor ... ng-concern

The prison guard's union is the most powerful in CA and Newsom is too wimpy to challenge them plus he needs their support in the recall. The Texas Methodist Hospital case set a precedent in the healthcare industry if not overturned on appeal and I hope there are some emergency response court cases.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: US Marshalls DEFY Federal Judge whose court they guard!

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Holy Crap I'm in the same boat as the Greene Goblin!
The confusion was highlighted recently when, on May 18, 2021, Rep. Marjorie Taylor Greene, (R-Ga) was asked whether she had been vaccinated, as she had refused to wear a mask on the House floor in breach of House rules. Greene told reporters that asking her about her vaccine status was a HIPAA violation,

Quick! Somebody toss me an axe so I can knock a hole in this thing! :welcome:

Re: US Marshalls DEFY Federal Judge whose court they guard!

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I'm not. Pandemics require life-saving rules, not political/religious statements about why preventing their spread is "impinging on my freedom!"
No, you don't have a right to be a "Typhoid Mary", like it or not and the US Constitution has provisions for special powers in times of true emergencies.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States;
And Covid IS a general welfare emergency. In less than 18 months more Americans have died from Covid than died in the Civil War.

Over 617,000 Americans have died and that is approaching the Spanish Flu death toll of 675,000 Americans.
Because of the reckless attitude of people like MTG, Brazil, with 2/3 the population of the US has passed 500,000 deaths. India's horseshit "official" death toll of 388,000 is really possibly well over 4 million...in a nation ruled by a fascist populist, who, like all the others, politicized proper infectious disease controls and caused hundreds of thousands of unnecessary deaths.

When social measures were ignored, ironically as "My body, my right!", super-spreader events occurred, causing more illness and deaths by the tens of thousands.
Now that vaccines, government enforcing "dictatorial" measures, and enough people accepting that research is done in a lab, not on Google while sitting on a toilet, infection and death rates in the US have dropped as if falling off a cliff since Biden became President, many states can open up again.
"The upper class: keeps all of the money, pays none of the taxes. The middle class: pays all of the taxes, does all of the work. The poor are there...just to scare the shit out of the middle class."--George Carlin

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