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United States v. North

910 F.2d 843 (D.C. Cir. 1990), 920 F.2d 940 (D.C. Cir. 1990)

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United States v. North

United States Court of Appeals for the District of Columbia Circuit

910 F.2d 843 (D.C. Cir. 1990), 920 F.2d 940 (D.C. Cir. 1990)

Facts

Oliver North (defendant) provided compelled testimony to Congress. As compelled testimony, North’s testimony was immunized under 18 U.S.C. § 6002. Eventually, the government (plaintiff) brought criminal charges against North related to his congressional testimony. The district court did not hold a full hearing to assess whether North’s immunized testimony was improperly used by the prosecution to affect the testimony of witnesses during his criminal trial. North appealed to United States Court of Appeals for the District of Columbia Circuit. The circuit court remanded the case to hold a Kastigar hearing to determine whether the prosecution used information from North’s immunized testimony before Congress. The government filed a petition for rehearing, which the circuit court granted.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Wald, C.J.)

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