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786. Public Trial

The Sixth Amendment right to a public trial attaches to contempt proceedings. Mayberry v. Pennsylvania, 400 U.S. 455, 464 (1971); Bloom v. Illinois, 391 U.S. 194 (1968); Sacher v. United States, 343 U.S. 1 (1952); In re Oliver, 333 U.S. 257 (1948); In re Rosahn, 671 F.2d 690 (2d Cir. 1982). The public may, however, be excluded from the courtroom during that portion of the proceeding in which the minutes of a grand jury are read into the record in a contempt action involving the refusal to testify before a grand jury. See Levine v. United States, 362 U.S. 610 (1960); In re DiBella, 518 F.2d 955 (2d Cir. 1975).

[cited in JM 9-39.000]

Updated January 21, 2020