People v. Einhorn

A Grand Jury witness need not answer questions based on information obtained as the result of illegal wiretapping (U. S. Code, tit. 18, § 2515). Nor may the contempt power be used to compel such testimony or punish the witness for his silence. The claim ,of illegal wiretapping, if sustained, constitutes a defense.

However, when the witness raises the objection, during the Grand Jury proceeding, unless he requests to be brought before the court, the prosecutor is not 'obligated to affirm or deny the underlying facts.*

The request during the Grand Jury proceeding by the witness that he be brought…