Shelton v. United States
Decision Date | 14 August 1968 |
Docket Number | No. 20587.,20587. |
Citation | 404 F.2d 1292 |
Parties | Robert M. SHELTON, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — District of Columbia Circuit |
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Mr. Lester V. Chalmers, Jr., Raleigh, N. C., of the bar of the Supreme Court of North Carolina, pro hac vice, by special leave of court, and Mr. Paul Shiffman, Washington, D. C., for appellant.
Mr. Robert L. Keuch, Atty., Department of Justice, with whom J. Walter Yeagley, Asst. Atty. Gen., Messrs. David G. Bress, U. S. Atty., and Kevin T. Maroney, Atty., Department of Justice, were on the brief, for appellee. Mr. Frank Q. Nebeker, Asst. U. S. Atty., also entered an appearance for appellee.
Mr. Thurman Arnold, Washington, D. C., (appointed by this court), with Mr. Daniel A. Rezneck, Washington, D. C., filed a brief as amicus curiae, after argument.
Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and WRIGHT, Circuit Judge.
Certiorari Denied January 13, 1969. See 89 S.Ct. 634.
Robert M. Shelton appeals from a judgment entered upon a jury's verdict finding him guilty of contempt of Congress in violation of 2 U.S.C. § 192.1 He is under sentence of one year imprisonment and a fine of $1,000.00. We affirm.
The case arose and progressed as now explained. Mr. Shelton was served on October 11, 1965, with a subpoena duces tecum, issued a few days earlier by a Subcommittee of the House Committee on Un-American Activities. The subpoena summoned him to appear as a witness before the full Committee or a Subcommittee thereof and to bring with him and produce items specified in an attachment to the subpoena consisting of five numbered paragraphs. The first four paragraphs specified books, records, documents, correspondence and memoranda of named Klan organizations which were in his possession, custody or control, or which were maintained by or available to Mr. Shelton as Imperial Wizard of the organizations. The fifth paragraph called for the production of copies of Mr. Shelton's individual income tax returns for the years 1958 through 1964. The full text of the subpoena is set forth in an Appendix to this opinion.
On October 19, 1965, Mr. Shelton appeared with counsel in response to the subpoena at a hearing of the Subcommittee which had issued the subpoena and which had previously been authorized by the full Committee to conduct the investigation. At that time Mr. Shelton was asked to produce the documents called for in each of the five paragraphs of the attachment.2 He refused to produce anything called for in the subpoena.3 On October 20, 1965, Mr. Shelton again appeared before the Subcommittee. This time he was directed to produce only the documents specified in the first four paragraphs of the attachment, which he refused to do.4 He was not asked to produce copies of the individual tax returns referred to in paragraph (5). Mr. Shelton gave the following reasons for his refusal to produce:
Thus, the House cited Mr. Shelton only for his failure to produce the items in the first four paragraphs, which did not include copies of his individual income tax returns, and the indictment and conviction are likewise limited to his failure and refusal to produce on October 20 any of the items requested in paragraph (1) through (4) of the subpoena.10
We consider now the sufficiency of the reasons which Mr. Shelton advanced before the Subcommittee for his refusal to produce these documents. Except as we shall later note we cover in this manner all defenses he advanced at trial and all contentions he makes on this appeal.
On April 14, 1965, after extensive debate, this resolution was agreed to by the House vote of 313 to 43. And see the Committee resolution of March 30, 1965, n. 20 infra.
2. He objected that the investigation would not aid the Congress in the discharge of any valid legislative purpose. We think this objection not well founded.
Id. at 187, 77 S.Ct. at 1179. And see Barenblatt v. United States, 360 U.S. 109, 111, 79 S.Ct. 1081, 3 L.Ed.2d 1115.
The Court declared, however, in Watkins, that, although "broad," the power of inquiry "is not unlimited," noting at least two limitations. First, "there is no general authority to expose the private affairs of individuals without justification in terms of the functions of the Congress." Second, Congress is not The object of the particular inquiry in question must be examined to ascertain whether it is within the broad investigative authority of Congress.
The Supreme Court has recognized that several sources are available in aid of ascertaining this. One of these is the resolution of the Congress authorizing the inquiry. Wilkinson v. United States, 365 U.S. 399, 408, 81 S.Ct. 567, 5 L.Ed.2d 633; Watkins v. United States, supra, 354 U.S. at 209, 77 S.Ct. 1173. Others are the opening statement of the Chairman at the hearings; and statements of the members of the committee, Watkins v. United States, supra, 354 U.S. at 209, 77 S.Ct. 1173, or of the Staff Director, Wilkinson v. United States, supra, 365 U.S. at 408, 81 S.Ct. 567, during the hearing. The pattern of interrogation of witnesses may also be of help. Ibid. "All these sources indicate the...
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