In Re Grand Jury Witness, Joseph Bernard Droback v. United States

Joseph Bernard Droback appeals an order adjudging him in contempt of court for refusing to testify before a federal grand jury after the court granted him immunity under 18 U.S.C. §§ 6002-6003 , and ordered him to testify. We affirm.

The only issue is whether a grand-jury witness whose identity and possible knowledge of crime have been discovered through a court-ordered wiretap may, by refusing to testify, delay the proceedings while he conducts a plenary challenge of the electronic surveillance. He may not. In re Persico, 491 F.2d 1156 (2d Cir.), cert. denied, 419 U.S. 924 , 95 S.Ct. 199 , 42 L.Ed.2d 158 (1974).

Droback contends that In re Lochiatto, 497 F.2d 803 (1st Cir. 1974), compels a contrary result. We disagree. But even if Lochiatto conflicts in part with Pérsico, we believe that Pérsico more accurately reflects congressional policy authorizing a narrow range of court-ordered wiretaps than does Lochiatto .

Droback’s interpretation of the cases would require the grand-jury investigation of any witness to come to a halt any time the witness chooses to assert some latent defect in the court order or its underlying papers, or some defect in the conduct of the…