Quinn v. United States

349 U.S. 155, 75 S. Ct. 668, 99 L. Ed. 2d 964, 99 L. Ed. 964, 1955 U.S. LEXIS 1381, 51 A.L.R. 2d 1157
Supreme Court of the United States·Decided May 23, 1955·No. 8·Published·Cited by 353 cases

Opinions

Mr. Chief Justice Warren

delivered the opinion of the Court.

Petitioner was convicted of contempt of Congress under 2 U. S. C. § 192 in the District Court for the District of Columbia. Section 192 provides for the punishment of any witness before a congressional committee “who . . . refuses to answer any question pertinent to the question under inquiry . ...” 1 On appeal, the Court of Appeals [157] for the District of Columbia Circuit reversed the conviction and remanded the case for a new trial.2 Claiming that the Court of Appeals should have directed an acquittal, petitioner applied to this Court for certiorari. We granted the writ because of the fundamental and recurrent character of the questions presented.3

Pursuant to subpoena, petitioner appeared on August 10, 1949, before a subcommittee of the Committee on Un-American Activities of the House of Representatives. Petitioner was then a member and field representative of the United Electrical, Radio and Machine Workers of America. Also subpoenaed to appear on that day were Thomas J. Fitzpatrick and Frank Panzino, two officers of the same union. At the outset of the hearings, counsel for the committee announced that the purpose of the investigation was to inquire into “the question of Communist affiliation or association of certain members” of the union and “the advisability of tightening present security requirements in industrial plants working on certain Government contracts.”4 All three witnesses were asked questions concerning alleged membership in the Communist Party. All three declined to answer.

Fitzpatrick was the first to be called to testify. He based his refusal to answer on “the first and fifth amendments” as well as “the first amendment to the

[158] Constitution, supplemented by the fifth amendment.” 5 Immediately following Fitzpatrick’s testimony, Panzino was called to the stand. In response to the identical questions put to Fitzpatrick, Panzino specifically adopted as his own the grounds relied upon by Fitzpatrick.6 In addition, at one point in his testimony, Panzino stated that “I think again, Mr. Chairman, under the fifth amendment, that is my own personal belief.” 7 On the following day, petitioner, unaccompanied by counsel, was called to the stand and was also asked whether he had ever been a member of the Communist Party. Like Panzino before him, he declined to answer, specifically adopting as his own the grounds relied upon by Fitzpatrick.8

[159] On November 20, 1950, all three witnesses were indicted under § 192 for their refusals to answer.9 The three cases were tried before different judges, each sitting without a jury. Fitzpatrick and Panzino were acquitted. In Fitzpatrick’s case, it was held that his references to “the first and fifth amendments” and “the first amendment to the Constitution, supplemented by the fifth amendment” constituted an adequate means of invoking the Self-Incrimination Clause of the Fifth Amendment.10 Similarly, in Panzino’s case, it was held that his reference to “the fifth amendment” was sufficient to plead the privilege.11 In petitioner’s case, however, the District Court held that a witness may not incorporate the position of another witness and rejected petitioner’s defense based on the Self-Incrimination Clause.12 Petitioner was accordingly convicted and sentenced to a term of six months in jail and a fine of $500.

[160] In reversing this conviction, the Court of Appeals, sitting en banc, held that “No formula or specific term or expression is required” in order to plead the privilege and that a witness may adopt as his own a plea made by a previous witness.13 Thus the Court of Appeals viewed the principal issue in the case as “whether Fitzpatrick did or did not claim the privilege.” 14 On this issue, a majority of the Court of Appeals expressed no view. They agreed that a reversal without more would be in order if they “were of clear opinion that Fitzpatrick, and therefore Quinn, did claim the privilege.” But they were “not of that clear opinion.” 15 The Court of Appeals therefore ordered a new trial for determination of the issue by the District Court.16 The Court of Appeals also directed the District Court on retrial to determine whether petitioner “was aware of the intention of his inquirer that answers were required despite his objections.” 17 In that regard, however, it rejected petitioner’s contention that a witness cannot be convicted under § 192 for a refusal to answer unless the committee overruled his objections and specifically directed him to answer.18

It is from that decision that this Court granted certiorari.

I.

There can be no doubt as to the power of Congress, by itself or through its committees, to investigate matters and conditions relating to contemplated legislation. This power, deeply rooted in American and English institutions, is indeed co-extensive with the power to legislate. Without the power to investigate — including of course the [161] authority to compel testimony, either through its own processes 19 or through judicial trial20 — Congress could be seriously handicapped in its efforts to exercise its constitutional function wisely and effectively.21

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Quinn v. United States, 349 U.S. 155, 75 S. Ct. 668, 99 L. Ed. 2d 964, 99 L. Ed. 964, 1955 U.S. LEXIS 1381, 51 A.L.R. 2d 1157 (1955).

349 U.S. 155 (Quinn v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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