United States v. In Re Linda Marie Reynolds, Witness Before Special Grand Jury

Good Law
449 F.2d 1347·1971 U.S. App. LEXIS 7493
United States Court of Appeals for the Ninth CircuitOctober 21, 197171-2496_1California2,593 words

Opinion

Opinion

Duniway, J.

Reynolds appeals from an order finding her in contempt for refusing to answer questions propounded to her as a witness subpoenaed before a grand jury. We are required by 28 U.S.C. § 1826 (b) to decide this appeal within 30 .days from September 20, 1971. We affirm.

1. The facts.

Pursuant to a subpoena, the validity of which is not contested, Reynolds appeared before a Federal Grand Jury at San Francisco on August 5, 1971. She gave her name and address, but refused to answer other questions. Instead she demanded to know whether any of the information leading to her being subpoenaed, or which was used as a basis for the questions propounded to her, had been obtained by illegal wire tapping, electronic surveillance, or other illegal means. She was ordered to return on September 9. On September 3, the government filed and served by mail a motion to disclose the August 5 proceedings (Rule 6(e) F.R.Crim.P.) and for an order compelling her to answer. The moving papers stated that, if she were to again refuse to answer, the government would move to have her held in contempt, and that, if she claimed a privilege not to testify under the Fifth Amendment, the government would ask the court…

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