hutcheson argued november decided may summoned testify senate select committee improper activities labor management field seeking information aid drafting adopting legislation curb misuse union funds union officials petitioner president labor union refused answer questions pertaining use union funds attempt forestall indictment lake county indiana alleged bribery state official connection sale land state disclaimed intention rely privilege claimed questions pertinent activity committee authorized investigate asked purposes exposure might aid prosecution criminal charges pending state thus violate rights due process clause fifth amendment objections overruled petitioner persisted refusal answer refusal convicted violation makes misdemeanor person summoned witness either house congress committee thereof refuse answer question pertinent question inquiry held questions petitioner refused answer clearly within proper scope committee inquiry record support conclusion asked merely sake exposure aid pending state criminal trial mere fact answers questions might used petitioner pending state criminal trial make conviction violative due process clause fifth amendment conviction sustained pp app affirmed frederick bernays wiener argued cause petitioner briefs charles tuttle joseph tumulty solicitor general cox argued cause briefs assistant attorney general miller philip monahan beatrice rosenberg jerome feit justice harlan announced judgment opinion justice clark justice stewart join trial without jury petitioner found guilty counts indictment charging violated refusing answer pertinent questions put june senate select committee improper activities labor management field commonly known mcclellan committee sentenced six months imprisonment fined judgment affirmed appeals without opinion granted certiorari consider petitioner constitutional challenges conviction mcclellan committee established senate conduct investigation study extent criminal improper practices activities engaged field relations groups organizations employees employers detriment interests public employers employees determine whether changes required laws order protect interests occurrence practices activities res sess june raddock testified affairs trade union courier publication hutcheson book following day however claimed fifth amendment privilege respect another matter committee turned matter related possible use union funds influence fix criminal investigation conducted lake county indiana state grand jury alleged scheme defraud state indiana petitioner two officials carpenters union william blaier frank chapman allegedly implicated alleged scheme defraud revealed testimony given subcommittee senate committee public works may june testimony disclosed june petitioner blaier chapman together bought individual capacities certain real property lake county shortly thereafter sold profit state indiana highway construction purposes pursuant agreement whereby deputy indiana department paid profit ensuing grand jury proceeding terminated august without indictment found announcement county prosecutor metro holovachka jurisdiction matter lacking lake county entire profit returned state thereafter february petitioner blaier chapman indicted adjoining marion county transaction apparent questioning raddock chief counsel mcclellan committee committee information indicating raddock petitioner blaier several officials teamsters union involved plan whereby holovachka induced drop lake county grand jury investigation committee counsel explained raddock committee interested learn whether union funds influence used purpose addition raddock whose plea respect questions relating episode respected committee blaier two witnesses connected indiana local teamsters union michael sawochka joseph sullivan attorney also examined committee june sawochka sullivan refused answer questions relating termination lake county grand jury proceedings sawochka basing refusal fifth amendment privilege sullivan invoking privilege insofar questions related discussions sawochka claims honored committee blaier asked questions regarding lake county real estate transaction refused answer question whether made arrangements max raddock fix case indiana asserted question relates solely personal matter pertinent activity committee authorized investigate might aid prosecution case indictment committee chairman without ruling objection stated witness might claim privilege although blaier thereafter never directed committee answer question last witness examined committee phase investigation petitioner called june answered questions concerning publication raddock biography petitioner father commissioned carpenters union total expense inquiry turned subject lake county grand jury investigation however petitioner refused answer questions indictment blaier represented counsel petitioner grounds refusal advanced day blaier question relates solely personal matter pertinent activity committee authorized investigate also relates might claimed relate aid prosecution case indictment thus denial due process law claim fifth amendment privilege made stage objection upon petitioner stood throughout phase interrogation overruled committee petitioner directed refused answer questions constituting subject matter indictment upon convicted many arguments made us support reversal reducible two constitutional challenges first contended questioning petitioner matters germane state criminal charges pending offensive due process clause fifth amendment second argued committee invaded domains constitutionally reserved executive judiciary inquiry simply aimed petitioner exposure served legislative purpose reasons discussed decide neither challenge availing due process contention respecting indiana future use incriminatory answers encounters obstacle hale henkel murdock cases establish possible state law ground refusing answer questions federal inquiry accordingly fifth amendment privilege avail one circumstanced manifestly constitutional doctrine less relevant either petitioner actually merely threatened state indictment time appearance committee likelihood committee respected even though required existing law privilege claim one made recognizing obstacle petitioner asks us overrule hale murdock asserting decisions rested misapprehensions earlier american english law need consider contentions petitioner never claimed fifth amendment privilege committee aspect due process challenge open case like quinn emspak doubt whether privilege invoked witness noted emspak witness intelligently unequivocally waives objection based clause witness refuses committee request state whether relies clause later invoke protection prosecution contempt refusing answer question instance petitioner counsel side unequivocally repeatedly disclaimed reliance fifth amendment privilege petitioner escape effect waiver arguing refusals answer based due process grounds upon claim privilege agree course congressional committee right inquire subject relevant limitations placed constitution governmental action including relevant limitations bill rights barenblatt limitations go beyond protection clause fifth amendment nonreliance one limitation preclude reliance another surely equally clear validity particular constitutional objection depends part availability another must adequately raised inquiring committee former fully preserved review hold otherwise enable witness toy congressional committee manner obnoxious rule committees entitled clearly apprised grounds witness asserts right refusal answer emspak supra cf barenblatt supra present case indeed furnishes apt illustration pursuant policy respecting fifth amendment privilege claims respect state even though hale murdock still books need done committee pains discover whether petitioner due process objection included privilege claim made claim little doubt committee honored petitioner express disclaimer privilege committee proceeded disallow due process objection consider aspect petitioner due process claim still open effect require us say despite petitioner unequivocal disclaimer committee nonetheless taken due process objection subsuming also privilege claim consider situation also find untenable contention possible use state trial claim federal privilege either excused petitioner asserting committee furnishes independent support due process challenge whether intimated government obvious reasons petitioner state use claim directly impeachment purposes might preventable need considered proposition arguable face twining new jersey adamson california let alone knapp schweitzer feldman hale henkel supra murdock supra consideration event await another day appropriate time petitioner instance claimed privilege committee upon review state conviction known exactly use state made federal claim thwart exercise legitimate congressional power basis conjecture state may later abuse individual reliance upon federally assured rights require us constitutional adjudication contrary principles ripeness justifiability cf public workers mitchell remains discussion due process challenge contention committee inquiry pretrial state indictment insofar proposition suggests congressional inquiry infected later state proceedings answer found said respecting contention claim committee used state proceedings committee public hearings rendered petitioner state trial unfair challenge dealt juncture proper time consideration review state conviction determine require us pass upon claim dark since entirely ignorant transpired state trial argued mere pendency state indictment ipso facto constitutionally closed avenue interrogation committee may conceded congress without authority compel disclosures purpose aiding prosecution pending suits authority body directly committees require pertinent disclosures aid constitutional power abridged information sought elicited may also use suits sinclair absurd suggest establishing committee congress actuated purpose aid state prosecutions still less particular individual pertinency observation sinclair lessened circumstance instance state proceeding involved criminal rather civil cf delaney ii exposure gainsaid legislation whether civil criminal field within competence congress power regulate interstate commerce committee general legislative recommendations made conclusion first interim report sess embodied two remedial statutes enacted congress welfare pension plans disclosure act stat reporting disclosure act stat enactment first statutes attributable primarily findings recommendations several subcommittees senate committee labor public welfare sess passage bill stimulated information gathered hearings mcclellan committee see cong rec reporting disclosure act direct response need remedial federal legislation disclosed testimony mcclellan committee made clear imprecise inferences drawn legislative history proof statute section act declares finding congress recent investigations labor management fields number instances breach trust corruption disregard rights individual employees failures observe high standards responsibility ethical conduct require supplementary legislation stat senate house reports lean heavily findings made mcclellan committee justify particular provisions proposed bills see sess sess resolution gave birth committee considered light fruits labors proves beyond doubt committee members serving representatives parent assembly collecting information legislative purpose watkins supra case involving indefinite fluctuating delegation permits legislative committee essence define authority choose direction focus activities committee directed investigate criminal improper practices field relations deciding whether acts made criminal state law also brought within federal prohibition subject permissible one federal regulation turns entirely legislative inquiry inquiry senate engaged assigned duty select committee improper activities labor management field moreover record barren evidence indicating committee reasons undertook expose petitioner first transcript discloses scrupulous adherence announced committee policy asking witness state indictment questions subject matter involved indictment note supra particular indictment related solely activity petitioner others engaged individual capacities behalf labor organization committee concern whether petitioner fact defrauded state indiana concluding dishonest sale whether personally corrupted state employee interest entirely within province entrusted senate discover whether funds brotherhood carpenters teamsters union used conspiracy bribe state prosecutor drop charges made individuals also officers brotherhood carpenters whether influence union officials exerted end suspicions founded supported remedial federal legislation future even though might time warranted separate state prosecution obstruction justice usable trial marion county indictment evidence consciousness guilt supra pp surely congressional committee engaged legitimate legislative investigation need grind halt whenever responses inquiries might potentially harmful witness distinct proceeding sinclair supra crime wrongdoing disclosed mcgrain daugherty second information sought elicited committee pertinent legislative inquiry committee investigating whether union funds misused interest devising legislative scheme deal irregular practices petitioner refusal answer questions similar refusal witnesses testify regard lake county grand jury proceedings committee able learn whether union funds influence used persuade holovachka drop proceedings petitioner contends committee finding second interim report raddock used hutcheson fixer attempt indictment hutcheson others shows testimony needed purpose prejudice embarrass overlooks fact committee able obtain information whatever lake county grand jury proceedings witnesses reason refusals testify subject moreover lie say congressional committee deemed acquired sufficient information legislative purposes third committee interrogation within express terms authorizing resolution committee effective bringing congress attention certain practices field subject federal prohibitions necessarily ask witnesses questions truthfully answered might place jeopardy state prosecution unless interrogation met valid constitutional objection scope power congressional inquiry penetrating potential power enact appropriate constitution barenblatt supra question asked interrogator know whether answered met constitutional objection deny committee right ask question turn option refusal prohibition inquiry wigmore evidence ed limit congressional inquiry areas slightest possibility state prosecution information may divulged restriction upon congressional investigatory powers countenanced three episodes upon petitioner relies evidencing committee departure legitimate congressional concerns fall far short sustaining sought made first committee counsel statement outset hearings explaining subject matter inquired course referred real estate transaction involved marion county indictment explained committee interest finding whether union funds influence used bringing end lake county grand jury investigation matter propriety inquiry already discussed pp supra second episode chairman statement effect facts lake county proceedings developed committee exposure made committee stood ready assist help indiana chose interest matter see nothing statement made committee inquiry ended beyond perfectly normal offer part chairman put committee transcript disposal indiana law enforcement authorities wished avail final occurrence committee finding petitioner alleged use raddock fixer indictment lake county grand jury whatever basis finding cf note supra must say mere inclusion official report senate committee activities furnishes slender reed indeed charge committee engaged unconstitutional exposure conclusion appropriate observe constitution forbids congress enter fields reserved executive judiciary imposes judiciary reciprocal duty lightly interfering congress exercise legitimate powers scrutinized case care conclude judgment appeals must affirmed justice white took part consideration decision case footnotes every person summoned witness authority either house congress give testimony produce papers upon matter inquiry either house joint committee established joint concurrent resolution two houses congress committee either house congress willfully makes default appeared refuses answer question pertinent question inquiry shall deemed guilty misdemeanor punishable fine less imprisonment common jail less one month twelve months original resolution provided committee exist january term thereafter extended additional months several senate resolutions res sess res sess res sess see sess see also sess sess reports covered pages summarized pages testimony taken days hearings witnesses appeared pt sess chairman full opening statement appears pp hearings select committee improper activities labor management field pt sess hereinafter hearings follows committee hear witnesses today operations maxwell raddock owner world wide press large new york printing plant publisher trade union courier witnesses called testify financial interests investments world wide press labor organizations certain labor officials unorthodox manner bonds company issued handled committee also inquire propriety labor officials financial interests maxwell raddock company time invested considerable sums union funds plant prints trade union courier subscriptions paper manner advertisements solicited trade union courier subject investigation committee staff committee particularly interested whether solicitors employed trade union courier represented organ well making false representations preliminary investigation staff disclosed certain financial transactions brotherhood carpenters require explanation one transactions involves large expenditures publication book entitled portrait american labor leader william hutcheson maurice hutcheson president brotherhood carpenters raddock questioned matter chair may say existence committee much information great deal testimony regarding misuse union funds regarding personal financial gain benefit profit expenditure funds union officials still pursuing aspect relations also considerable evidence collusion management union officials profit expense men work pay dues particular instance indication union membership imposed upon transactions occurred look evidence unfolds us hearings investigation highway acquisition state indiana hearings subcommittee committee public works senate sess government brief informs us petitioner two codefendants blaier chapman convicted marion county indictment november conviction pending appeal indiana note infra copy state indictment accepted reference chairman announced rule policy committee interrogate matters witness pending state indictment hearings committee chief counsel stated question relate subject matter state indictment steps taken later conspiracy present prevent indictment lake county ind hearings blaier attorney argued answer used prosecution indiana case prove continuation conspiracy whether question involved state indictment committee counsel conceded blaier might want answer questions grounds may tend incriminate indictment asking questions dealing indictment chairman ruled may borderline case unable determine time witness exercise privilege hearings hearings count raddock received union payment acts performed behalf individual count unrelated offense charged indictment engaged services raddock paid union funds performance services aid assist avoiding preventing indictment found criminally prosecuted offense mentioned indictment count engage services raddock pay services union funds contact either directly indirectly county prosecuting attorney holovachka given name metro lake county gary count paid max raddock union funds personal services rendered time within past years count used union funds pay max raddock services rendered personally wholly disassociated matters pending criminal charge arose count chicago union business union responsibility payment count raddock paid trip expenses paid union funds union business count chicago time count expenses chicago trip paid union count chicago time union business count know james hoffa count make arrangement hoffa perform tasks return support question ousted count fact telephoned hoffa hotel chicago august count telephone call fact paid union funds telephone call made august count also know sawochka brotherhood teamsters count fact plymate representative brotherhood telephone secretary telephone sawochka room august count fact telephone bill telephone call paid union funds count business local teamsters gary among things petitioner contends hale henkel murdock founded misreading earlier decision saline bank pet delivered chief justice marshall argued saline bank stands proposition constitutional privilege may invoked federal information divulged may aid state prosecution abundantly clear however saline bank stands constitutional principle whatever merely reassertion ancient equity rule equity order discovery may subject party criminal prosecution fact decision cited support proposition esteemed member decided case story commentaries equity typical disclaimers following chairman understand clear invoking fifth amendment privilege hutcheson right sir invoking chairman exercising privilege hutcheson sir chairman challenging question jurisdiction committee reasons stated reasons hutcheson yes sir chairman right clear understanding hearings chairman invoking privilege fifth amendment stand solely upon statement read see pp supra hutcheson yes sir chairman exercising privilege answering truthful answer might tend incriminate witness conferred counsel hutcheson sir hearings senator ervin chairman may ask one two questions along line subside hutcheson familiar provisions ethical code concerning officers affiliated unions invoke fifth amendment hutcheson yes sir senator ervin connection like state opinion law though may counsel reason recognizing right man may testify concerning matters involved indictment arises fact indictment probably strongest kind evidence anything may say reference may construed incriminate reason man right refrain answering matters indictment fact may say matters may tend incriminate therefore hutcheson realize seeking avoid expressed violation words seeking get benefit fifth amendment without invoking run risk committing offense ethical code witness conferred counsel hutcheson sir following advice counsel grounds outlined senator ervin well concerned shall actual apparent violation part provisions code ethics concerning union officers invoke fifth amendment asked official conduct hutcheson yes sir hearings committee press blaier answer questions relating lake county grand jury proceedings refused grounds advanced petitioner nothing indicate resulted committee understanding grounds included claim fifth amendment privilege suggestion made dissent questions petitioner refused answer outside power committee ask post due process clause touched matters pending judicial proceedings accepted several reasons first reasoning underlying proposition inquiries constituted legislative encroachment judicial function reasoning hardly limited inquiries may germane existing judicial proceedings surely apply well inquiries calling answers might used prejudice witness future judicial proceeding reach due process turn witness privilege restraint congressional inquiry see wigmore evidence ed infra effect pro tanto obliterate need constitutional protection second decision relied support broad proposition kilbourn thompson loose language severely discredited rumely well taken stand pervasive principles presently relied post pp kilbourn authority proposition congress constitutionally inquire private affairs individuals hold office government investigation result valid legislation subject inquiry referred tangible fruits labors mcclellan committee pp infra show case third hardly seems impairment individual liberties protected bill rights post limit witness makes due process objection scope privilege granted fifth amendment neither due process clause fourteenth amendment prohibits state using witness answer clause fifth amendment prohibits federal government asking question difficult understand said due process clause fifth amendment prohibits inquiry answer may used state fourth noted although congressional inquiry related subject matter state indictment questions asked petitioner bear directly guilt innocence state charges indiana concern whether union funds influence misused indeed suggestion alleged bribery indiana highway official consummated funds personal profits reaped petitioner others unlawful transactions hand congress concern whether later date union funds used stifle criminal proceedings brought petitioner personally payments made fact made certainly consideration establishment federal reporting disclosure system union funds finally least possible power adequate end proposed phrase anderson dunn wheat post pp scarcely bears upon issue presented case expression used anderson case connection anything permissible scope congressional inquiry solely respect extent punishing power inherently possessed congress committee information tending show teamsters union whose officers petitioner friendly purchased real estate gary indiana worth approximately seller transaction corporation proceeded purchase holovachka interest another failing corporation amount substantially excess value see second interim report select committee improper activities labor management field pt sess meagerness committee finding subject stands marked contrast findings hutcheson biography respect petitioner witnesses testified comparative freedom whereas pages second interim report devoted summarizing evidence regarding publication biography six pages related lake county proceedings second interim report select committee improper activities labor management field pt sess relevant observe regard ten questions respect petitioner subsequently indicted related possible use union funds purpose suppressing lake county grand jury proceeding see note counts relevant part statement inquiring situation connection presentation grand jury lake county ind intervention certain union officials matter part played hutcheson sawochka local teamsters james hoffa international president teamsters chairman information either union funds used course transactions influence official positions high union officials used connection alleged illegal operation kennedy information along lines chairman influence also connection expenditure union funds chairman interest committee transaction kind alleged transaction kind ascertain whether funds dues money union members misappropriated improperly spent whether officials unions using position intimidate coerce way illegally promote transactions public interest involved raddock heard background statement evidence information however committee regarding matter committee undertaking inquire pursuit mandate given resolution creating committee hearings full statement testimony indicates certain high officials teamsters carpenters union two largest unions country help assistance raddock involved conspiracy subvert justice state indiana facts regarding conspiracy undoubtedly developed committee exposure believe made glad assist help law enforcement officials state indiana determine interest matter hearings contempt trial senator mcclellan explained statement follows legislative function performed seeking information regarding crimes improper activities evidence presented indicating possibility crime involving defendant possibly officers another large union practice cooperate state federal officials evidence developed us respect crime committed legislative purpose search find crime committed statement effect state officials desired pursue testimony developed cooperate make record available second interim report pt sess justice brennan concurring result join judgment affirming appeals brother harlan opinion select committee assured petitioner respect reliance upon fifth amendment privilege petitioner deliberately explicitly chose exercise privilege circumstance case one reconsideration hale henkel murdock adhere however view proper case reconsider holdings hale murdock federal proceeding possible incrimination state law presents basis invoking fifth amendment privilege see knapp schweitzer concurring opinion see also cohen hurley dissenting opinion petitioner constitutional claims find support view kilbourn thompson case involved congressional inquiry settlement claim bankrupt firm settlement said threaten depletion bankrupt estate injury creditors including held subject matter outside legislative cognizance matter inherently historically adjustment judicial branch hint legislative purpose served inquiry result valid legislation subject inquiry referred congressional inquiry us sharp contrast kilbourn select committee seeking factual material aid drafting adopting remedial legislation curb misuse union officials union funds unquestionably proper legislative purpose pending marion county indictment involve misuse union funds alleged bribery state official connection sale land state however congressional inquiry state prosecution crossed paths committee learned union funds might used corrupt attempt forestall earlier indictment another county lake alleged bribery seems obvious committee interrogation petitioner use union funds forestall indictment stray beyond range committee valid legislative purpose may indiana law evidence attempt although essential admissible trial marion county indictment hardly converts committee inquiry attempt legislative rehearsal trial marion county indictment bringing inquiry within kilbourn condemnation legislative usurpation judicial functions congressional inquiry criminal prosecution cross paths congress must accommodate public interest legitimate legislative inquiry public interest securing witness fair trial whether proper accommodation made must determined vantage point time petitioner appearance committee thought recent decisions barenblatt wilkinson braden weakened vitality holding watkins congressional power inquiry end must related furtherance legitimate task congress dispelled today strong expression continued adherence vital principle investigation conducted solely aggrandize investigator punish investigated either publicity prosecution indefensible exceeds congressional power exposure sake exposure legislative inquiry power investigate must confused powers law enforcement quinn see icardi supp hand long subject matter area congress forbidden legislate quinn supra mere fact conduct inquiry may relevance subject matter pending state indictment absolutely foreclose congressional inquiry surely said fair criminal trial full power inquiry interests defy accommodation courts responsible protecting vital interests give closest scrutiny assure indeed legislative purpose pursued inquiry aimed aiding criminal prosecution even within realm relevant inquiry may situations fundamental fairness demand postponement inquiry immediately pending trial taking testimony executive session state grant continuance trial us think facts fail show inquiry unable proceed without working serious likelihood unfairness examining challenged questioning full context congressional inquiry relevance legislation process leads conclude petitioner questioned exposure sake opening select committee hearings february chairman senator mcclellan noted petitioner union one committee intended investigate hearings although committee hearings months reached petitioner full touched upon affairs unions petitioner fourth union inquired particular view toward discovering modes misusing union funds see hearings petitioner subpoenaed may appear committee june appearance put june although testimony witnesses taken commencing june three months subpoenaed state indictment handed february tried november months appearance committee time appeared questioning directly relevant committee efforts inform congress secure legislation within congressional power enact aimed correcting evils petitioner questioned earlier june reporting disclosure bill bill reported senate committee labor public welfare passed senate august failed passage house cong rec therefore bill reintroduced january known bill introducing senator kennedy read letter ives said bill designed meet objectives set forth report senate select committee improper activities labor management field legislative history reporting disclosure act senate subcommittee labor conducted intensive hearings alternative bills opening hearings senator kennedy said expect recommendations mcclellan committee second annual report expect advice expert panel labor law revision form basis hearings another bill later year reliance work select committee evident significant hearings hearings house subcommittee began conclusion hearings senate subcommittee continued june spirited debate merits proposed legislation continued throughout session congress enactment act september pub section declaration findings purposes policy incorporates findings second paragraph bill months passage petitioner tried questioning petitioner comes focus background inquiry begun select committee year petitioner indictment continued select committee senate house labor subcommittees well petitioner appearance aimed culminating legislation light petitioner interrogation emerges one step process establish necessity nature remedial legislation say unnecessary step record supports conclusion select committee questioned petitioner affect state trial informed petitioner convicted indictment trial held months appearance committee informed whether committee proceedings part state proofs otherwise affected trial clearly however contention unfairness state trial must abide review conviction select committee membership throughout included two members senate subcommittee labor senators kennedy goldwater participated actively work committees hearings subcommittee labor senate committee labor public welfare reform legislation sess january march hearings joint subcommittee house committee education labor reform legislation sess march june chief justice warren justice douglas joins dissenting case highlights problem defining constitutional limitations upon congressional committees endowed compulsory process firmly believe continued sanction investigative powers leading abridgment individual rights seriously impairs intent framers bill rights dissent justice harlan treatment constitutional issue presented issue may simply stated violation constitutional guarantee due process law legislative committee circumstances case inquire matters witness tried pending criminal indictment petitioner already indicted awaiting trial state subpoenaed testify congressional committee investigating union activity union funds questioning led matters concerning facts upon state indictment based dilemma petitioner found facing answered truthfully answers might aid pending prosecution answered falsely prosecuted perjury relied fifth amendment privilege fact admitted state criminal trial justice harlan opinion holds petitioner dilemma fourth horn may also sent jail refusing choose imposition one penalties believe neither constitution past decisions allow congress enlist aid federal courts man four members permit held first time anderson dunn wheat although constitution expressly grant congress power conduct investigations power within legislative competence implied inherent lawmaking process investigative function congress course entirely independent judicial branch government strict terms however congress less branches government bound safeguard individual liberties protected bill rights duty courts insure specific guarantees liberty preserved witnesses legislative body guarded benefit defendants criminal trial duty performed judicial conscience stilled kind statement legislative committee instances committee single person delegated full investigative power may finally determine courts importance relevancy matter investigation also committee constitutional power ask questions wants ask moment full decided kilbourn thompson courts must ultimately determine shall sent jail courts may determine whether questions asked committee within congress constitutional power inquiry recent cases central theme stated watkins application bill rights restraint upon assertion governmental power form includes provisions bill rights due process clause fifth amendment well amendment protection justice harlan opinion fails recognize essence petitioner contention largely decisions hale henkel murdock interrogation matters already indicted violation due process cf aiuppa duty courts safeguard individual personal liberty protect compelled answer questions outside constitutional power congress referred particularly pertinent congress enlisted aid federal courts protect contumacious conduct recalcitrant witnesses fulfilling responsibilities statute courts may simply assume every congressional investigation constitutionally conducted merely shown great national interests lie passing needed legislation abdicate responsibility placed constitution upon judiciary insure branch government transgresses constitutional limitations see marbury madison cranch accommodation congressional need particular information individual national interest assuring dispassionate protection witnesses unconstitutional encroachment upon individual rights proved arduous task throughout nation history one principle however formulated keep congressional power punishment compel testimony within narrowest limits seems withstood erosion passage time complexities carrying legislative function principle exercising power compel testimony congress must utilize least possible power adequate end proposed anderson dunn wheat kilbourn thompson supra decided occasion emphasize narrowness congressional power opinion latter case like instant one reports believe principles upon decided call reversal conviction petitioner important believe reiterate basic concept enunciated courts congress insuring persons safeguards bill rights establish constitutional standards must observed people country legally sent prison case arose manner district pursuant competent jurisdiction administering estate bankrupt firm jay cook company owed money government house representatives passed resolution investigate settlement made trustee basis action settlement allegedly disadvantage creditors including government courts powerless afford adequate relief settlement kilbourn subpoenaed appear witness bring records papers maps pertinent question inquiry kilbourn refused convicted house contempt holding house exceeded power unanimous forcefully announced restrictions upon congressional power punish contempt time made emphatically clear restrictions equally applicable congressional power compel testimony thus committee attempts exercise extraordinary unwarranted assumption judicial power must strike done situation power investigate infringed upon powers law enforcement agencies cf quinn circumstances instant case compared prompted void conviction kilbourn striking similarity emerges indeed major difference circumstances two cases case involves criminal indictment pending witness kilbourn involved civil suit seem make case even stronger kilbourn chief reliance holding congress exceeded powers kilbourn case transactions congress inquired pending investigation one judicial character properly successfully made justice since inquiry related matter wherein relief redress judicial proceeding power attempted exercised one confined constitution judicial legislative department government kilbourn thompson supra summed view circumstances showed absence congressional power ask kilbourn questions statement matter still pending right congress interfere suit pending competent jurisdiction case particular subject committee inquiry petitioner objected whether past unfaithful union administering funds indictment pending petitioner competent jurisdiction charging using funds unlawful purpose congressional committee house kilbourn power grant union relief redress kind alleged breach trust petitioner far congress concerned kilbourn differences jay cook creditors held private affair congress compel witness answer thus pending civil case enough bar inquiries concerning transactions litigation far reason seems apply principle case congress attempts compel witness supply testimony used help convict crime viewing matter overlook argument justice harlan opinion particular testimony relevant congressional investigation handling union funds officers order help congress decide enact legislation field kind legislation enact conceding anderson kilbourn committee power ask general questions along line follow make detailed inquiries conduct witness related specifically crime already charged soon tried competent jurisdiction contrary holding kilbourn conclude otherwise incomprehensible urged congress needed details petitioner committed alleged crime order pass general legislation union funds hard indeed believe make rational proof refuse congress power compel testimony witness matter tried criminally invade area least possible power adequate enable congress legislate union officers union funds view satisfactory approach problems involving principles constitutional dimension look first interests government loom large particular instance go countervailing principles embodied bill rights demand attention governmental interest lacks compulsion bill rights demands much judging whether congress used least possible power adequate end proposed courts must assure possible infringement personal rights minimized determination courts must consider factors degree need investigating committee particular information requested whether committee able get desired information evidentiary source witness presently criminal indictment charge relating facts fact case indiana appears sufficient evidence secure indictment petitioner adequate indication independent sources information easily available committee obtained information sought without jeopardizing constitutional rights petitioner asking moreover argued persuasion congress met insurmountable barrier gathering needed information defendant pending criminal trial compelled answer questions legislative committee relevant indictment congress shown command means removing barrier see adams maryland process result reached justice harlan opinion seems ignore reasons bill rights incorporated constitution provisions adopted intended restraints upon actions government trespass upon personal liberties reserved individual society believe constitution barred government proceeding particular instance despite conceded validity interest testimony courts duty bound stand fast impairment individual guaranteed rights congress imposing upon courts responsibility committing persons jail contempt committees expect require courts apply lower standards compelled bill rights direct courts suppress rights judicial proceedings bill rights congress establishes standards must observed people country may legally sent jail congressional committee power compel testimony aid shaping legislation power merely publicize citizen shortcomings aid state convicting crime consider procedure pinions citizen within dilemma created circumstances case goes beyond least possible power adequate accomplish congress constitutionally permissible ends direct encroachment upon rights secured due process law send man jail refusal answer questions circumstances case outside power committee ask kilbourn thompson held plain denial process guaranteed fifth amendment federal constitution reverse conviction justice harlan seems question relation questions asked committee subject matter state indictment see pp ante course congress concern whether union funds used unlawful purpose whereas state concerned funds unlawfully used however truthful answer question asked committee fortiori answered state inquiry fact petitioner used union funds violation state law stated justice brennan concurring opinion see ante congressional inquiry state prosecution crossed paths committee learned union funds might used corrupt attempt forestall earlier indictment another county alleged offense davidson state ind crickmore state ind state schopmeyer ind decisions use state barred adamson california twining new jersey house congress proceeding matter beyond legitimate cognizance opinion shown give assent principle mere act asserting person guilty contempt thereby establish right fine imprison beyond power tribunal whatever inquire grounds order made necessarily grows nature authority exist limited class cases special circumstances otherwise limitation unavailing power omnipotent principle new novel one kilbourn made observation believed one chief merits american system written constitutional law powers intrusted government whether state national divided three grand departments executive legislative judicial functions appropriate branches government shall vested separate body public servants perfection system requires lines separate divide departments shall broadly clearly defined also essential successful working system persons intrusted power one branches shall permitted encroach upon powers confided others shall law creation limited exercise powers appropriate department tendency modern decisions everywhere doctrine jurisdiction tribunal render judgment affecting individual rights always open inquiry judgment relied proceeding kilbourn thompson supra emphasis added certain come great surprise many learn kilbourn severely discredited stated justice harlan opinion note ante longer stands prevent congressional body government encroaching upon exercise judicial power reference rumely justice frankfurter indicated dictum designed reserve decision upon suggested limit congress investigative power kilbourn contained loose language hardly method chosen overrule discredit decisions past indeed neither chosen footnotes moreover justice frankfurter reliance rumely mcgrain daugherty sinclair support statement substantial inroads made kilbourn rather confusing light recent pronouncement watkins mcgrain sinclair applied precepts kilbourn uphold authority congress conduct challenged investigations emphasis added kilbourn also cited favorably without question continued validity recent decisions barenblatt opinion harlan tenney brandhove opinion frankfurter hesitated sustain rights private individuals found congress acting outside legislative role kilbourn thompson uphaus wyman dissenting opinion contrary implication drawn justice harlan opinion principle adhere instant case also apply inquiries calling answers might used prejudice witness future judicial proceeding note ante seems obvious nothing opinion gives support inference fact believe careful reading make clear specifically pending nature state indictment due process violated inquiry state delay subsequent committee investigation bringing petitioner trial seems hardly relevant inquiry speed state judicial process moves justify otherwise unconstitutional exercise federal legislative power justice douglas dissenting agree questions asked petitioner committee within competence pertinent legislative inquiry think however circumstances disclosed federal courts lend hand fining sending prison four months hearings petitioner indicted indiana felonies involved directly indirectly matters concerning committee questioned refused answer clause fifth amendment plea admissible indiana prosecution state schopmeyer ind decisions see adamson california use barred advice counsel petitioner refuse answer ground rather refused answer ground questions might aid prosecution case indictment thus denial due process law power hold contempt witness refuses testify congressional committee dual aspect first power either house senate summon order held custody agrees testify power though used recent years watkins ancient vintage power either house imprison witness expires end session stated anderson dunn wheat although legislative power continues perpetual legislative body ceases exist moment adjournment periodical dissolution follows imprisonment must terminate adjournment second power courts punish witnesses recalcitrant defiant congressional committee summoned default law enacted passed greater punishment congress thought power impose inflicted watkins supra deal second powers federal courts sit mechanisms fine imprison congress refers attorney prosecution example case quorum congressional committee present witness charged contempt said christoffel seems us contrary rules practice congress denies petitioner fundamental right right convicted crime proof elements crime charged tribunal competent tribunal unthinkable body instrument criminal conviction italics supplied held slagle ohio though legislative committee acts within bounds yet form questions asked rulings objections may obtuse make violative due process courts punish refusal answer cf quinn lend hand inflict punishment person contempt congressional committee proceeding fundamentally unfair proceeding held unfair watkins supra far clear questions asked committee pertinent question inquiry fundamental fairness said demands witness informed topic inquiry connective reasoning whereby precise questions asked relate vagueness investigatory inquiries like vagueness criminal statutes may give witness notice necessary standards due process submit fundamental unfairness make impossible witness invoke privilege constitution grants send jail privilege withhold protected guarantee given petitioner full complete immunity decisions cases like adamson california supra cohen hurley decisions however make plea admissible pending prosecution indiana say clause fifth amendment applicable reason fourteenth amendment turn federal proceeding pretrial state prosecution witness invoke constitutional right since dare invoke fear going state prison ends federal prison result turn guarantee sham witness whipsawed state federal agencies way escape federal prison unless confesses state prison times said hobson choice granted witness product federalism feldman indeed case testimony man compelled testify state proceeding sent federal prison result line cases needless consequence federalism one makes constitutional privilege phrase without reality cohen hurley supra dissenting opinion due process different respect due process federal government mystery overrule adamson california supra hold admission made witness federal proceeding refusal testify used state prosecution take course good conscience send man federal prison goes solely deprived basic constitutional guarantee today consistent prior decisions hale henkel murdock yet result unfair case like forebears shows rid books adamson california supra hold privilege contained fifth amendment applicable federal government alike never view satisfactory answer position first justice harlan due process fourteenth amendment mean something different due process fifth amendment see hurtado california et seq stated stockdale hansard privilege committing contempt inherent every deliberative body invested authority constitution however flagrant contempt house commons commit till close existing session privilege commit better known limitation though party deserve severest penalties yet offence committed day prorogation house ordered imprisonment week every westminster hall every judge courts bound discharge habeas corpus sinclair opposed view pending suit civil criminal defense congressional committee exhausted power investigate violate due process federal courts become implicated criminal prosecution justice frankfurter expressed idea separate opinion watkins supra making federal judiciary affirmative agency enforcing authority underlies congressional power punish contempt congress necessarily brings play specific provisions constitution relating prosecution offenses implied restrictions courts function