United States v. United States District Court
Decision Date | 13 November 1956 |
Docket Number | No. 7311.,7311. |
Citation | 238 F.2d 713 |
Parties | UNITED STATES of America, Petitioner, v. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA, and the Honorable Ben Moore, Judge of the United States District Court for the Southern District of West Virginia, Respondents. |
Court | U.S. Court of Appeals — Fourth Circuit |
COPYRIGHT MATERIAL OMITTED
Victor H. Kramer, Trial Attorney, Anti-Trust Division, Department of Justice, Washington, D. C. (Victor R. Hansen, Asst. Atty. Gen., Charles H. Weston, Harry E. Pickering and Ernest L. Folk, III, Attorneys, Department of Justice, Washington, D. C., on brief), in support of petition for writ of mandamus.
Homer A. Holt and Dale G. Casto, Charleston, W. Va. (Kay, Casto & Chaney, Charleston, W. Va., Steptoe & Johnson, Clarksburg, W. Va., Stanley C. Morris, Jackson, Kelly, Holt & O'Farrell, Payne, Minor, Ray, Price & Loeb, Charleston, W. Va., John V. Ray, and John T. Keenan, Charleston, W. Va., on brief), in opposition to petition for writ of mandamus.
Before PARKER, Chief Judge, and SOPER and SOBELOFF, Circuit Judges.
Writ of Certiorari Denied January 21, 1957. See 77 S.Ct. 382.
This is an application by the United States for a writ of mandamus directed to the Judge of the United States District Court for the Southern District of West Virginia. The application relates to action taken by the District Judge in proceedings wherein a grand jury of the District was making investigation to determine whether indictments for violation of the federal anti-trust laws should be returned against persons or corporations engaged in the milk industry in that area. It asks that the judge be directed to vacate an order quashing in part subpoenas duces tecum for the production of documents before the grand jury, an order imposing conditions upon the use by attorneys for the government of transcript of evidence heard before the grand jury and an order forbidding the grand jury to complete the investigation in which it was engaged. The District Judge has written a letter to the presiding judge of this court which has been received by the members of the court and has been ordered filed in the record as his statement in answer to allegations of the application, a complete transcript of the proceedings in the District Court has been filed, and corporations against whom the subpoenas duces tecum were directed have filed petition to be allowed to intervene and file motion for dismissal of the application. They are allowed to intervene and their briefs and oral argument have been given full consideration by the court. The facts are as follows:
On April 30, 1956, a grand jury, which had theretofore been empaneled in the Southern District of West Virginia and had completed its work for the term, was called back in a special session by the District Judge at the instance of attorneys representing the United States Department of Justice to investigate the local milk industry with a view of determining whether there had been violations of the federal anti-trust laws. The judge charged the grand jury as to its duties in the premises, in the course of which he instructed it as to its relationship with the government attorneys, saying that all that the attorneys were supposed to do was "to show you what the evidence is by letting you hear it and see it and not arguing to you or recommending to you or trying to persuade you of anything."
A few days later motion was made by attorneys representing corporations which were being investigated to quash portions of subpoenas duces tecum requiring the production of certain corporate records before the grand jury. The judge granted the motion on the ground that there was no showing before him that the records so subpoenaed were material to the inquiry, but stated that if the grand jury itself, as distinguished from counsel for the government, made the request, a different question would be presented. Following this, the grand jury appeared in court and requested that subpoenas be issued for the production of the records of the corporations being investigated, including minutes of directors' meetings, annual balance sheets, profit and loss statements, records of annual sales, annual reports and documents showing deviations from regular prices. Upon its appearing that the resolution of the grand jury requesting subpoenas for the production of these documents had been prepared by government counsel, the judge denied the request on the ground that no showing of materiality had been made, although one of the grand jurors spoke up and said that the request for the records, so far as he was concerned, was "based upon things that had been heard by the grand jury".
Some days later the District Judge notified government counsel that they might not examine other documents which had been produced pursuant to subpoena except in the presence of the grand jury and notified the stenographer taking evidence at the grand jury hearing that transcript thereof was not to be delivered to government counsel. He stated to counsel that they might not have a transcript of the testimony prior to the returning of an indictment. In this connection he said: "Before indictment I know of no reason why the attorneys should have a copy of the testimony to take away from the grand jury with them any more than they are entitled to have the documents that are brought in under subpoena." And at another place he said: "The attorneys for the Government have complete disclosure of everything that's before the grand jury for the purpose of enabling them to perform their duties, and if it is necessary to have a transcript of the evidence for the purpose of drawing an indictment the evidence can be transcribed and the indictment can be drawn in the presence of the grand jury". On May 25 the court addressed a letter to counsel with regard to the matter in which he said:
On May 24, 1956, after the grand jury had been in session a number of weeks, it came into court and requested adjournment to September 10 to permit the stenographer to write up a transcript of the evidence and for government counsel to prepare a digest of the transcript, stating that it would consider further evidence if necessary. The judge denied this request and stated that government counsel would not be allowed to prepare a digest of the evidence that had been heard and read it to the grand jury. On May 29 the grand jury renewed its request for an adjournment, but the court again denied the request and told the grand jury that it had been in session long enough to determine whether or not indictments should be returned and that it should proceed to vote to return or not to return indictments, reiterating that he would not permit government attorneys to digest the evidence for the benefit of the grand jury, saying:
...
To continue reading
Request your trial-
In re Application of the United States for an Order Pursuant to 18 U.S.C. § 2703(d)
...grand jury generally operates without the interference of a presiding judge.” (citations omitted)); United States v. U.S. Dist. Ct. for S. Dist. of W.Va., 238 F.2d 713, 722 (4th Cir.1957) (“While the grand jury is summoned, empaneled and sworn by the court, it is essentially independent of ......
-
Bacon v. United States
...that a showing of good cause is not required for the issuance of a grand jury subpoena duces tecum. Cf. United States v. United States District Court, 4 Cir., 1956, 238 F.2d 713, 719-720. We have also held that where a showing is being made in support of a proposed grant of immunity to a gr......
-
Robert Hawthorne, Inc. v. Director of Int. Rev.
...to inspect would be unproductive if not chaotic, especially in complex tax and corruption investigations. United States v. United States District Court, 238 F.2d 713 (4th Cir. 1956), cert. denied, 352 U.S. 981, 77 S.Ct. 382, 1 L.Ed.2d 365 Still another contention as to bad faith and abuse i......
-
United States v. Culver
...The following opinions review the history and functions of the grand jury in the federal courts: United States v. United States District Court, 4 Cir., 238 F.2d 713 (1957), cert. den. sub. nom. Valley Bell Dairy Co. v. United States, 352 U.S. 981, 77 S.Ct. 382, 1 L.Ed.2d 365; Hale v. Henkel......