Judge Finds Florida Attorney General Uthmeier in Contempt

Federal District Court Judge Kathleen Williams found Florida state Attorney General James Uthmeier in civil contempt for not honoring her injunction that stayed a new state law making it a misdemeanor for people living in the U.S. illegally to enter the state.

The injunction prohibited enforcement of the new immigration law, which Williams said is likely to be found unconstitutional.

Initially Uthmeier issued a memo to state and local law enforcement saying not to enforce the new law, although he disagreed with the injunction. Five days later, he sent another memo saying the judge was legally wrong and that he couldn’t prevent police officers and deputies from enforcing the law. in which he claimed Williams’ ruling was legally incorrect and he could not stop law enforcement officers from enforcing the new law. This second memo led to the contempt finding.

Williams denied a request by Uthmeier to put her injunction on hold while it goes through appeal.

Earlier this month, the 11th Circuit Court of Appeals denied a similar request from Uthmeier. The case was far from being resolved. “But we’re mindful that the burden in this posture is for the Attorney General to make a ‘strong showing’ that he is likely to succeed on the merits. And we do not think he tips the balance in his favor.” The appellate judges remarked on Uthmeier’s “seemingly defiant posture” about Williams’ injunction.

In issuing her contempt finding, Williams said, “Litigants cannot change the plain meaning of words as it suits them, especially when conveying a court’s clear and unambiguous order. Fidelity to the rule of law can have no other meaning.” Civil contempt, unlike criminal contempt, cannot be pardoned by the President.

As sanctions, Williams ordered Uthmeier to file reports to her biweekly about whether any arrests, detentions or law enforcement actions have been made under the law.

In social media, Uthmeier remained defiant. “If being held in contempt is what it costs to defend the rule of law and stand firmly behind President Trump’s agenda on illegal immigration, so be it.”

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