Michael Gorean Stewart v. United States of America, Charles Joseph Kastigar v. United States
Opinion
Opinion
This is an appeal from an order of the district court adjudging the appellants, Michael Stewart and Charles Kastigar, to.be in civil contempt and ordering them confined. The order was entered pursuant to Section 301(a) of the Organized Crime Control Act of 1970, 28 U.S.C. § 1826 , when appellants refused to answer questions before a grand jury after having been granted immunity under Section 201(a) of that Act. 18 U.S.C. § 6002 . Because the statute pursuant to which this appeal was taken requires that the appeal be disposed of not later than thirty days from its filing, the unpublished order affirming the judgment of the district court was entered and filed on March 10,1971, with the notation that this opinion of the panel was to follow.
Appellants’ difficulties stem from the fact that each of them refused to answer questions put to him by the federal grand jury after an order granting immunity under 18 U.S.C. § 6001 et seq. had been obtained for each. They claim the shelter of the Fifth Amendment privilege against self-incrimination. They also assert that the summary procedure provided by 28 U.S.C. § 1826 denies them due process of law.