Price v. United States, 13925.
Decision Date | 18 June 1960 |
Docket Number | No. 13925.,13925. |
Citation | 280 F.2d 715 |
Parties | William A. PRICE, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Harry I. Rand, Washington, D. C., with whom Mr. Leonard B. Boudin, New York City, was on the brief, for appellant.
Miss Doris H. Spangenburg, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Carl W. Belcher, Lewis Carroll, William Hitz, and Harold D. Rhynedance, Jr., Asst. U. S. Attys., were on the brief, for appellee.
Mr. John D. Lane, Asst. U. S. Atty., also entered an appearance for appellee.
Before WASHINGTON, BASTIAN and BURGER, Circuit Judges.
Appellant was convicted in the District Court for contempt under 2 U.S.C.A. § 192 for refusal to answer 8 questions1 when he testified under subpoena before the Subcommittee on Internal Security, Senate Judiciary Committee. The hearings at which appellant testified were conducted pursuant to Senate Resolution 366 of the 81st Congress and Resolution 54 of the 84th Congress.*
Appellant appeared first in executive sessions of the Subcommittee and later in public sessions. At all times he was attended by counsel who was experienced in appearances before Congressional Committees conducting hearings of this general character. Appellant refused to answer the questions set forth in the indictment and explained his refusal in a prepared written statement which he handed to the Subcommittee and counsel to be inserted in the record. From time to time he referred to the statement and embellished it as a basis for his refusal to answer questions. He consulted frequently with his counsel before responding or refusing to answer questions.
The District Court's opinion succinctly deals with the case and we affirm the conviction on the grounds relied on by that court. In pertinent part that opinion is as follows:
The formal statement relied on by appellant and filed with the Subcommittee warrants discussion in view of the comments of the Supreme Court in the Barenblatt case2 concerning a statement filed by Barenblatt and containing recitals comparable to those in appellant's statement. Like Barenblatt, Price repeated that the Subcommittee could not lawfully inquire into his "political beliefs, his religious beliefs, or any other personal or private affairs and any associational activities." He cited various decisions of the courts which were also referred to in his prepared statement, expressly disclaiming reliance on the absolute bar of the Fifth Amendment. Similarly, as in Barenblatt, the lengthy prepared statement, drafted as we are told with the aid of counsel who sat at his...
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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
...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, 280 F.2d 715; 108 U.S.App.D.C. 130, 280 F.2d 2. 'Every person who having been summoned as a witness by the authority of either House of Congres......
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Gojack v. United States, 13464.
...701 — affirmed. No. 13871 — Liveright v. United States, 108 U.S.App.D.C. ___, 280 F.2d 708 — affirmed. No. 13925 — Price v. United States, 108 U.S.App.D.C. ___, 280 F.2d 715 — 3 Included in the 1955 Annual Report of the Committee on Un-American Activities to the House of Representatives was......
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Whitman v. United States
...similar to that of the appellants in Shelton v. United States, 1960, ___ U.S.App.D.C. ___, 280 F.2d 701, and Price v. United States, 1960, ___ U.S.App.D.C. ___, 280 F.2d 715. In light of those decisions, the claims covered by the first and fifth contentions must be rejected. And in view of ......