(Download) "United States v. Neiberger" by United States Court Of Appeals For The Sixth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Neiberger
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 02, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Appellant United States appeals from an order entered in the United States District Court for the Eastern District of Michigan denying its application for an order granting immunity to two appellees under 18 U.S.C. § 2514 (1970). Appellees had previously been subpoenaed as witnesses before a federal grand jury sitting in Detroit and had refused to testify on Fourth and Fifth Amendment grounds. At the proceeding before the District Judge, the United States Attorney presented the District Court with a letter from an Assistant Attorney General authorizing the United States Attorney for the Southern District of Michigan to seek a grant of immunity for the named appellees. The government also submitted a sworn affidavit from the United States Attorney that the subject of the questions to be asked of the appellees before the grand jury was in fact related to the investigation of crimes enumerated in § 2514. The District Judge, apparently relying upon dictum in In re Vericker, 446 F.2d 244, 248 (2d Cir. 1971), held that the government was required at this point to make a ""modest showing"" in open court in an adversary hearing that the grand jury was actually investigating the crimes referred to in the affidavit. This the government declined to do, although it offered the entire grand jury transcript of the attempt to question these witnesses for in camera inspection by the court, an offer which was declined by the Judge.