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IN RE EVANS

Nos. 71-1499, 71-1521.

452 F.2d 1239 (1971)

In Re Carol EVANS, Appellant. UNITED STATES of America v. VIOLATIONS OF 18 U.S.C. SECTIONS 231, 241, 245, 371, 1361, 2101, 2102, and other violations, Marlene Renee Fishlowitz, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 1971.

As amended September 8, 1971.

Attorney(s) appearing for the Case

Mr. Philip Hirschkop, Alexandria, Va., for appellants. Mr. Peter Weisman, a member of the bar of the Supreme Court of New York, pro hac vice, by special leave of Court, was also allowed to argue for appellant in No. 71-1499.

Mr. Robert L. Keuch, Atty., Department of Justice, Washington, D. C., for appellee.

Before BAZELON, Chief Judge, and WRIGHT and WILKEY, Circuit Judges.

BAZELON, Chief Judge :

This appeal requires us to resolve a sharp conflict between the power of a grand jury to extract testimony from a recalcitrant witness, and the power of a witness to withhold testimony on the basis of her fourth and fifth amendment rights. The interests on both sides are clearly substantial. While the protections afforded by the fourth and fifth amendments have been acknowledged and nourished by numerous decisions, it is no less clear that the...

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