The Fifth Circuit Court of Appeals has struck down the contempt charges that were ordered by Judge Kenneth Hoyt against Catherine Engelbrecht and investigator Gregg Phillips. He had ordered them held because they refused to tell the court who their informant was who told them that the Konnech investigation led them to find out that voter information from Pennsylvania was being sent and stored in China. The DOJ charged the CEO for the same reason. The funny thing is they dropped the charges the day after election day.
Engelbrecht and Phillips were kept in federal prison for a week, sometimes in isolation. According to Gregg Phillips:
[They were] strip searched and how they were placed in handcuffs and ankle irons. They also were chained around their waists for most of the first day as they were being processed. In the short clip below, Phillips also explains how Engelbrecht was forced to use the bathroom and shower with a plate of glass on her wall that made all of her activities viewable to anyone standing outside of her cell.
Phillips claimed that the reason they were so roughly treated is that the powers that be, wanted to silence them and to discourage people in the future to refrain from pointing out that the emperor has no clothes. Phillips says the evidence is irrefutable. The dropping of the charges is not unusual since they own Joe Biden,m they can pretty much do whatever they want.
The Fifth Circuit has now officially dropped the charges against Catherine Engelbrecht and investigator Gregg Phillips.
Such a demand [to disclose sources] makes perfect sense when made by a
plaintiff in discovery. But the record does not reveal what sort of emergency
justified the district court’s demand for that information before the parties
could file Rule 12 motions, before the defendants could file an answer, before
the parties could file their initial disclosures, or before discovery could begin
let alone conclude in the ordinary course.
Much less did the district court explain
what sort of emergency could warrant jailing the petitioner-defendants for
not making such immediate disclosures. Rather, the district court made clear
that it was imposing its disclosure requirements because it—the district
court—wanted to add defendants to the lawsuit
True The Vote issued a statement on the decision:
In October, the organization’s attorney, Brock Akers, told Hoyte the name of the “analyst” Philips had received the information from but no contact information. Konnech continued pressing the two, stating its belief that there were multiple informants because Phillips had previously used plural terms to describe his contacts. Engelbrecht and Phillips told the court their second person was a “confidential informant” with the FBI and would be in danger should their identity be released and refused to produce a name or information.
After not producing a name, Hoyte found the two in contempt of court, and they were briefly jailed beginning on October 31st. A week later, both were released from prison, and Engelbrecht said her resolve was “stronger than ever.”
According to the Fifth Circuit’s judgment, presented by Clerk Lyle Cayce, the issue at play was the TRO. Cayce said Konnech’s demand to know who had access to their systems is a reasonable request, but only after the discovery process. Cayce declared that the TRO was enforced before the discovery process and was therefore made disregarding the order of operations imposed by Federal Rules.
“It has long been settled that a party cannot be held in contempt for ‘disobeying an invalid order,’” according to Cayce.
The court ordered the case remanded to the district court to proceed consistent with federal rules.