In Re Grand Jury Investigation, 2003r01576. John Doe, Witness-Appellant v. United States

John Doe appeals the district, court’s order holding him in civil contempt pursuant to 28 U.S.C. § 1826 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s finding of contempt for abuse of discretion, see In re Grand Jury Proceedings (Lahey), 914 F.2d 1372, 1373 (9th Cir.1990) (per cu-riam), and affirm.

I.

Doe argues that-the district court erred by holding him in contempt for his refusal to answer the questions posed to him by the government before the grand jury. Specifically, Doe contends that the government did ndt meet its burden of proof in responding to his allegations that he has been the subject of illegal surveillance.

“A grand jury witness may refuse to answer questions based on the illegal interception of his communication.” In re Grand Jury Proceedings (Garrett), 773 F.2d 1071, 1072 (9th Cir.1985) (per curiam) (citing 18 U.S.C. § 3504 and Gelbard v. United States, 408 U.S. 41, 52 , 92 S.Ct. 2357 , 33 L.Ed.2d 179 (1972)). See also 18 U.S.C. § 2515 . “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.”…