In the Matter of Stanley Cecil Braughton, Grand Jury Witness. United States of America v. Stanley Cecil Braughton

Stanley Cecil Braughton appeals an order adjudging him in contempt of court and ordering him into custody pursuant to 28 U.S.C. § 1826 (a) for refusing without just cause to provide a handwriting exemplar in an appearance before a grand jury.

A stay was granted and Braughton has remained at liberty on bond pending this expedited appeal under § 1826(b). He challenges the order to complete the handwriting exemplar on two main grounds: (1) an alleged defect in the warrant for his arrest as a material witness; and (2) an assertion that the form of the exemplar violates his privilege against self-incrimination.

The warrant for Braughton’s arrest was supported by a sealed affidavit which satisfied the issuing district judge of the need for Braughton’s appearance and informed the judge of facts that made the warrant advisable. The affidavit was sealed because it referred to matters that could not be made public without jeopardizing investigations involving individuals not yet in custody. We have examined the affidavit and are satisfied that the judge who issued the warrant did not abuse his discretion in issuing the warrant, nor in ordering the affidavit sealed until such time…