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

ORDER

The Opinion filed on December 8, 2005, and appearing at 430 F.3d 1227 (9th Cir.2005) is hereby amended, and the amended Opinion will be filed concurrently with this Order.

With the Opinion as amended, the panel has voted to deny Appellant’s Petition for Rehearing.

The Petition for Rehearing is DENIED.

Further petitions for rehearing or for rehearing en banc will be entertained by this court.

OPINION

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 not 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…