Published on Friday, 19 February 2010 15:55
For those of you keeping score at home, it is Trudeau 1, Gettleman 0. Attorneys for Chicago-based radio host, author and infomercial king, Kevin Trudeau took a chance and played a "Get Out Of Jail Free" card in court. Instead spending the next 30 days in jail for contempt of court, Trudeau's lawyers won a temporary reprieve from that sentence. The 7th U.S. Circuit Court of Appeals is letting Trudeau remain free while it decides upon the appeal asked for by the attorneys.
Last week, U.S. District Judge Robert Gettleman found Trudeau in contempt for asking his supporters to send e-mail messages to Gettleman, letting him know of their support for Trudeau. Trudeau said he wanted to show the judge that people had benefited from the book, "The Weight Loss Cure 'They' Don't Want You to Know About," which is the subject of the court case Gettleman is presiding over. The judge called the move a deliberate attempt to "harass, intimidate and influence" him. Gettleman then fined Trudeau and sentenced him to 30 days in jail.
Trudeau's lawyers argued that Judge Gettleman "obviously and egregiously overreacted" in finding their client in criminal contempt. Trudeau's attorney Kimball Anderson wrote in the appeal, "The court incarcerated Mr. Trudeau even though, when Mr. Trudeau learned of his error and before he was found in contempt, he immediately issued an unqualified apology, acknowledged that he had made a mistake, and urged his listeners not to email the court."
Oral arguments are set for this coming Tuesday. Unless, Trudeau's attorneys can persuade the Court of Appeals to overturn the ruling, Trudeau will have to go directly to jail. He cannot pass go; he cannot collect $200.
Which card gets played next week???