In Re Grand Jury Proceedings. United States of America v. Barbara Hutchinson

This is an appeal from an order adjudging the appellant, a grand jury witness, in civil contempt of court for refusing without just cause to produce documents before the grand jury as ordered by the court. Jurisdiction for this appeal is based on 28 U.S.C. §§ 1291 and 1294.

The appellant, Barbara Hutchinson, is the grantor, and one of three trustees of the Estate Guardian Educational Trust (EGET). She formed EGET in June 1976, as the entity through which to operate her tax-advisory services, and enterprises called Citizens Courtroom Workshop and Taxfax.

On June 4, 1980, a grand jury subpoena duces tecum was issued to Hutchinson requiring her to produce business records of EGET, CCW, and Taxfax in her possession. She appeared before the grand jury on June 26, 1980 but refused to produce the documents on the grounds that she had been subjected to illegal electronic surveillance. A hearing was held on June 26, 1980 at which Judge Schwartz rejected her electronic surveillance argument, holding that the government’s affidavits denying illegal surveillance were adequate to rebut her nonspecific claim of improper surveillance. The court ordered Hutchinson to comply with the subpoena.…