hoffman argued april decided may claiming answers might tend incriminate federal offense petitioner refused answer certain questions asked special federal grand jury making comprehensive investigation violations numerous federal criminal statutes conspiracies violate publicly charged known underworld character racketeer police record including prison sentence narcotics charge questions refused answer pertained nature present occupation contacts connections knowledge whereabouts fugitive witness sought grand jury bench warrant requested judge impaneled grand jury familiar circumstances found real substantial danger incrimination petitioner ordered answer petitioner stated obey order convicted criminal contempt held conviction reversed pp privilege guaranteed fifth amendment extends answers support conviction federal criminal statute also furnish link chain evidence needed prosecute claimant federal crime blau sustain privilege need evident implications question setting asked responsive answer question explanation answered might dangerous injurious disclosure result pp case considered chief occupation persons involves evasion federal criminal laws truthful answers petitioner questions nature business might disclosed engaged proscribed activity pp answers questions contacts connections fugitive witness knowledge whereabouts time might exposed petitioner peril prosecution federal offenses ranging obstruction conspiracy reversed federal district petitioner convicted contempt refusal answer questions federal grand jury appeals affirmed granted certiorari reversed william gray argued cause petitioner brief lester schaffer john davis argued cause brief solicitor general perlman assistant attorney general mcinerney bishop justice clark delivered opinion petitioner convicted criminal contempt refusing obey federal order requiring answer certain questions asked grand jury investigation raises important issues application privilege fifth amendment claimed justify refusal special federal grand jury convened philadelphia september investigate frauds upon federal government including violations customs narcotics internal revenue liquor laws white slave traffic act perjury bribery federal criminal laws conspiracy commit offenses response subpoena petitioner appeared testify day grand jury empaneled examined october pertinent interrogation refused answer follows hoffman refuse answer undertaking since first year understand question thing since first year refuse answer know william weisberg long known practically twenty years guess last see refuse answer seen week refuse answer know subpoena issued weisberg heard talked telephone week refuse answer know william weisberg refuse answer petitioner claim privilege challenged government federal district eastern district pennsylvania found real substantial danger incrimination petitioner ordered return grand jury answer petitioner stated open obey order october adjudged criminal contempt sentenced five months imprisonment federal rule criminal procedure petitioner appealed appeals third circuit record docketed october denial district request bail pending appeal petitioner october filed petition reconsideration allowance bail pending appeal alleging basis facts contained affidavit attached justified refusal answer questions aforesaid event substantial question involved petitioner released bail accompanying affidavit petitioner asserted assumed refused answer questions involved grand jury cognizant took consideration facts based refusals answer since advised commitment consider said facts upon relied contrary considered bare record questions answers set interest justice particularly aid proper determination petition submits following support position genuinely feared answer questions propounded investigation stated charge grand jury cover gamut crimes covered federal affiant publicly charged known underworld character racketeer twenty year police record including prison sentence narcotics charge affiant waiting testify grand jury photographed one joseph bransky head philadelphia office bureau narcotics affiant questioned concerning whereabouts witness served subpoena bench warrant sought government prosecutor basis public facts well facts within personal knowledge affiant avers real fear answers questions asked grand jury incriminate federal offense appeals granted motion strike affirmed conviction respect questions regarding weisberg held unanimously relationship possible admissions answer questions proscription pertinent federal criminal statutes need much closer us conclude real danger answering questions concerning petitioner business observed quite apparent appellant shown beyond question danger fanciful view data submitted supplemental record rather clearly adequate establish circumstantially likelihood appellant assertion fear incrimination mere contumacy appeals concluded unanimously information offered support petition reconsideration bail found appellant contempt therefore considered thus limited record originally filed majority opinion respect business questions witness failed give judge information allow latter rule intelligently claim privilege witness simply refused say anything gave facts show refused say anything one judge dissented concluding district knew setting controversy grand jury investigation racketeering federal crime vicinity adverted fact common knowledge exists class persons live activity prohibited federal criminal laws persons summoned witnesses grand jury investigation petitioner unsuccessfully sought rehearing appeals urging remand district permit reconsideration conviction basis data supplemental record granted certiorari another five proceedings present term privilege asserted course federal investigations number similar cases considered recently lower courts signal increase litigation emphasizes continuing necessity prosecutors courts alike alert repress abuses investigatory power invoked bearing mind grand juries may proceed either upon knowledge upon examination witnesses inquire whether crime cognizable committed hale henkel yet valuable function grand jury examine commission crimes stand prosecutor accused id enforcement officials taking initiative proceedings courts charged superintendence sensitive considerations making wise exercise investigatory power constitutional issues may involved also noncoercive assistance federal agencies may render unnecessary invoke compulsive process grand jury fifth amendment declares part person shall compelled criminal case witness guarantee testimonial compulsion like provisions bill rights added original constitution conviction high price may paid even unhampered enforcement criminal law attainment social objects free society sacrificed feldman provision amendment must accorded liberal construction favor right intended secure counselman hitchcock arndstein mccarthy privilege afforded extends answers support conviction federal criminal statute likewise embraces furnish link chain evidence needed prosecute claimant federal crime patricia blau protection must confined instances witness reasonable cause apprehend danger direct answer mason cases cited witness exonerated answering merely declares incriminate establish hazard incrimination say whether silence justified rogers require answer clearly appears mistaken temple commonwealth however witness upon interposing claim required prove hazard sense claim usually required established compelled surrender protection privilege designed guarantee sustain privilege need evident implications question setting asked responsive answer question explanation answered might dangerous injurious disclosure result trial judge appraising claim must governed much personal perception peculiarities case facts actually evidence see taft ex parte irvine ohio circumstances district considered ruling upon petitioner claim privilege background indicated record judge ruled privilege impaneled special grand jury investigate rackets district explained jury attorney general office come district conduct investigation run gamut crimes covered federal statute rackets infest encrust system government instructed blight attacks growth withers dies subpoenas issued twenty witnesses eleven served prosecutor put trouble finding big shots several appear called room petitioner refused answer questions ordered prosecutor requested bench warrants eight nine appeared first day session one william weisberg petitioner admitted known weisberg twenty years addition counsel petitioner advised broadly published petitioner police record considered connection business questions chief occupation persons involves evasion federal criminal laws truthful answers petitioner questions might disclosed engaged proscribed activity also recognized considering weisberg questions one person police record summoned testify grand jury investigating rackets might hiding helping hide another person questionable repute sought witness sure government may inquire witnesses grand jury whereabouts unlocated witnesses ordinarily answers questions harmless fruitless seven questions relating weisberg three answered three designed draw information petitioner contacts connection fugitive witness final question perhaps afterthought prosecutor inquired weisberg whereabouts time easily required answers forge links chain facts imperiling petitioner conviction federal crime three questions answered affirmatively establish contacts petitioner weisberg crucial period latter eluding grand jury context inquiries last question might well called disclosure weisberg hiding away petitioner premises assistance petitioner reasonably sensed peril prosecution federal offenses ranging obstruction conspiracy setting perfectly clear careful consideration circumstances case witness mistaken answer possibly tendency incriminate temple commonwealth cited approval counselman hitchcock see also arndstein mccarthy conclusion buttressed supplemental record showed petitioner police record publicly labeled underworld character racketeer senate crime investigating committee placed name list known gangsters philadelphia area made miami beach headquarters philadelphia police officials described king shore rackets lives gun served sentence narcotics charge previous conviction dramatized picture appearing local press waiting testify petitioner photographed head philadelphia office bureau narcotics accusing pose appears petition comprised supplemental record though captioned petition reconsideration allowance bail pending appeal terms application district vacate contempt order constitutional grounds alternatively second motion bail clearly petition filed two weeks contempt order directed power committing discharge contemnor good cause power courts solicitous invoke important constitutional objections renewed cf gouled ends justice require discharge one right whenever facts appear sufficient sustain claim privilege accordingly supplemental record considered appeals reasons agree judgments result adds burden diligence efficiency resting enforcement authorities conclusion seriously compromise important constitutional liberty immediate potential evils compulsory transcend difficulties exercise privilege may impose society detection prosecution crime white pertinent observation justice brandeis mccarthy arndstein congress hereafter conclude full disclosure witnesses greater importance possibility punishing crime past cases confer power unrestricted examination providing complete immunity reversed patricia blau irving blau rogers greenberg cir petition writ certiorari pending see post