# United States v. Irving Kahn and Minnie Kahn

> Court of Appeals for the Seventh Circuit · January 29, 1973 · 471 F.2d 191

URL: https://www.frixlaw.com/law-library/cases/9459010

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellant, v. Irving KAHN and Minnie Kahn, Defendants-Appellees
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** January 29, 1973
- **Citations:** 471 F.2d 191
- **Precedential status:** Published
- **Opinion:** Concurring in part by Knoch
- **Judges:** Knoch, Kiley, Stevens
- **Cited by:** 48 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by United States v. Kahn, 415 U.S. 143 (1974).
- Negative treatments: 1
- Distinguished by: 1
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9459010

## How later opinions describe it (automated extraction)

- rejecting the defendant’s reliance on 18 U.S.C.A. § 2517(4) because the court found a crime-fraud exception to the federal marital communications privilege

## Opinion text

KNOCH, Senior Circuit Judge
(concurring in part and dissenting in part).
I am in complete accord with Judge Kiley’s well reasoned views concerning the interception of Minnie Kahn’s telephone conversations with others than Irving Kahn, but I must respectfully dissent from his conclusion that the marital privilege does not apply to their conversations with each other. As counsel for the Kahns argued persuasively before this Court, an attorney-client relationship may be effectively destroyed once the two become fellow criminals, but husband and wife remain husband and wife even though they embark on a joint criminal venture. I would affirm the decision of the District Judge.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9459010. Public record. Not legal advice.