In the Matter of Grand Jury Witness, Anthony Russo, Jr. Anthony Russo, Jr. v. United States

This is an appeal from an order of the district court holding Russo, a witness before the grand jury, in civil contempt for failure to answer questions, 28 U.S. C. § 1826, after being granted immunity under 18 U.S.C. § 2514 .

Russo raises procedural questions allegedly invalidating the judgment, and also contends that subsequent to the refusal to answer, the grand jury has in-dieted one Ellsberg, who was the subject of most of the questions, and that the proceeding is now moot. We affirm.

We note preliminarily that notice of appeal was filed on July 2, 1971. 28 U. S.C. § 1826(b) requires the appeal to be determined within 30 days, i. e. by August 1, a Sunday. Appellant’s brief was filed July 27, 1971 and appellee’s brief was handed to members of the panel on August 2, 1971, the day argument was scheduled and heard. On August 2, we entered our order affirming the judgment with a statement that an opinion would be filed. Appellant has raised no question as to the 30 day period.

I.

The Claimed Procedural Defects

Appellant claims he received inadequate notice of both the immunity appli cation, and the contempt proceedings. Appellant had been subpoenaed to appear and appeared…