Criminal Procedure keyed to Saltzburg
United States v. Hubbell
The defendant, after pleading guilty to crimes arising out of his involvement with the Whitewater scandal, entered into a plea agreement with the Independent Counsel in which he agreed to provide full and accurate information regarding those matters. While incarcerated, the defendant responded to a subpoena duces tecum and appeared before a grand jury, where he promptly asserted his Fifth Amendment constitutional right not to incriminate himself. The Independent Counsel produced an order obtained pursuant to 18 U.S.C. Section:6002 granting the defendant immunity “to the extent allowed by law,” but thereafter used the documents that the defendant then produced before a Grand Jury to obtain a 10-count indictment against him. The District Court dismissed the indictment on the grounds that it violated 18 U.S.C. Section:6002. The Court of Appeals vacated the judgment and remanded the case for further proceedings to determine whether the Independent Counsel knew, with reasonable particularity, that the documents it sought existed prior to their production by the defendant.
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