DOJ-OGR-00011198.jpg

Case 1:20-cr-00330-PAE Document 702 Filed 07/12/22 Page2of4 The Honorable Alison J. Nathan December 17, 2021 Page 2 This Court has inherent authority,' authority under its contempt power, Fed. R. Crim. P. 42(a)(1),” and authority under statute, 28 U.S.C. §§ 1826, 3144, to order Ms. Bovino’s arrest and detention until she is willing to testify. Under 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: (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-- (1) the court proceeding, or (2) the term of the grand jury, including extensions, before which such refusal to comply with the court order occurred, but in no event shall such confinement exceed eighteen months. (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 ' “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). ? 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.”). DOJ-OGR-00011198