In Re Grand Jury Proceedings. Appeal of John Doe

The appellant was subpoenaed to testify before a grand jury on March 2, 1989. The appellant’s attorney indicated to government counsel that the appellant would refuse to testify on the basis of his privilege against self-incrimination. Therefore, on February 28, 1989, in advance of the appellant’s scheduled appearance, the government applied to the district court for an order of use immunity, pursuant to 18 U.S. C. §§ 6002 and 6003, directing the appellant to testify and produce evidence before the grand jury notwithstanding the appellant’s privilege against self-incrimination. The district…