United States v. Wayne B. Clizer

Clizer appeals from a judgment of conviction on two counts, I and III, of perjury committed before a grand jury. We affirm the conviction on Count I and reverse the conviction on Count III.

A. Background.

In the summer of 1970, the National Farmers Organization, of which Clizer was a member and leader, was attempting, in the area of Grant County, Washington, to raise the price of hay. Clizer was active in these efforts. NFO tried to persuade its members and non-members to withhold prorated quantities of hay from the market. This program had failed because of lack of participation by area farmers, and it was even resisted by many NFO members. Clizer had attended NFO meetings in which violence had been advocated by some NFO members as a method of forcing dissenting farmers to comply.

During the early morning hours of August 7, 1970, a large number of hay stack fires occurred in the area. One result was an investigation by a federal grand jury for the Eastern District of Washington. It was seeking to determine whether 18 U.S.C. §§ 371 , 837, 1951 and 1952 had been violated. Clizer was summoned before the grand jury and testified on November 10, 1970. On November 12, he was…