Flaxer v. United States, 358 U.S. 147 (1958)

Flaxer v. United States

No. 60

Argued November 19, 1958
Decided December 15, 1958
358 U.S. 147

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

Syllabus

Petitioner, president of a labor union, was subpoenaed to appear on October 5, 1951, before the Senate Subcommittee on Internal Security and to produce certain of the union’s records, including lists of its members who were employed by the Federal Government or by any state, county, or municipal government. He appeared on that date and produced some of the records, but not the lists of members. The Senator who conducted the hearing directed him to produce the records "according to the terms of the subpoena." Later, after a colloquy, the Senator said,

Since you have made the reply that it could be done in a week, that will be the order of the committee, that you submit that information as requested by counsel for the committee within 10 days from this date.

Petitioner was indicted under 2 U.S.C. § 192 for willfully failing to produce the lists on October 5, 1951.

Held: since petitioner was not clearly apprised that he was required to produce the lists on October 5, rather than at a later time, there was no default on October 5, and the District Court should have directed an acquittal. Pp. 147-152.

103 U.S.App.D.C. 319, 258 F.2d 413, reversed.