Opinion

In Re Grand Jury Proceedings, Harrisburg, Pennsylvania. In the Matter of Joques Egan

  • 450 F.2d 199
Court
Court of Appeals for the Third Circuit
Filed
Dec 14, 1971
Status
Published
Author
Rosenn
On the bench
Forman, Aldisert, Gibbons, Hastie, Seitz, Van Dusen, Adams, Rosenn
Cited by
59 cases

“It seems beyond question that a district court may not compel the violation of an express congressional prohibition.”

How later courts described this case

  • “It seems beyond question that a district court may not compel the violation of an express congressional prohibition.”
  • violation of statute and Fourth’ Amendment

Written by the judges who cited it.

The opinion

ROSENN, Circuit Judge,

in addition to filing a separate concurring opinion, joins in Part II of this opinion.

In view of the positions- of the judges constituting the majority, the judgment of contempt will be vacated and the case remanded for a hearing to determine whether the questions propounded to Sister Egan resulted from illegal electronic surveillance directed at her. 26

. A number of additional issues were raised by appellant. These include the questions whether the authorization by the Attorney General and the United States Attorney was in conformity with the Statute, whether the second immunity *218 application was in accord with the Act, whether the scope of the questions exceeded the grant of immunity, and whether the Fifth Amendment may be infringed despite immunity when the questions exceed the scope of immunity. However, in view of the fact that the rehearing en bane was convened primarily to hear argument regarding the use of illegal electronic surveillance in interrogating a grand jury witness, we have not considered them here.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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