FAY and JOHNSON, Circuit Judges:
This appeal raises a number of important questions regarding the composition and powers of the President’s Commission on Organized Crime (the “Commission”). It arises from an order of the United States District Court for the Southern District of Florida, holding appellant Scaduto in contempt for his failure to testify before the [1193]*1193Commission. On appeal, Scaduto raises the following issues: 1) whether the appointment of two Article III judges and two members of Congress to the Commission violated the separation of powers doctrine; 2) whether appellant validly invoked his Fifth Amendment privilege against self-incrimination as a consequence of a reasonable fear of foreign prosecution; 3) whether the immunity conferred upon appellant was invalid because of its approval by an Acting Assistant Attorney General in place of the Attorney General; 4) whether the application for a writ of habeas corpus ad testificandum by an Assistant United States Attorney instead of the Attorney General violated P.L. 98-368, Section 3; 5) whether the district court erred in holding the civil contempt statute, 28 U.S.C.A. § 1826, applicable to the instant proceeding.
I. BACKGROUND
On July 28, 1983, President Reagan issued Executive Order 12435, which established the Commission, in accordance with the provisions of the Federal Advisory Committee Act (“FACA”), as amended, 5 U.S.C.A. app. 2, Sections 1-15. Section 2(a) of Executive Order 12435 directed the Commission to:
make a full and complete national and region-by-region analysis of organized crime; define the nature of traditional organized crime as well as emerging organized crime groups, the sources and amounts of organized crime’s income, and the uses to which organized crime puts its income; develop indepth information on the participants in organized crime networks; ... evaluate Federal laws pertinent to the effort to combat organized crime[;] ... advise the President and the Attorney General with respect to findings and actions which can be undertaken to improve law enforcement efforts directed against organized crime[;] and make recommendations concerning appropriate administrative and legislative improvements and improvements in the administration of justice.
Exec. Order 12435, Section 2(a), 48 Fed. Reg. 34,723 (1983).
The Commission is composed of nineteen members, including the Honorable Irving R. Kaufman, a Judge of the United States Court of Appeals for the Second Circuit; the Honorable Potter Stewart, a retired Associate Justice of the United States Supreme Court; the Honorable Strom Thurmond, a member of the United States Senate; the Honorable Peter Rodino, Jr., a member of the United States House of Representatives; and other persons with broad experience in law enforcement and criminal justice. Pursuant to section 1(b) of Executive Order 12435, which directs that “[t]he President shall designate a Chairman from among the members of the Commission,” President Reagan designated Judge Kaufman as Chairman.
To enable the Commission to fulfill its responsibilities under Executive Order 12435, Congress passed Pub.Law No. 98-368, 98 Stat. 490 (1984), which conferred a variety of powers in aid of the Commission’s mandate to investigate and report on organized crime. Under Public Law 98-368, the Commission may hold public hearings; issue subpoenas requiring attendance and testimony of witnesses and the production of information; seek writs of habeas corpus ad testificandum and enforcement of its subpoenas, “upon application by the Attorney General,” in federal courts; issue orders compelling testimony under the federal immunity statute, 18 U.S.C.A. Sections 6001-05; obtain access to and use information obtained pursuant to Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (“Title III”), as amended, 18 U.S.C.A. Sections 2510-20; and obtain other types of information through measures consistent with the terms of Executive Order 12435. P.L. 98-368, Sections 1-4, 6(b), 98 Stat. 490, 490-93 (1984).
On February 5, 1985, the Commission issued a subpoena for appellant Scaduto, a federal prisoner confined at the United States Penitentiary at Terre Haute, Indiana. Scaduto is currently serving a sixty-four year term of imprisonment imposed on [1194]*1194November 21, 1984, in the United States District Court for the Eastern District of New York, following his conviction for various violations of the Drug Act. The appeal of his conviction is now pending in the United States Court of Appeals for the Second Circuit; oral argument of Scaduto’s appeal was heard on March 25, 1985. Judge Kaufman did not serve on the panel which heard Scaduto’s appeal. However, the appeal is presently under submission to the court upon which Judge Kaufman serves as an active circuit judge.
In response to a petition by the Commission through the United States Attorney for the Southern District of Florida, to secure Scaduto’s presence at public hearings before the Commission on February 20-21, 1985, in Miami, United States District Judge Joe Eaton issued a writ of habeas corpus ad testificandum.
On February 19, 1985, appellant filed a motion to quash the subpoena and writ of habeas corpus ad testificandum, and a complaint for declaratory and injunctive relief, in the Southern District of Florida. The complaint challenged, inter alia, the constitutionality of the Commission under the separation of powers doctrine, and the authority of the Commission to compel appellant’s testimony in light of his alleged fear of foreign prosecution in Italy.
On February 20, 1985, United States District Judge William M. Hoeveler denied Scaduto’s motions and ordered him to testify before the Commission in camera or at a private deposition. Judge Hoeveler further ordered that the transcript of appellant’s testimony be sealed, and that no one other than the parties have access to it. The court’s order specifically prohibited disclosure, either direct or indirect, to any foreign sovereign, including the Italian government. In conformity with that order, counsel for the Commission conducted a deposition, at which appellant was served with an authorized compulsion order, issued pursuant to P.L. 98-368 and 18 U.S. C.A. Sections 6001-05. Scaduto nonetheless continued, through his counsel, to assert a Fifth Amendment privilege.
On the evening of February 20, 1985, the Commission moved to compel appellant’s testimony. Early on the morning of February 21, 1985, a hearing was held on that motion before Judge Hoeveler. At that hearing, Judge Hoeveler signed an order compelling Scaduto to testify, under the same conditions earlier specified. At Judge Hoeveler’s direction, counsel for the Commission immediately conducted a second deposition of Scaduto in conformity with the court’s order. In that deposition, appellant persisted in refusing to answer the Commission’s questions, again asserting a privilege against self-incrimination, notwithstanding the judicial and Commission orders issued in connection with the deposition.
After his refusal to testify, appellant was again brought before Judge Hoeveler. Upon review of the record and upon the Commission’s motion, Judge Hoeveler orally held Scaduto in contempt, pursuant to 28 U.S.C.A. § 1826. On February 22, 1985, Judge Hoeveler issued a written order of commitment under 28 U.S.C.A. § 1826.
II. ISSUES AND DISCUSSION
A. Separation of Powers
Appellant argues first that the composition of the Commission, which includes two United States Congressmen and two Article III Federal Judges, violates the constitutionally required separation of powers, and renders all action by the Commission void. He contends that the performance by members of the legislature and the judiciary of those executive “law enforcement” activities authorized by P.L. 98-368, which include subpoenaing witnesses and reviewing information intercepted by electronic surveillance, violates the separation of powers.1
[1195]*1195The tripartite structure established by the Constitution reflects the conferral of separate and distinct powers on the President, the Congress and the Judiciary. The framers of our Constitution embraced “Montesquieu’s view that the maintenance of independence as between the legislative, the executive and the judicial branches,” was essential to the preservation of liberty. Myers v. United States, 272 U.S. 52, 116, 47 S.Ct. 21, 25, 71 L.Ed. 160 (1926). Thus the departments of government were organized on the principle that “[t]he accumulation of all powers legislative, executive and judiciary in the same hands, whether of one, a few or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” Immigration and Naturalization Service v. Chadha, 462 U.S. 919, 960, 103 S.Ct. 2764, 2789, 77 L.Ed.2d 317 (1983) (Powell, J., concurring in judgment) (quoting The Federalist No. 47, at 324 (J. Madison) (J. Cook ed. 1961)).
This understanding of the separation of powers doctrine has not, however, required that the three departments of government remain absolutely independent or “hermetically sealed” from one another. Nixon v. Administrator of General Services, 433 U.S. 425, 97 S.Ct. 2777, 53 L.Ed.2d 867 (1977); United States v. Nixon, 418 U.S. 683, 94 S.Ct. 3090, 41 L.Ed.2d 1039 (1974). Indeed, the appearance of administrative agencies which combine functions characteristically associated with two or more of the departments of government demonstrates the potential for legitimate interaction or interdependence among the powers of government. See Buckley v. Valeo, 424
U.S. 1, 280-81, 96 S.Ct. 612, 755-56, 46 L.Ed.2d 659 (1976) (opinion of White, J.); Humphrey’s Executor v. United States, 295 U.S. 602, 628-30, 55 S.Ct. 869, 874-75, 79 L.Ed. 1611 (1935). What the separation of powers has been construed to prohibit is those arrogations of power to one branch of government which “disrupt[ ] the proper balance between the coordinate branches,” Nixon v. Administrator of General Services, 433 U.S. at 443, 97 S.Ct. at 2790, or “prevent[] [one of the branches] from accomplishing its constitutionally assigned functions,” id. (citing United States v. Nixon, 418 U.S. at 711-12, 94 S.Ct. at 3109-10). A minority view of the doctrine has also reflected the more structural, Madisonian concern that one branch should not be permitted to share in the most substantial powers of another. See Reid v. Covert, 354 U.S. 1, 77 S.Ct. 1222, 1 L.Ed.2d 1148 (1957) (act giving President power to alter substantive law violates separation of powers).
Few cases have considered the extent to which members of the judicial or legislative branches may exercise powers traditionally associated with another branch. Two early cases, Haybum’s Case, 2 U.S. (2 Dal.) 408, 1 L.Ed. 436 (1792), and United States v. Ferreira, 54 U.S. (13 How.) 43, 14 L.Ed. 42 (1851), addressed the question of whether courts could exercise powers which were non-judicial in nature. Haybum’s Case concerned a statute which vested in the courts of appeals the power to settle pension claims of widows, orphans and invalids, subject to revision by the Secretary of War and the Congress. The law was amended before judgment, rendering the [1196]*1196issue moot, but the Court included in its opinion the opinions of three circuit courts which had protested the act or refused to adjudicate claims under it. In these opinions, jurists such as Jay and Iredell concluded that the act violated the separation of powers by requiring of judicial officers the performance of a task which formed no part of the courts’ Article III powers, and by subjecting judgments rendered by members of the judicial branch to revision by officials of the legislative or executive branch. In United States v. Ferreira, the Court addressed an appeal under a statute which directed the United States District Court for the Northern District of Florida to adjudicate injury claims arising from United States action against Spanish officers and inhabitants of Florida, subject to approval or revision by the Secretary of the Treasury. Citing Haybum’s Case in support of the fact that the task imposed by the statute was not of a judicial nature, the Court dismissed the appeal for lack of jurisdiction. It expressed no opinion, however, as to whether the act violated the separation of powers.2
Hobson v. Hansen, 265 F.Supp. 902 (D.D.C.1967) (three judge court), examined a question more directly related to the instant case: the extent to which judges, acting as individuals rather than as members of a court, may undertake the performance of non-judicial duties. Hobson involved a challenge to a D.C. statute requiring that members of the Board of Education be appointed by United States District Court judges for the District of Columbia. The court upheld the constitutionality of the provision on the basis of two provisions inapplicable to the instant case,3 but it also undertook a general examination of federal judicial power to perform non-judicial duties which is instructive. The majority was unable to identify a categorical prohibition, analogous to the “case and controversy” requirement, on the official engagement of federal judges in non-judicial duties.4 The court stressed, however, that absence of any categorical constraint on individual judges, should not be understood to imply that they are free to pursue whatever non-judicial activities they wish. Judges are constrained by the limitations of propriety, by the requirement that their non-judicial duties not have “such incongruity” with the judicial function as would void the judicial power which had been conferred, see Ex Parte Siebold, 100 U.S. (10 Otto) 371, 25 L.Ed. 717 (1879), and by the “guarantees of personal liberty” which are eonfered upon citizens and potential litigants. 265 F.Supp. at 915. These limitations derive both from Article III and from the Fifth and Fourteenth Amendments to the Constitution.
While they are in some respects factually distinct from the instant case, these cases offer strong support for the proposition that conferring non-judicial functions on members of the judiciary may raise separation of powers problems. Hobson demonstrates, more importantly, that the way to resolve the question in the individual case is to apply a functional standard similar to that propounded in Nixon v. Administrator of General Service, supra: does the imposition of powers traditionally associat[1197]*1197ed with one branch of government on officials of another branch interfere with their ability to perform their constitutionally-required duties in the branch of which they are a part?
Under this functional standard, it appears that the imposition of the Commission’s investigatory powers on members of Congress does not interfere with their ability to perform their constitutionally required duties.5 If their investigatory activities cause them to believe that the government is losing its “war” on organized crime, or to take a negative view of the methods being used by law enforcement officials combat it, this would not appear to interfere with their ability to perform as legislators: their office does not require them to approach such subjects with impartiality. Moreover, while such investigatory powers are essentially executive in character, they are not beyond the congressional purview; many congressional committees are given investigatory powers to aid them in advisory tasks, see Senate Select Committee on Presidential Campaign Activities v. Nixon, 498 F.2d 725 (D.C.Cir.1974) (Senate Committee granted subpoena power for purposes of investigation) and this has not been construed to threaten their ability to perform as legislators.6
A different conclusion must be reached with respect to those members who are also federal judges. Impartiality is one of the central, constitutionally-ordained, requirements of the federal judicial office, see United States v. Will, 449 U.S. 200, 101 S.Ct. 471, 66 L.Ed.2d 392 (1980), and this impartiality is threatened by many of the activities of the Commission. A judge who is charged with assisting and improving enforcement efforts against organized crime must adopt a pro-government perspective which is ill-suited to his obligation to be neutral in the courtroom. The kind of information he might uncover through the investigatory activities of the Commission would further endanger his impartiality. If the data and testimony surveyed by the Commission were to demonstrate, for example, that the magnitude of the threat posed by organized crime was greater than had previously been suspected, that a substantial amount of organized crime activity was never prosecuted, or that law enforcement officials in many parts of the country employed methods which were poorly chosen, subject to abuse or inadequate to combat the problem, such discoveries could affect the way the judge approached those organized crime suspects and law enforcement officials in cases who appeared before him. Moreover, even if a judge could satisfy himself that he could separate his participation on the Commission from his judicial functions, it is not clear that litigants could sustain equal faith in his impartiality. As Judge Wright observed in Hobson v. Hansen, supra:
The need to preserve judicial integrity is more than just a matter of judges satisfying themselves that the environment in which they work is sufficiently free of [1198]*1198interference to enable them to administer the law honorably and efficiently. Litigants and our citizenry in general must also be satisfied.
265 F.Supp. at 931 (Wright, J., dissenting). These problems would seem to bear particularly on the participation of Judge Kaufman, who is both the Chairman of the Commission and an active judge in a jurisdiction which has a well-publicized problem with organized crime, but the attitudinal hazards which Commission membership presents apply to Justice Stewart as well. Under the functional test propounded in the Nixon cases, the conferral of such powers on federal judges violates the separation of powers.
B. Fifth Amendment Privilege and the Danger of Foreign Prosecution
Scaduto argues next that he was justified in asserting his Fifth Amendment privilege because the domestic immunity which had been conferred upon him was insufficient to protect him from foreign prosecution. On September 14, 1984, an Italian magistrate and policeman came to the United States to interrogate Scaduto. At the time of the interrogation, which took place at the office of the United States Attorney for the Eastern District of New York, the magistrate presented Scaduto with a series of drug trafficking charges and informed him that there was an outstanding warrant for his arrest in Italy. The issuance of such a warrant is the first step in the commencement of extradition proceedings by the Italian government. At the September 1984 meeting with the Italian officials, Scaduto stated that his appeal was pending in the United States and exercised his right to remain silent. On January 26, 1985, the State Department formally denied an extradition request by the Italian government.
In Zicarelli v. New Jersey State Commission of Investigation, 406 U.S. 472, 92 S.Ct. 1670, 32 L.Ed.2d 234 (1972), the Court declined to resolve a similar claim, but held that a claimant asserting that a Fifth Amendment privilege is necessary to protect him from the threat of foreign prosecution must demonstrate first, that the information that would be disclosed through his testimony might incriminate him under foreign law, and second, that his fear of foreign prosecution is “real and substantial” rather than merely speculative. 406 U.S. 478-80, 92 S.Ct. 1674-76. Courts of appeals, including the former Fifth Circuit, have followed these standards in evaluating similar claims. See United States v. Brummitt, 665 F.2d 521 (5th Cir.1981), cert. denied, 456 U.S. 977, 102 S.Ct. 2244, 72 L.Ed.2d 852 (1982); In Re Tierney, 465 F.2d 806 (5th Cir.1972), cert. denied, 410 U.S. 914, 93 S.Ct. 959, 35 L.Ed.2d 276 (1973); In Re Flanagan, 691 F.2d 116 (2d Cir.1982). The courts have identified a number of factors which bear upon the second prong of the Zicarelli test, which include: whether there is an existing or potential foreign prosecution of the claimant; whether any of the charges would entitle the foreign jurisdiction to have him extradited; and whether there is a likelihood that his testimony would be disclosed to a foreign government. Zicarelli v. New Jersey State Commission of Investigation, supra; In Re Flanagan, supra, 691 F.2d at 121.
Neither party disputes the fact that the testimony sought by the Commission would be relevant to a foreign prosecution. Several of the questions posed by the Commission at Scaduto’s depositions concerned his involvement in drug traffic between the United States and Italy, which involvement would surely have been of interest to Italian authorities. The issue which the parties contest is whether there was a “real and substantial danger” of an Italian prosecution, under the standards set forth above.
The Commission argues that despite the fact that charges have been filed by the Italian government, extradition is currently impossible under Article 6 of the Extradition Treaty which states that
Extradition shall not be granted when the person sought has been convicted, acquitted or pardoned, or has served the sentence imposed, by the requested party [1199]*1199for the acts for which extradition is requested
and notes that an extradition request has already been denied by the State Department. The Commission also claims that there is virtually no likelihood that Scaduto’s testimony would become available to foreign authorities, because the court’s order required Scaduto’s testimony to be given in the form of a deposition taken by a single Commission attorney, and imposed an absolute bar on any form of disclosure. Seaduto argues that if his conviction were reversed on the appeal currently pending before the Second Circuit, and retrial was not sought, he could again be subject to extradition. He argues that it is also possible that the Italian authorities could try him in absentia. Seaduto further claims that some courts have found secrecy orders insufficient to assure that testimony will not become available to a foreign sovereign. See In re Flanagan, supra, 691 F.2d at 123 (Rule 6(e) of F.R.Crim.P. not adequate to assure nondisclosure of testimony).
The Commission’s argument has greater support on all points. While it is possible that Scaduto’s conviction will be reversed, and retrial will not be sought, and the Italian authorities will seek extradition, and U.S. authorities will comply, such a danger appears to be of precisely that speculative variety that the Court found insufficient to support the assertion of a privilege in Zicarelli. And Seaduto presents no evidence to suggest that he will, in fact, be tried in absentia, or that such a trial will have any consequences whatsoever for him if he is not subject to extradition. As to the sufficiency of the court’s secrecy order, the former Fifth Circuit has found Rule 6(e) fully adequate to prevent the likelihood of disclosure to a foreign sovereign. See United States v. Brummitt, supra, 665 F.2d at 526; In Re Tierney, 465 F.2d at 811-12. By analogy, it would appear that the order given by the court is sufficient to eliminate the danger of such disclosure, particularly as the officers of the court who would be involved in the taking of Scaduto’s deposition would be less likely to “leak” information in the manner feared by the Flanagan court than members of a grand jury. The district court did not err in finding that there was insufficient danger of a foreign prosecution to justify the assertion of the privilege.
C. Failure of Attorney General to Approve the Application for Immunity
The immunity order presented by the Commission prior to the taking of Scaduto’s first deposition was not approved by the Attorney General but by an Acting Assistant Attorney General of the Criminal Division. Seaduto argues that this delegation was improper because 18 U.S.C.A. § 6004(a) (proceedings before administrative bodies), provides only for the approval of applications for immunity by the Attorney General. He claims that because the immunity granted was therefore invalid, he was justified in invoking the Fifth Amendment privilege.
The Commission argues the fact that Section 6004 has no explicit language permitting delegation (while Section 6003 (proceedings before a court or grand jury) explicitly permits delegation to the Deputy Attorney General or any designated Assistant Attorney General) does not demonstrate that such delegation is prohibited. It argues that this general language permits the Attorney General to make whatever delegation he deems appropriate, under the broad power conferred on him by 28 U.S.C.A. § 510 (delegation of authority). The Commission argues further that two delegation orders promulgated under this statutory authority render the delegation in the instant case valid: 28 C.F.R. 0.175(c), which provides that Assistant Attorneys General are
authorized to exercise the authority vested in the Attorney General by Section 6004 ... to approve the issuance by an agency of the United States of an order compelling testimony by a witness in a proceeding before the agency when the subject matter of the proceeding is within the cognizance of their respective divisions ... provided however, that no ap[1200]*1200proval shall be granted unless the Criminal Division indicated that it has no objection to the proposed grant of immunity
and 28 C.F.R. 0.178(a), which provides that Assistant Attorneys General may redelegate their authority under 28 C.F.R. 0.175 to their respective Deputy Assistant Attorneys General during times when they are absent.
Although there appears to be no binding precedent on this point, several well-reasoned opinions have employed analysis virtually identical to that advanced by the Commission. In Federal Trade Commission v. Foucha, 356 F.Supp. 21 (N.D.Ala.1973), the court found the language of Section 6004 indicative of Congressional intent to permit delegation at the discretion of the Attorney General, pursuant to 28 U.S.C.A. § 510. As the Attorney General had exercised this authority by enacting 28 C.F.R. 0.175 and 0.178, the court applied these orders to uphold the delegation (to an Assistant Attorney General of the Antitrust Division) in that case. The court also held that where a violation of such regulations is alleged, the claimant must demonstrate prejudice in order to invalidate action taken pursuant to them. 356 F.Supp. at 25. See also In Re Horn, 458 F.2d 468 (3rd Cir.1972) (applying analysis to similar language in Section 2514); December 1968 Grand Jury v. United States, 420 F.2d 1201 (7th Cir.), cert. denied, 397 U.S. 1021, 90 S.Ct. 1260, 25 L.Ed.2d 531 (1970) (applying similar analysis to Section 6004). Thus it seems clear that the delegation in the instant case was consistent with the regulatory scheme of which Section 6004 is a part. Moreover, even if a departure from the terms of the applicable regulations could be shown, Scaduto has demonstrated no prejudice arising from it, see Foucha, supra 356 F.Supp. at 25; Pacific Molasses Co. v. Federal Trade Commission, 356 F.2d 386 (5th Cir.1966). The district court did not err in finding the grant of immunity valid.
D. Failure of Attorney General to Make Application for Habeas Corpus Ad Testificandum
Scaduto argues next that the writ of habeas corpus ad testificandum should be quashed, and the contempt order vacated, because the application for the writ by an Assistant United States Attorney rather than the Attorney General violates the terms of P.L. 98-368, Section 3. This section provides that
A court of the United States within the jurisdiction in which testimony of a person held in custody is sought by the Commission ... may, upon application by the Attorney General, issue a writ of habeas corpus ad testificandum requiring the custodian to produce such person before the Commission or before a member of the Commission____
The Commission argues that 28 U.S.C.A. § 510 confers on the Attorney General broad power to delegate his authority, and that absent clear statutory language or history demonstrating an intent to super-cede that section, such authority to delegate should be respected.
The case law, once again, supports the Commission’s position. Section 510 is presumed to control delegation by the Attorney General, unless the statutory provision in question explicitly supercedes it, see United States v. Cuomo, 525 F.2d 1285 (5th Cir.1976); United States v. Giordano, 416 U.S. 505, 94 S.Ct. 1820, 40 L.Ed.2d 341 (1974). The language of the provision in no way suggests that it was intended to super-cede or narrow the power conferred in Section 510, compare with United States v. Giordano, supra (language of Section 2516 explicitly narrows Attorney General’s power of delegation), and the pertinent legislative history reflects an attitude of deference toward Section 510. Under regulations promulgated pursuant to 28 U.S.C.A. § 510, the Attorney General may delegate his power to Assistant and Deputy Assistant Attorneys General, who may then delegate it to United States Attorneys, who may in turn delegate it to Assistant United States Attorneys, see 28 C.F.R. 0.57; 28 [1201]*1201U.S.C.A. § 542; United States v. Cuomo, supra; United States v. Smyth, 104 F.Supp. 283 (D.C.Cal.1952). Moreover, Scaduto demonstrates no prejudice arising from the alleged failure to conform to the regulatory scheme. See F.T.C. v. Foucha, supra; Pacific Molasses Co. v. F.T.C., supra. The district court did not err in failing to quash the writ of habeas corpus ad testificandum on grounds of improper delegation.
E. Applicability of Civil Contempt Statute
Scaduto argues finally that the civil contempt statute, 28 U.S.C.A. § 1826, is not applicable to the instant case. He claims that, by its terms, Section 1826 applies only to witnesses who “refuse[ ] without cause to testify in any proceeding before or ancillary to” a federal court or grand jury, and the instant proceeding before the Commission is not “before or ancillary to” a court or grand jury. This claim is without merit. Because the Commission was obliged to secure Scaduto’s testimony by writ of habeas corpus, and by enforcement of an immunity order, and because Scaduto took legal action to protect himself from the Commission’s subpoena, the proceedings before the Commission became “ancillary” to proceedings before a court. Such a relationship is, moreover, specifically contemplated by P.L. 98-368(b)(l), which provides that when a court issues an order requiring an individual to testify before the Commission, “failure to testify may be punished by the court as contempt thereof.” Finally, Scaduto’s interpretation conflicts with the documented intent of Congress to make Section 1826 applicable to a range of court-related proceedings, including depositions. See 1970 U.S.Code Cong. & Ad. News 4007, 4022. The district court did not err in holding Scaduto in civil contempt under Section 1826.
FAY, Circuit Judge,
writing separately:
III. Severability
Having concluded that the membership of the Article III judges on the Commission is improper, we must determine whether or not past actions by the Commission are void. There is no clear authority controlling this question. It seems to me that an appropriate analogy would be the approach taken in regard to statutes under review. Courts should refrain from invalidating more of a statute than is necessary. Regan v. Time, Inc., — U.S. -, 104 S.Ct. 3262, 3269, 82 L.Ed.2d 487 (1984). If the unconstitutional portion of a statute can be severed, the remaining portion should be upheld.
The Commission operates with the assistance of a staff. Its attorneys have appeared in this very matter. Hearings have been conducted throughout the country. It is assumed that much testimony has been obtained. Numerous subpoenas have probably been issued. The Commission is comprised of nineteen members. Although Judge Kaufman serves as the chairman, nothing in the record indicates that he personally or single-handedly makes decisions concerning the issuance of witness subpoenas or other writs of assistance. There is nothing about the presence of either Justice Stewart or Judge Kaufman which would infect or compromise in any way the work of the Commission. These judges may have disqualification problems in the future but such issues are not before us and can undoubtedly be handled with ease.
Alternatively, it seems to me the approach taken by the Supreme Court in Buckley v. Valeo, 424 U.S. 1, 96 S.Ct. 612, 46 L.Ed.2d 659 (1976), would also be appropriate. One of the issues in that matter dealt with the appointing process for members of the Federal Election Commission. The Court concluded:
It is also our view that the Commission’s inability to exercise certain powers because of the method by which its members have been selected should not affect the validity of the Commission’s administrative actions and determinations to this date, including its administration of those provisions, upheld today, authorizing the public financing of federal elec[1202]*1202tions. The past acts of the Commission are therefore accorded de facto validity, just as we have recognized should be the case with respect to legislative acts performed by legislators held to have been elected in accordance with an unconstitutional apportionment plan.
Id. at 693.
In my opinion, our holding regarding the separation of powers doctrine does not require the voiding of Commission action. The subpoena issued to the appellant is valid and the contempt order due to be affirmed.