In Re Grand Jury Proceeding. United States v. John Doe

Respondent John Doe has refused to testify before a grand jury investigating alleged organized crime figures, explaining that he was fearful of reprisals against himself and his family and was opposed on principle to providing evidence against others. The district court held respondent in civil contempt and ordered him incarcerated. It found that his proffered explanations failed to provide “just cause” for his recalcitrance, see 28 U.S.C. § 1826(a), and that incarceration was reasonably likely to induce a change of heart. On appeal, respondent now challenges this determination on procedural…