Russell v. United States, 13529.
| Decision Date | 18 June 1960 |
| Docket Number | No. 13529.,13529. |
| Citation | 108 US App. DC 140,280 F.2d 688 |
| Parties | Norton Anthony RUSSELL, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Joseph A. Fanelli, Washington, D. C., with whom Mr. J. H. Krug, Washington, D. C., was on the brief, for appellant.
Mr. William Hitz, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Carl W. Belcher, Lewis Carroll and John D. Lane, Asst. U. S. Attys., were on the brief, for appellee.
Mr. Harold D. Rhynedance, Jr., Asst. U. S. Atty., also entered an appearance for appellee.
Before WASHINGTON, BASTIAN and BURGER, Circuit Judges.
This is a contempt of Congress case, under Section 192 of Title 2 U.S.C.A.
Appellant was convicted, after trial by jury, on three counts of an indictment charging him with refusal to answer certain questions propounded by a subcommittee of the Committee on Un-American Activities of the House of Representatives. This appeal followed.1
The first contention advanced by appellant is that he was subpoenaed to appear before the subcommittee in Washington, D. C., solely in order that he might be punished for contempt. He had declined to answer certain questions put to him by a member of the subcommittee at a hearing in Dayton, Ohio, and it seems agreed by all parties that this initial refusal could not have resulted in a contempt citation. But it does not follow that the subcommittee could not thereupon properly summon him to Washington to appear before a tribunal which was empowered to initiate proceedings for contempt, upon his continued refusal to answer. See Flaxer v. United States, 1958, 358 U.S. 147, at page 151, 79 S.Ct. 191, at page 193, 3 L.Ed.2d 183.
Other contentions advanced include these: that the trial court could not decide as a matter of law that the Chairman of the full committee could appoint subcommittees, or decide that such an appointment could properly be made by telephone. Appellant says these matters should have been left to the jury. But we think the legal questions raised were within the trial court's prerogative. The judge decided those questions, and we think he did so correctly. The jury was allowed to make the ultimate decision, under proper instructions, as to whether the defendant-appellant was summoned to appear before a properly-constituted subcommittee. Its verdict indicated that it found that he was, and the...
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Russell v. United States Shelton v. United States Whitman v. United States Liveright v. United States Price v. United States Gojack v. United States 8212 12, 128, s. 8
...recent decisions in the Barenblatt, Wilkinson, and Braden15 cases, as was all but acknowledged at the bar. I would affirm. 1. 108 U.S.App.D.C. 140, 280 F.2d 688; 108 U.S.App.D.C. 153, 280 F.2d 701; 108 U.S.App.D.C. 226, 281 F.2d 59; 108 U.S.App.D.C. 160, 280 F.2d 708; 108 U.S.App.D.C. 167, ......
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United States v. Turoff
...v. United States, 1961, 108 U.S. App.D.C. 160, 280 F.2d 708, 714, certiorari granted, 81 S.Ct. 1914; Russell v. United States, 1960, 108 U.S.App.D.C. 140, 280 F.2d 688, 689, certiorari granted, 81 S.Ct. 1913. See United States v. Siegel, 2 Cir., 263 F.2d 530, 533, certiorari denied, 1959, 3......
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Gojack v. United States, 13464.
...eight cases have this day been decided as follows: No. 13464 — Gojack v. United States — affirmed. No. 13529 — Russell v. United States, 108 U.S.App.D.C. ___, 280 F.2d 688 — affirmed. No. 13656 — Watson v. United States, 108 U.S.App.D.C. ___, 280 F.2d 689 — reversed. No. 13694 — Deutch v. U......