In Re Harris

MEMORANDUM

This case is here on the Government’s motion to hold Charles S. Harris in civil contempt ( 28 U.S.C. § 1826 (a)) for his continued refusal to answer questions before the Special Grand Jury. For the reasons discussed in detail in the following memorandum, I find Harris in contempt.

Harris first was called before the Special Grand Jury investigating possible violations of 18 U.S.C. § 1951 and 26 U. S.C. § 7201 on August 1, 1974. In response to his assertion of his Fifth Amendment privilege, the Government applied for and was granted an order directing him to testify under the cloak of use plus fruits immunity, 18 U.S.C. §§ 6002 , 6003.

Harris again refused to testify at the next meeting of the Special Grand Jury, and was ordered to appear on August 29, 1974, to show cause why he should not be held in civil contempt for his refusal in the face of the Court’s order to testify.

On the morning set for the hearing, Harris filed a number of affidavits alleging that he and his attorney had been subjected to unlawful electronic surveillance, and requesting that the Government affirm or deny the surveillance as mandated by 18 U.S.C. § 3504 (a)(1). In another affidavit, he…