In Re Grand Jury Investigation. Appeal of United States of America

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal by the government, pursuant to 18 U.S.C. § 3731, from an order denying its motion to compel the federal grand jury testimony of a Lutheran clergyman concerning subjects discussed during a family counseling session. The district court held that a clergy-communicant privilege, existing under federal common law, barred the testimony. The grand jury was investigating whether racially motivated housing discrimination and a conspiracy to deny civil rights led to an apparent arson at the home of a black family that lived next door to the…