700
Opinion of Scalia, J.
tempt, at least in its nonsummary form, "is a crime in every fundamental respect." Bloom, supra, at 201; accord, e. g., Steamship Co., 20 Wall., at 392. Because Dixon's drug offense did not include any element not contained in his previous contempt offense, his subsequent prosecution violates the Double Jeopardy Clause.
The foregoing analysis obviously applies as well to Count I of the indictment against Foster, charging assault in violation of § 22-504, based on the same event that was the subject of his prior contempt conviction for violating the provision of the CPO forbidding him to commit simple assault under § 22-504.3 The subsequent prosecution for assault fails the Blockburger test, and is barred.4
B
The remaining four counts in Foster, assault with intent to kill (Count V; § 22-501) and threats to injure or kidnap (Counts II-IV; § 22-2307), are not barred under Blockburger. As to Count V: Foster's conduct on May 21, 1988, was found to violate the Family Division's order that he not "molest, assault, or in any manner threaten or physically abuse" his wife. At the contempt hearing, the court stated that Ana
3 It is not obvious that the word "assault" in the CPO bore the precise meaning "assault under § 22-504." The court imposing the contempt construed it that way, however, and the point has not been contested in this litigation.
4 Justice White complains that this section of our opinion gives the arguments of the United States "short shrift," post, at 720, and treats them in "conclusory" fashion, post, at 721. He then proceeds to reject these arguments, largely by agreeing with our analysis, post, at 721, 722, 724, 726. We think it unnecessary, and indeed undesirable, to address at any greater length than we have arguments based on dictum and inapplicable doctrines such as dual sovereignty. The remainder of that part of Justice White's opinion that deals with this issue argues—by no means in conclusory fashion—that its practical consequences for law enforcement are not serious. Post, at 727-731. He may be right. But we do not share his "pragmatic" view, post, at 739, that the meaning of the Double Jeopardy Clause depends upon our approval of its consequences.
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