In the Matter of the Subpoena to Testify Before the Grand Jury Addressed to Martin S. Weg, Dds. Martin S. Weg, Dds v. United States

Martin S. Weg appeals from a district court order, entered pursuant to 28 U.S. C. § 1826, committing him to jail for civil contempt upon his refusal to produce medical records before a federal grand jury. Such refusal came after Weg had first declined to produce the records on the ground they might tend to incriminate him, following which the district court had granted him immunity under 18 U.S.C. §§ 6002 and 6003 and had ordered Weg to produce the records before the grand jury.

On this appeal, Weg argues: (1) Under the Fifth Amendment privilege against self-incrimination, testimony may not be compelled in the face of a claim of the privilege, however broad the immunity which is granted; and (2) the “use” immunity here granted under 18 U.S.C. §§ 6002 and 6003 does not provide protection commensurate with the self-incrimination clause of the Fifth Amendment, and testimony may not be compelled thereunder where the privilege is claimed.

The first of these arguments is foreclosed by decisions of the Supreme Court. See Reina v. United States, 364 U.S. 507, 514 , 81 S.Ct. 260 , 5 L.Ed.2d 249 (1960); Ullmann v. United States, 350 U.S. 422, 429-431 , 76 S.Ct. 497 , 100 L.Ed. 511 (1956).…