Tom C. Clark

“ We deem it a fortiori true that where a witness draws the lines of refusal in less sweeping fashion by declining to answer questions within a generally defined area of interrogation, the prosecutor cannot multiply contempts by further questions within that area. ”

“ On the third day of petitioner's cross-examination, June 30, 1952, despite instructions from the court to answer, petitioner refused to answer 11 questions which in one way or another called for her to identify nine other persons as Communists. ”

“ The stated ground for refusal in these instances was petitioner's belief that either the person named or his family could 'be hurt by' such testimony. She expressed a willingness to identify others as Communists-and in one instance did so-if such identification would not hurt them. The judge stated that he expected to treat these 11 refusals as criminal contempt under Rule 42 (a) of the Federal Rules of Criminal Procedure, 18 U.S.C.A. [4] Adjudication of the contempt was deferred until completion of the principal case. ”

“ A court of the United States shall have power to punish by fine or imprisonment, at its discretion, such contempt of its authority, and none other, as-↑ Stansbury, Report of the Trial of James H. Peck (1833) .↑ See note 5, supra.↑ 'Rule 35. Correction or Reduction of Sentence. * * * The court may reduce a sentence within 60 days after the sentence is imposed * * *.'↑ Nor does the finding of a single contempt mean that the criminal contempt sentence under review in this case constitutes double jeopardy because the court also imposed a criminal contempt sentence for the June 26 refusals. ”