# United States v. William Ludwig Ullmann

> Court of Appeals for the Second Circuit · June 6, 1955 · 221 F.2d 760

URL: https://www.frixlaw.com/law-library/cases/9444579

## Case

- **Full name:** UNITED STATES of America, Appellee, v. William Ludwig ULLMANN, Appellant
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** June 6, 1955
- **Citations:** 221 F.2d 760
- **Precedential status:** Published
- **Opinion:** Concurrence by Calston
- **Judges:** Calston, Clark, Frank, Galston
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9444579

## Opinion text

CALSTON, District Judge
(concuring)
If this matter were one of first impression I could easily reach the conclusion that the immunity statute in question is in effect a circuitous attempt to circumvent the Constitution by a short-cut legislative statute amending the Fifth Amendment. However, it would appear that the authorities support the contention that Congress has the power to compel testimony by the enactment of an immunity statute which provides an immunity co-extensive with privilege against self-incrimination. Brown v. Walker, 161 U.S. 591 , 16 S.Ct. 644 , 40 L.Ed. 819 ; Smith v. United States, 337 U.S. 137 , 69 S.Ct. 1000 , 93 L.Ed. 1264 . Secondly, that being so, consistently it can be argued that the statute is not invalid for failure expressly to grant immunity from state prosecution. United States v. Murdock, 284 U.S. 141 , 52 S.Ct. 63 , 76 L.Ed. 210 ; Feldman v. United States, 322 U.S. 487 , 64 S.Ct. 1082 , 88 L.Ed. 1408 . See also Jack v. Kansas, 199 U.S. 372 , 26 S.Ct. 73 , 50 L.Ed. 234 .
The good faith of the Attorney General when he acts under 18 U.S.C.A. Section 3486 (c) should be assumed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9444579. Public record. Not legal advice.