Wolf

MEMORANDUM **

This is a recalcitrant witness appeal. 28 U.S.C. § 1826 . Appellant Joshua Wolf contests his duty to comply with a grand jury subpoena directing him to give testimony and to produce, inter alia, a videotape that he made of a protest demonstration that took place on July 8, 2005. Wolf contends that the subpoena violates his rights under the First and Fifth Amendments to the United States Constitution. We affirm the district court’s contempt order.

The district court had jurisdiction pursuant to 28 U.S.C. §§ 1826 , 1331. We have jurisdiction pursuant to 28 U.S.C. §§ 1826 , 1291. We review the district courts contempt order for abuse of discretion. See Doe v. United States, 383 F.3d 905, 909 (9th Cir.2004).

The grand jury is investigating events that took place during the protest when, allegedly, a police car was set on fire by one of the protestors. The grand jury believes that Wolfs videotape might contain evidence of the perpetrators who set the fire. Accordingly, the grand jury issued a subpoena directing Wolf to appear before it on June 15, 2006, to testify, and to bring with him all of the records and materials set forth in the attachment to the subpoena. Wolf…