<mockery>It has been remarked that TDPK seems to have delusions of adequacy when it comes to representing himself in court. It’s somewhat surprising to me that he would file a court document that essentially admits all the elements of contempt of court.
As I have pointed out many times, I am not a lawyer, but Laura Thornton is, and the Virginia State Bar has an article she wrote posted on its website titled Fines, Imprisonment or Both: Civil vs. Criminal Contempt. In her piece she lays out the elements of civil contempt in Virginia.
[T]he existence of a court order either prohibiting or mandating an act by the defendant; the defendant’s actual knowledge of such an order; and violation of such order by the defendant.
Now look at what TDPK wrote in his most recent motion in the Virginia case.
This court has issued and ORDER compelling Defendant to comply with the Rules of Discovery by October 5, 2012. Defendant cannot and will not comply …
Existence of an order mandating an act. Check.
Defendant’s actual knowledge of such an order. Check.
Violation of such an order. Check.
Yeah. That’s expert legal maneuvering, that is. Admitting to all the elements of civil contempt. But it gets better. Ms. Thornton also lays out the elements of criminal contempt.
To establish a case for criminal contempt, the Commonwealth must prove an intentional or willful act by the defendant. Such act may be a violation of a court order or be conduct that undermines the integrity of the court, including those instances set forth in Virginia Code Section 18.2-456 (i.e., misbehavior in the presence of the court, violence or threats to a judge or court officer, vile language, misbehavior of a court officer, disobedience or resistance to court process or orders).
Intentional act. Check
Violation of a court order. Check.
Disobedience or resistance to court process or orders. Check.
Yes. We are surely witnessing the work of a brilliant legal mind.</mockery>
We’ll see how impressed Judge Potter is this Friday. Of course, complying with the court’s order concerning discovery …
Tick, tock, tick, tock, …