In Re Grand Jury Proceedings

The district court below determined that certain “daytimers” sought by the government in an ongoing grand jury investigation were properly characterized as corporate documents and hence beyond the purview of the Fifth Amendment privilege against self-incrimination. The appellants, John Doe I and John Doe II, are executives in a company which is the subject of an ongoing grand jury investigation into possible price fixing within a certain industry. The appellants filed a timely appeal to this court, contending that the daytimers were personal documents and therefore privileged by the Fifth…