United States v. Grunewald

FRANK, Circuit Judge,

dissenting (solely as to the defendant Halperin).

Except as to Halperin, I concur. I would grant him a new trial. His plight presents a most important problem of principle relative to the constitutional privilege against compelling an accused person to be a witness against himself. I disagree with my colleagues’ solution of that problem.

Before a grand jury,1 Halperin had refused to answer questions, on the basis of his anti-self-incrimination privilege. No one doubts that he then properly asserted the privilege. At his subsequent trial, he took the stand and, on direct…