According to today’s Brattleboro Reformer, free radio brattleboro‘s lawyer, James Maxwell plans to file a motion for the FCC to be held in contempt of court for Wednesday’s raid on the station.
The article only hints around what justifies contempt in this case. I figure the reasoning will hinge on the fact that the FCC’s request for an injunction that would have taken frb off the air was denied. And it was on that basis and the assurance of the FCC to the court that a confiscation was not planned that rfb withdrew its request for an injunction against FCC action.
rfb’s challenge to the FCC is at the Brattleboro federal court, and the FCC and the US Atty pulled a fast one by going to the Burlington federal court for the search warrant. But if rfb had been granted an injunction, the Feds would have been barred from acting without trying to take it to the Court of Appeals.
It’s always interesting when two district courts are set at odds with one another, especially since the FCC was dragging its feet with regard to answering questions posed by the Brattleboro court. I will be curious to see what reaction the Brattleboro court has to the raid, and FCC’s request for summary judgement, filed last month.
It may be that this is yet destined for the Court of Appeals.
And on top of the contempt request, Maxwell is also seeking the return of rfb’s equipment.