On June 5, 2019, a Ninth Circuit panel announced it would not consider an appeal of a nearly $200,000 penalty levied on Daleiden and his criminal defense attorneys for using the video footage in the furtherance of his defense. The federal judge presiding over related civil lawsuits, District Judge William Orrick, had held that criminal defense counsel’s use of the videos violated a gag order he imposed in one of the federal civil actions. Daleiden and his defense counsel appealed, arguing that Orrick had improperly imposed a criminal contempt penalty without granting the accused due process and that the federal civil injunction should not apply to Daleiden’s state criminal proceeding. Click here for more
