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IN RE CONTEMPT FINDING IN U.S. v. STEVENS

No. 10-5372.

663 F.3d 1270 (2011)

In re CONTEMPT FINDING IN UNITED STATES v. STEVENS, William M. Welch and Brenda K. Morris, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 9, 2011.

Attorney(s) appearing for the Case

Mark H. Lynch and Catherine E. Stetson argued the cause for appellants. With them on the briefs were Simone E. Ross , William W. Taylor III , Chuck Rosenberg, and Michele W. Sartori .

Steven H. Goldblatt , appointed by the court, argued the cause as amicus curiae in support of the lower court's judgement. With him on the brief was Doug Keller , Supervisory Attorney.

Concurring opinion by Senior Circuit Judge EDWARDS.

ROGERS, Circuit Judge:

The issue in this appeal is whether the district court erred in holding two Justice Department attorneys in contempt without affording them the procedural protections provided by Rule 42(a) of the Federal Rules of Criminal Procedure for criminal contempt. We hold there was no error. The character and nature of the contempt were civil. Its purpose was to compel the production of documents to the defendant...

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