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rt in discussing how a court is to analyze the application of the privilege stated- ... It is for the court to say whether his silence is justified, Rogers v. United States, 1951, 340 U.S. 367, 71 S.Ct. 438, and to require him to answer if 'it clearly appears to the court that he is mistaken.' Temple v
the validity of a claim of privilege based on the same feared prosecution, depending on whether the claim was asserted in state or federal court."); Kastigar v. U.S., 406 U.S. 441, 444-45, 92 S.Ct. 1653 (1972)(The Fifth Amendment privilege "can be asserted in any proceeding, civil or criminal, administra
t in discussing how a court is to analyze the application of the privilege stated - ... It is for the court to say whether his silence is justified, Rogers v. United States, 1951, 340 U.S. 367, 71 S.Ct. 438, and to require him to answer if 'it clearly appears to the court that he is mistaken.' Temple v
the validity of a claim of privilege based on the same feared prosecution, depending on whether the claim was asserted in state or federal court."); Kastigar v. U.S., 406 U.S. 441, 444-45, 92 S.Ct. 1653 (1972)(The Fifth Amendment privilege "can be asserted in any proceeding, civil or criminal, administra
w Office of Adam A. Carter, Washington, DC, for Appellant. Neil Matthew Corwin, U.S. Attorney's Office, New York, NY, for Appellees. Before: and ROGERS, Circuit Judges, SIIIMnior Circuit Judge. JUDGMENT PER CURIAM. "1 This case was considered on the record from O 2007 Thomson/West. No Claim to
itness' invocation of the Fifth Amendment, the Supreme Court has held that the scope of the immu- nity granted must be as broad as the privi- lege. Kastigar, 406 U.S. at 460, 92 S.Ct. at 1859. Due to the cumbersome requirements of obtaining properly authorized statutory im- munity, U.S. Attorneys often
ate 8/18/06) 8/2/2006 Subpoena to David Neville Rodgers (return date 8/18/06) 8/2/2006 Subpoena to DTG
in employees — Janusz Banasiak Both initially asked for immunity. After speaking with Banasiak's attorney, r. anasi was satisfied with a standard Kastigar letter, but Ms. Mucinska's attorney was insistent on formal immunity, and as noted above, so was Individual #28. I don't believe that, prior to thi
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