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UNITED STATES SERVICEMEN'S FUND v. EASTLAND

Nos. 24279, 24412, 71-2034, 71-1609, 71-1693 and 71-1717.

488 F.2d 1252 (1973)

UNITED STATES SERVICEMEN'S FUND et al., Appellants, v. James O. EASTLAND et al. PROGRESSIVE LABOR PARTY et al. v. COMMITTEE ON INTERNAL SECURITY OF the UNITED STATES HOUSE OF REPRESENTATIVES et al., Appellants. NATIONAL PEACE ACTION COALITION et al. v. COMMITTEE ON INTERNAL SECURITY OF the UNITED STATES HOUSE OF REPRESENTATIVES et al., Appellants. PEOPLES COALITION FOR PEACE AND JUSTICE v. COMMITTEE ON INTERNAL SECURITY OF the UNITED STATES HOUSE OF REPRESENTATIVES et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 30, 1973.

As Amended October 5, 1973.

Rehearing Denied January 23, 1974.

Attorney(s) appearing for the Case

Nancy Stearns, and Jeremiah S. Gutman, New York City, with whom Philip J. Hirschkop, Alexandria, Va., was on the brief, for appellants in Nos. 24279, 24412 and 71-2034.

Robert L. Keuch, Atty., Dept. of Justice, with whom Richard S. Stolker, Atty., Dept. of Justice, was on the brief, for appellees in Nos. 24279, 24412 and 71-2034. Benjamin C. Flannagan, Atty., Dept. of Justice, also entered an appearance for appellee in No. 24279.

Robert L. Keuch, Atty., Dept. of Justice, with whom Garvin Lee Oliver, Atty., Dept. of Justice, was on the brief, for appellants in Nos. 71-1609, 71-1693, and 71-1717. Benjamin C. Flannagan, Atty., Dept. of Justice, also entered an appearance for appellants in Nos. 71-1609, 71-1693 and 71-1717.

Burt Neuborne, New York City, of the Court of Appeals of New York, with whom Jeremiah S. Gutman, New York City, and Hope Eastman, Washington, D. C., were on the brief, for appellees in Nos. 71-1609, 71-1693, and 71-1717.

Before BAZELON, Chief Judge, TUTTLE, Senior Circuit Judge for the Fifth Circuit, and MacKINNON, Circuit Judge.

TUTTLE, Senior Circuit Judge:

This case, combined for argument and consideration on appeal with cases numbered 71-1609, 71-1693 and 71-1717, presents the court with the task of deciding a fundamental constitutional question of grave import to which the Supreme Court has not yet given an explicit answer. The question is: Have the courts of the United States the power to interfere with the subpoena power as exercised by committees of the United States Senate and House...

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