United States v. Zayas

I respectfully dissent for several reasons.

First, I agree with the view expressed by then Judge William H. Cook in United States v. Villines, 13 M.J. 46, 56 (C.M.A.1982) (concurring in the result), that the decision to grant transactional or use immunity should be left in the hands of the Executive Branch. When the Government seeks to go forward with prosecution of an individual who has been granted use immunity, “the prosecution [has] the affirmative duty to prove that the evidence it proposes to use is derived from a legitímate source wholly independent of the compelled testimony.” Kastigar…