In Re Grand Jury Proceedings. United States of America v. Jonathan Garrett, Witness-Appellant

Jonathan Garrett appeals the district court’s judgment holding him in civil contempt for refusing to testify before the grand jury. He argues that he has demonstrated just cause for his refusal to testify based on his claim that he has been subjected to illegal electronic surveillance.

A grand jury witness may refuse to answer questions based on the illegal interception of his communication. 18 U.S.C. § 3504 ; Gelbard v. United States, 408 U.S. 41, 52 , 92 S.Ct. 2357, 2363 , 33 L.Ed.2d 179 (1972). If the witness makes a preliminary showing that he was a victim of illegal electronic surveillance, the government must unequivocally affirm or deny the use of such surveillance. United States v. Gardner, 611 F.2d 770, 774 (9th Cir.1980); United States v. Alter, 482 F.2d 1016, 1026-27 (9th Cir.1973). The witness’ claim must be sufficiently concrete and specific before the government is required to make a like response, however. United States v. See, 505 F.2d 845, 856 (9th Cir.1974), ce rt. denied, 420 U.S. 992 , 95 S.Ct. 1428 , 43 L.Ed.2d 673 (1975). If the witness makes only a general or unsupported claim, the government need not make a particularized response. Id. Thus, the…