Yes, the US Marshall Service is part of the Department of Justice.

https://en.wikipedia.org/wiki/United_States_Marshals_Service

And, although they operate under the direction of the Attorney General, the following brings up an interesting point:

The Marshals Service serves as the enforcement and security arm of the U.S. federal judiciary

If the court issues an order and the attorney general subsequently refuses to enforce that order, couldn’t the court then issue an order placing the attorney general under arrest?

  • vvilld@lemmy.world
    0·
    16 days ago

    Wouldn’t ever even come to that, at least not under the current Trump administration.

    Yes, the US Marshall Service is technically the enforcement arm of the judiciary, but they’re under the Department of Justice and answer directly to the US Attorney General. The DoJ is part of the Executive Branch and the AG is a member of the Cabinet appointed by the President. The current AG is Pam Bondi, who is a VERY close Trump ally who’s been working for him in various ways as a lawyer since at least 2019.

    The Supreme Court doesn’t order the Marshall Service to do anything. They send a request to the AG, who then gives orders to the Marshall Service. Even under previous administrations it would have been incredibly difficult to imagine the circumstance where the AG would order the Marshalls to arrest a member of the Executive Branch, and it’s just never going to happen under Trump.

    • 【J】【u】【s】【t】【Z】@lemmy.world
      1·
      15 days ago

      28 USC Sec. 566

      (a)It is the primary role and mission of the United States Marshals Service to provide for the security and to obey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals, the Court of International Trade, and the United States Tax Court, as provided by law.

      (b) The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in that district, and of the Court of International Trade holding sessions in that district, and may, in the discretion of the respective courts, be required to attend any session of court.

      ©Except as otherwise provided by law or Rule of Procedure, the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties.

      This codified the common law in the US.

      The Court’s order to its district marshal is superior to any DoJ order. If the marshal won’t act, the Court can conpel them into court and hold them in contempt.

      Courts (and marshals) can also deputize people to execute their orders. They can also hold others in contempt who contribute to orders not being followed…they can start seizing and freezing assets of Trump’s helpers; they can award money damages as sanctions, they can disbar attorneys. There’s a lot they can do. I hope the courts start playing hard ball with these lawless fucks.