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727. Civil Contempt

Should the witness refuse to testify pursuant to the immunity order, he or she can be held in civil contempt under the provisions of 28 U.S.C. 1826 and confined for the life of the court proceeding or the term of the grand jury, including extensions. CAVEAT - a witness may refuse to testify before a grand jury if his or her interrogation is based upon an illegal wiretap. See Gelbard v. United States, 408 U.S. 41 (1972).

[cited in Criminal Resource Manual 720; JM 9-23.130]

Updated January 21, 2020