In Re Weir

ORDER ADJUDICATING CIVIL CONTEMPT

I. BACKGROUND

This is a civil contempt proceeding, pursuant to 28 U.S.C. § 1826 (a), to determine whether just cause exists for Mr. Weir’s refusal to answer questions put to him by the Federal grand jury.

On June 14, 1973, Mr. Weir was brought before a federal grand jury to answer questions regarding possible violations of the United States’ narcotics laws. Mr. Weir refused to answer any questions and the government thereupon moved that this court immunize witness Weir pursuant to the “use and derivative use” immunity statute, 18 U.S.C. §§ 6002 , 6003.

Mr. Weir, who throughout these proceedings has been most ably represented, requested leave of this- court to prepare an opposition to the government’s motion for immunity and order to testify. This court granted Mr. Weir’s counsel such time whereupon counsel submitted a series of documents designed both to test the government’s motion for an order to testify and to discover certain materials if in the possession of the government.

Mr. Weir opposed the government on four grounds: 1. that the immunity conferred by § 6002 was not coextensive with the Fifth Amendment privilege since it still would…