In Re John Doe, United States of America v. Steven Diamond

WINTER, Circuit Judge:

This is an appeal from Chief Judge Platt’s order holding appellant John Doe in civil contempt pursuant to 28 U.S.C. § 1826 (1988), for refusing to answer questions regarding his psychiatric history. Appellant is scheduled to be a key government witness in the extortion trial of Steven Diamond. The issues on appeal are whether we should recognize a psychotherapist-patient privilege and whether that privilege shields appellant from the civil contempt order. We recognize the privilege but affirm on the ground that the need for evidence concerning appellant’s history of…