Brussel v. United States, 396 U.S. 1229 (1969)

ON APPLICATION FOR BAIL OR OTHER RELIEF

Syllabus

Applicant was held in civil contempt, despite his claim of Fifth Amendment privilege, apparently on the ground of the corporate records doctrine, for his refusal following denial of immunity from prosecution to answer questions before a grand jury and produce corporate records. He made emergency application for bail to the Court of Appeals and applied to the Circuit Justice for the same relief. Applicant is released on his own recognizance pending disposition of his appeal by the Court of Appeals. The circumstances here warrant departure from the usual practice of denying relief where a request for the same relief has not been ruled on by the court below, viz., the corporate records doctrine can be invoked only against a custodian of the records but no evidence appears here that applicant was the custodian or connected with the corporations; no substantial risk was shown that applicant would not appear at further proceedings, and applicant assertedly has no criminal record.