Elizabeth G. Austin v. United States of America, James E. Holshouser, United States Attorney for the Middle District of North Carolina

(dissenting) .

I think the District Judge properly deferred consideration of these questions and refused to enjoin presentation of information to the grand jury. The questions, difficult at best, will certainly arise in a much more intelligible context after the grand jury shall have acted and it has become known whether Mrs. Austin, or any of the persons for whom she prepared income tax returns, will be indicted, and, if indicted, for what offenses. In the meanwhile, an order suppressing for all purposes information in the possession of the District Attorney would seem to me to be an…