Can a witness before a grand jury challenge Section 2518 of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from United States v. Gelbard, 443 F.2d 837 (9th Cir. 1971):
We find it unnecessary to consider the district court's finding that Section 2518 is constitutionally valid. A witness before a grand jury lacks standing to challenge a statute on constitutional grounds unless the statute directly bears upon his privilege against self-incrimination. Carter v. United States, 417 F.2d 384, 386-387 (9th Cir.1969), cert. denied, 399 U.S. 935, 90 S.Ct. 2253, 26 L.Ed.2d 807 (1970). Section 2518 is not in that category.
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