DefensesViolation of an Invalid Decree
A decree which has been erroneously rendered must nonetheless be
until overturned, and violators thereof may be punished for criminal
United States v. United Mine Workers of America, 330 U.S. 258,
(1947); United States v. J. Myer Schine, 260 F.2d 552, 557 (2nd Cir.
1959), cert. denied, 358 U.S. 934 (1959). A possible exception
where the order is "transparently" unlawful. Walker v. City of
Birmingham, 388 U.S. 307, 315 (1967). See also Maness v.
Meyers, 419 U.S. 449 (1975) (lawyer may not be held in contempt for good
faith advice to client to invoke Fifth Amendment).|
A contempt proceeding does not open to reconsideration the legal or
factual basis of the underlying order; the proceeding is not a retrial of
original controversy. See Maggio v. Zietz, 333 U.S. 56, 69
United States v. First State Bank, 691 F.2d 332 (7th Cir. 1982).
an issue that could have been raised when the decree was entered cannot be
for the first time in a contempt proceeding. See generally,
States v. Rylander, 460 U.S. 752 (1983).
[cited in USAM 9-39.000]