United States v. Samuel H. McMahon Jr.

I respectfully dissent. The order as written and explained did not clearly prohibit McMahon’s conduct. The order’s failure to specify anything other than exclusion from the courtroom cannot be salvaged by evi*646dence suggesting that McMahon believed the order to be broader in scope. This is a criminal contempt case, and the existence of a clear and specific order was not proved beyond a reasonable doubt. I would therefore reverse McMahon’s conviction.

I

The written sequestration order, entered pretrial, provided that “the Defendant’s witnesses will be excluded from the courtroom.” Just before…