John Rogers MacKenzie v. United States

This is the third case in a series having similar facts involving conviction for refusal to answer questions propounded by a Congressional committee. AH involve the question of Fifth Amendment coverage.

The first case was Simpson v. United States, 9 Cir., 241 F.2d 222 . The second was Wollam v. United States, 9 Cir., 244 F.2d 212 .

To give the setting as the trial court had it, we set forth the record of the examination of MacKenzie which was received in evidence:

“Testimony of John MacKenzie, Accompanied by His Attorney, Irvin Goodman

“Mr. Kunzig. Would you give your full name please, sir ?

“Mr. MacKenzie. John MacKenzie.

“Mr. Kunzig. Would you spell it please ?

“Mr. MacKenzie. M-a-c-K-e-n-z-i-e.

“Mr. Kunzig. I notice that you are accompanied by counsel. Would counsel please state his name and office address for the record?

“Mr. Goodman. My name is Irvin Goodman. My Portland address is Portland Trust Building. Telephone At-water 7494.

“Mr. Velde. Thank you, sir.

“Mr. Kunzig. Mr. MacKenzie, what is your present residence ?

“Mr. MacKenzie. Mr. Chairman, I refuse to answer that question for the following reasons: On the grounds of the fifth amendment, I refuse to answer…