United States v. Brummitt

HEMPHILL, Senior District Judge, Sitting by Designation.

Defendant, charged in a two count indictment with criminal contempt under 18 U.S.C. 401(3),1 sought, through able counsel, to interpose a defense of “fear of foreign prosecution”. This Court denied such a defense on the basis of the ruling of In re Brummitt, 608 F.2d 640 (5th Cir.), in which the United States Fifth Circuit Court of Appeals, reflecting a prior opinion and holding:

In our prior opinion, we relied on precedent to hold that the fear of foreign prosecution is not a defense to contempt for refusal to testify and “that a grand…