Executive Summary: Chelsea Manning’s “Grumbles” Motion
This brief digs into the distinction between a punitive sanction and one that is merely “coercive.” A person who is held in civil contempt may be confined (incarcerated) in order to coerce their compliance with the court’s order to testify before the grand jury, but they may not be “punished.” If there is no coercive effect to their confinement, either because the grand jury has ended, or because there is no possible way they will be convinced to comply with the order to testify, then the confinement must be deemed punitive, and must end.