Federal Trade Commission v. Trudeau

Dist. Ct. erred in summarily finding under Fed. R. Crim Pro. 42(b) that defendant was in direct criminal contempt of court by extorting his radio audience to flood Dist. Ct. with e-mails, some of which contained threatening language, while Dist. Ct. was considering civil contempt proceeding against defendant. Dist. Ct. should have proceeded under Rule 42(a) requiring normal criminal process and could not render summary disposition since any contempt was done outside Dist. Ct.'s presence. Ct. of Appeals rejected argument that presence condition was satisfied where Dist. Ct. read e-mails on court's computer since Dist. Ct. had to do outside research to determine why it was getting e-mails. Fact that there may have been urgency to preserve court's security did not justify need to punish defendant summarily.