UNITED STATES v. HUBBELL

No. 99-166.

530 U.S. 27 (2000)

UNITED STATES v. HUBBELL

United States Supreme Court.

Decided June 5, 2000.


Attorney(s) appearing for the Case

Ronald J. Mann argued the cause for the United States. With him on the briefs were Robert W. Ray, Paul Rosenzweig, David G. Barger, and Karl N. Gellert.

Deputy Solicitor General Dreeben argued the cause for the United States Department of Justice as amicus curiae urging reversal. With him on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, and Malcolm L. Stewart.

John W. Nields, Jr., argued the cause for respondent. With him on the brief was Laura S. Shores.*

Stevens, J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg, and Breyer, JJ., joined. Thomas, J., filed a concurring opinion, in which Scalia, J., joined, p. 49. Rehnquist, C. J., filed a dissenting statement, p. 49.


Justice Stevens, delivered the opinion of the Court.

The two questions presented concern the scope of a witness' protection against compelled self-incrimination: (1) whether the Fifth Amendment privilege1 protects a witness from being compelled to disclose the existence of incriminating documents that the Government is unable to describe with reasonable particularity; and (2) if the witness produces...

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