United States v. Poindexter

OPINION

HAROLD H. GREENE, District Judge.

The issue before the Court is whether it should dismiss the indictment on account of what defendant claims to be the government’s failure to comply with the requirements of Kastigar v. United States, 406 U.S. 441, 92 S.Ct. 1653, 32 L.Ed.2d 212 (1972).

I

Factual Background

In the spring of 1987, defendant was subpoenaed to testify and to provide documents to the congressional committees investigating the so-called Iran-contra affair. Prior to that time, the Office of Independent Counsel had convened a grand jury which was investigating the same subject in a…