In Re Irwin Gordon, a Witness Before the Federal Grand Jury. United States of America v. Irwin Gordon

Gordon appeals from an order of the district court holding him in contempt for refusing to comply with an order that he answer questions propounded before a grand jury after he had been granted immunity. He has been committed to the custody of the Attorney General until he purges himself of the contempt or until the life of the grand jury expires. Appellant is presently free on bail.

The government moved to dismiss this appeal for failure to pay the docket fee pursuant to Rule 12(c) of the Federal Rules of Appellate Procedure. Although late, payment has now been made. No delay in the appeal process having resulted, the motion is denied.

The law does not require that the district court make the type of protective order appellant unsuccessfully sought below although the court, in its discretion, might have granted it. United States v. Canon, 534 F.2d 139 (9th Cir. Apr. 8, 1976). Cf. Goldberg v. United States, 472 F.2d 513 , 516 n.5 (2d Cir. 1973).

Nor may appellant, as a recalcitrant witness, delay the grand jury proceedings while he litigates the question of the validity of the electronic surveillance. Droback v. United States, 509 F.2d 625 (9th Cir. 1975); In re…